Terms and conditions

IMPORTANT

It is very important for us that before using our platform and/or the services we offer, you become familiar with our terms and conditions. Please take the time to read them.

We are Inc Fabrica Studio S.A.S., a company established under the laws of the Republic of Colombia, based in Bogotá D.C., with the tax identification number (N.I.T.) 900.606.517-2. For the purposes of this agreement, we may be referred to as: NOA, licensor, or service provider, and we present the terms and conditions for you to use our platform and access our services.

You may hereinafter be referred to as:
User, licensee, or customer of the website, and you acknowledge that the web platform (hereinafter the Web Platform) and its related brands are the exclusive property of NOA.

The Web Platform’s main function is to offer and provide the User with our services and/or products, as well as to publish and promote our own or third-party content.

DEFINITIONS

These are some necessary definitions to understand the terms of use of the Web Platform. The following words should be understood as follows:

Electronic Commerce:

Encompasses the sending, transmission, reception, and storage of data messages electronically. Any doubts regarding the effectiveness and validity of data messages and other activities related to electronic commerce will be interpreted in accordance with Law 527 of 1999 and other complementary or replacement regulations.

Contents:

All forms of information or data disclosed on the Web Platform, including but not limited to: texts, images, photos, logos, designs, animations, videos, audio recordings, whether owned by NOA or third parties, are duly protected by copyright laws.

Cookies:

Virtual text strings that may be stored through the use of the Platform to track user activities and preferences.

Intellectual Property Rights:

All provisions, works, inventions, patents, trade names, logos, emblems, slogans, domain names, trade secrets, know-how, industrial designs, patents, utility models, and copyrights.

Internet:

A communication tool connecting tens of thousands of computer networks using the TCP/IP protocol. Multiple services can be used over this network, such as email, the World Wide Web (WWW), etc.

Adult:

A natural person over eighteen (18) years of age.

Web Page:

A hypertext or hypermedia result provided by a WWW browser after obtaining the requested information. Its content can range from short text to a substantial collection of texts, static or moving graphics, sound, etc.

Publish:

To make a document or content visible on the Web Platform.

Services:

Activities or products offered through the web platform to provide users with the services or products as offered within the specified time and conditions.

User:

Any natural or legal person who accesses the Website. They can register if they need to carry out a procedure or receive one of our services or products.

Pop-Ups:

Internet windows or notices that automatically appear when using the Platform, especially used for formalizing purchase-sale contracts with the User.

Link:

Hypertext pointers used to jump from one piece of information to another or from one web server to another when browsing the Internet.

TERMS OF USE OF THE WEB PLATFORM

These terms and conditions of use regulate the commercial contractual relationship between Users who access our virtual platform.

If the User does not agree to these Terms of Use or any provisions of the Privacy Policy presented by us, they must refrain from accessing, browsing, or using the web platform.

ACCEPTANCE OF TERMS AND CONDITIONS

By accessing the Web Platform, it is presumed that the User does so at their own responsibility and that, by accessing and browsing, they expressly and without reservation accept the content of the terms and conditions of use described here.

NOA fully reserves the right to update and modify the present conditions of use, privacy policies, and the content of the page at any time and in any way, unilaterally and without prior notice.

CONTENTS OF THE WEBSITE AND THIRD-PARTY LINKS

The Web Platform is intended to provide the user with access to our online services and products, as well as all kinds of information related to our corporate purpose.

The Web Platform may have links to other sites of interest or documents located on other web pages owned by third parties. The fact that the user accesses another website or an individual document located outside NOA’s Web Platform, through a link or link established, means that the user shall willingly submit to the terms of use and privacy policy of the website to which the link refers.

The publication of a link to a third-party website does not necessarily imply the existence of a relationship between NOA and the owner of the linked site or webpage, nor does it imply NOA’s acceptance or approval of its content or services, nor does it guarantee the accuracy of the content. Similarly, it is not guaranteed that they will not be taken down or remain accessible indefinitely; such decisions are at the discretion of the content owner. Those who intend to establish a link will ensure that it only allows access to the homepage of the website.

Therefore, NOA is not responsible for information found outside of this website that is not directly managed by our content administrators. The links that appear on the Web Platform are intended to inform the User about the existence of other sources that may expand the content we offer on the Website or that are related to it in our opinion. We do not guarantee, and therefore, we cannot be held responsible for the operation or accessibility of linked web pages. We do not suggest, invite, or recommend visiting them, and therefore, we will not be responsible for the outcome obtained. So, accessing them through the Website also does not imply that we recommend or approve their content.

COSTS OF WEBSITE USE OR SERVICES

The provision of services or products through our Web Platform may be free of charge or subject to charges for some functionalities or basic content, which will be defined freely by NOA.

Payment conditions, including the value and method of payment, will be informed before the acquisition or enhancement of the offered features, add-ons, functionalities, or services.

