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Terms and conditions

The terms and conditions hereby regulate the use of the hdacoffee (hereinafter referred to as “THE PORTAL”). THE PORTAL is solely and exclusively owned by Historia De Amor LLC (hereinafter referred to as “The Company”, “HDA”, “we”, “us” or “our”). Access and use of the PORTAL is free, except for those sections and functions expressly indicated by HDA. The terms and conditions will be composed by this text and other documents annexes mentioned herein. By accessing THE PORTAL, you are agreeing to be bound by these web site Terms and Conditions of Use. We advise to read carefully this document, because it contains and describes the rights, obligations and responsibilities of the users of THE PORTAL.

ABOUT THE PORTAL

Anyone with internet access and through a browser o by using the app, with a mobile device or a computer, could access the information of THE PORTAL. Notwithstanding, THE PORTAL could have exclusive functions or sections which can be accessed only by registered users or for those who comply with the conditions established in THE PORTAL or any other parameter considered by HDA.

The users registry to THE PORTAL is available only for those who have reached legal age in accordance with the applicable Laws of the Republic of Colombia or for legal entities adequately represented and whose register will be subject to verification. It is essential to register as a user of THE PORTAL full and unreserved acceptance by the user of the personal data (privacy policy or data processing) and each and every one of the Terms and Conditions of Use established by HDA is required, and also to fill the registration format. Any violation of the terms and conditions mentioned herein shall entitle The Company to terminate, suspend or prevent access to the portal and/or related services or offered by the PORTAL.

USER REGISTRATION

To be a PORTAL user it is required to fill in the registration form. At the time of registration users must provide a valid email address and other information that THE PORTAL requests as necessary and obligatory. Once supplied the information required by the PORTAL, a representative of the Company will contact the user to complete the registration and validation process. Once completed the verification in accordance with internal standards of The Company, a name and password are assigned to the user in order to use the PORTAL. Both attachments and other data provided or that are requested during the registration process will be subject to verification by the Company. The user enables and authorizes the Company to verify all information provided by this to the authorities and relevant organizations in order to maintain standards of quality and safety among others, offered by The Company and by the PORTAL. Enabling users will be subject to verification and confirmation of the information provided by them either through THE PORTAL or by any other means.

The information provided by the