ELECTRONIC COMMERCE

The User and NOA acknowledge awareness of Colombian regulations regarding data messages under Law 527 of 1999. They recognize that national legislation validates data messages, and therefore, they acquire probative character and legal status regarding contractual obligations. As a result, the User understands that through the exchange of data messages, the parties may give rise to the creation, modification, and termination of obligations.

The commercial transaction that is born by this means between Users and NOA, may be, the celebration of one or more contracts of purchase and sale, provision of services, licenses and other nominated or unnamed used in Colombia or abroad which will also be ratified by electronic or physical means depending on their nature.

CAPACITY

It is clear to the User that the contractual relationship that may be generated through the use of the Platform will be directly between the Parties. It will consist of an electronically executed contract of sale, provision of services, or license under the conditions informed, and once acceptance and subscription have been given between the Parties.

By virtue of the conditions of legal capacity established in the Colombian Civil Code and the validity of the manifestation of will through electronic means established in the law 527 of 1999, THE User at the moment of the birth of the legal business, expressly manifests to have the capacity to celebrate the type of transactions that can be made through the Website; and based on the prescribed in the law 1098 of 2006 of the Republic of Colombia, minors have the capacity to celebrate this type of transactions, however NOA will be able to: Translated with www.DeepL.com/Translator (free version)

a) Exclude from the information system the data of minors who have used the Platform.

b) To inform the authorities of any situation of which it becomes aware that endangers the integrity of a minor.

c) Inform minors who are interested in purchasing products or use the services offered on the platform using electronic means of payment, they must make the economic transaction of electronic character through their parents or representatives, after registration and contracting with them

d) Inform at the time of selecting restricted or prohibited marketing products for minors, so that expressly confirm the age of the user.

OF THE PUBLISHED CONTENT

NOA may publish through the Web Platform copyrightable publications, such as articles or works of a literary and scientific nature, which may be prepared by NOA or by third parties, for informative, informative or economic exploitation purposes.

NOA may at its discretion modify or remove the content at any time and without notice. The opinions expressed in the comments made by Users of the Web Platform do not reflect the views of NOA, nor can be held responsible for them.

PROHIBITIONS FOR USERS TO USE THE PLATFORM

Users of the Web Platform understand that they are prohibited from any of the following behaviors:

– It is expressly forbidden to use the Web Platform that in any way overload, damage or disable the networks, servers and other computer equipment or products and computer applications of NOA or third parties.

– The User is forbidden to use, make use of, commercialize, distribute, transfer and in general any act of disposition of the contents without prior written authorization from NOA.

– The User of the Web Platform is prohibited from altering, blocking or performing any other act that prevents the display of or access to any content, information or services of the Web Platform or that are incorporated in the linked web pages;

– The User is prohibited from altering the source codes of the Web Platform.

– The User is prohibited from sending, transmitting or posting on or to the Web Platform, to other users or any other person, any information of obscene, defamatory, libelous, slanderous or discriminatory content against any person, or against NOA, its affiliates, shareholders, employees, contractors or those responsible for the administration of the Website.

– It is forbidden to use the Web Platform, the services offered or the commercial name and/or trademarks of NOA to advertise products and/or services of any kind within “the spaces”.

– The User is prohibited from abusing, harassing, threatening or intimidating other users of the Website either through chats, forums, blogs or any other form of contact presented for the provision of the services offered by NOA.

– The User is prohibited from sending unwanted electronic mail (SPAM) to other users of this Web Platform, as well as from transmitting viruses or any code of a destructive nature.

The User who incurs in violation or threatens the stability of the Platform of one or more of the prohibitions of use, may be suspended either totally, partially, temporarily or permanently, from access, use, provision of services within a computer system of NOA’s website.

NOTICE OF COOKIES POLICY

NOA does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.

NOA is not responsible for the uninterrupted or error-free service of the Web Platform. NOA manages with its best efforts the content and operation of the Web Site to be of optimum quality, and in this sense the User agrees to use the online service as it is (As Is).

Accordingly, NOA shall not be liable for any damage caused by virtue of any alteration made to the materials or download files altered by third parties and provided on the Web Platform.

In no case shall be accepted content that may be considered offensive, sexist, racist, discriminatory, obscene, to the extent that offensive content violates fundamental rights of individuals.

INTELLECTUAL PROPERTY

The intellectual property on the contents of the Web Platform, the same Web Platform or trademarks, are part of the heritage of NOA or depending on the case the ownership is owned by third parties who authorized the use of them on the Web Platform or is public information that is governed by the laws of access to public information Colombian.

The texts and graphic elements that constitute the Website, as well as its presentation and assembly, or are the exclusive property of NOA or are derived from the necessary exploitation rights. Notwithstanding the foregoing, trade names, trademarks or distinctive signs that appear or to which reference is made in the Web Platform, belong to their respective owners and are protected by the legislation in force in this regard.

The user accepts and acknowledges that the rights to the goods, intellectual property, industrial property, trademarks and content will remain with NOA, without the authorization of use of the components of the Web Platform can be understood as transfer or authorization of exploitation beyond the commercial services object of the Web Platform.

The User is prohibited from any use, transformation or exploitation of the contents included in the Web Platform for commercial or promotional purposes not expressly authorized, in which case the authorization must be prior by NOA; in any case any use contrary to law is prohibited.

PRIVACY

Personal information is understood as the information provided by the User for registration, which includes data such as name, identification, age, gender, address, e-mail and telephone number, which the User declares to be true and that he/she can dispose of them in accordance with the law.

The storage and use of personal information is governed by the Privacy Policy of the Website. Which the User can consult here Privacy Policies. / www.habeasdata.com

APPLICABLE LAW AND JURISDICTION

The terms and conditions of use of the NOA Web Site are governed by the laws of the Republic of Colombia, any dispute arising from its interpretation or application shall be submitted to the judges of the Republic of Colombia.

For any legal or judicial effect, the place of these conditions is the city of Bogotá D.C., Republic of Colombia.

DIVISIBILITY

In the event that any of the provisions of the terms and conditions, general policy agreement of our services and products or policy of use of personal data becomes invalid or unenforceable for any reason, all other provisions retain their binding force and binding character of all its effects.

ENTIRE AGREEMENT

The use of the Web Platform, as well as the activation of the services provided through it or the acquisition of products through it, represents a full agreement between the parties.

Agreements other than those communicated through the platform must be in writing.

INITIATION OF THE PROVISION OF SERVICES

NOA shall not be obligated to initiate the provision of any service without receiving the requested payment or advance payments agreed to in accordance with the service offer.

RESERVATIONS ON THE USE OF THE WEBSITE

By entering the Web Platform and to ensure the good and proper use of the same, the user acknowledges that NOA reserves the right to:

– Deny registration to any person, at any time and for any reason, especially for breach of the prohibitions contained herein or in general of the terms and conditions of use of the Website.

– Include or not in the Website the material received from users at its discretion. In the case of including it, it may keep such material on the Website for the period it deems appropriate or modify it.

– Remove, without being obliged to do so, contents that in NOA’s opinion are illegal, offensive, defamatory or that in any other way violate these Terms and Conditions of Use.

– Use personal information and/or content provided by Users in accordance with the Website Terms of Use and our Privacy Policy.

REGISTRATION AND USER PARTICIPATION

By entering and making use of the Web Platform, and to ensure the good and proper use of the same, the User must comply with the following:

– Be responsible for any activity carried out under its registration.

– Be responsible for the security of your password.

– Not to use the Web Site as a means to develop illegal or unauthorized activities in Colombia, as well as in any other country.

– To be solely responsible for your conduct and for the content of texts, graphics, photos, videos or any other type of information that you use or include in the Website.

NOA shall not be liable for the user’s failure to comply with the above rules, and the user agrees to hold NOA harmless in case of violation of the above rules.

Furthermore, NOA, its employees, suppliers or advertisers shall NOT be liable in any way in the event that comments, information, messages, opinions, or the like are affected, deleted, altered, or modified in any way.

Users shall refrain from initiating any action or claim against NOA related to or derived from the information, content, opinion or comment coming from another User and/or a third party unrelated to NOA, being accepted by the users that such actions or claims may only be initiated against their direct responsible, for which they shall promote the pertinent legal actions, under the procedures legally established for such purpose. Los usuarios se abstendrán de iniciar cualquier acción o reclamación contra NOA relacionada o derivada de la información, contenido, opinión o comentario procedente de otro Usuario y/o de un tercero ajeno a NOA, aceptando los usuarios que tales acciones o reclamaciones sólo podrán ser iniciadas contra sus responsables directos, para lo cual promoverán las acciones legales pertinentes, bajo los procedimientos legalmente establecidos al efecto.

MODIFICATIONS TO THE TERMS AND CONDITIONS OF USE

NOA may at any time and at its discretion modify the terms and conditions of use presented herein. The validity of the modifications will be effective once they have been published on the Web page or notified by any means and to the contact information informed by the User.

The User understands and accepts that he/she agrees to periodically review this section to be informed of any changes and each new access of the user to the page will be considered a tacit acceptance of the new conditions.

COOKIE POLICY NOTICE

A Cookie is a text file that is stored in your preferred browser when the User visits our website. NOTICE OF COOKIES POLICY The information stored by cookies can be of a technical nature, personal preferences, content customization, usage statistics, links to social networks, access to user accounts, and so on.

Through the use of cookies, the content of the website is adapted according to the profile and needs of the User.

By using the platform, accepting the terms of use of the same and / or policies of use of personal data, the user accepts the use of cookies. However, they can be deactivated by request of the User to NOA through the customer service channels.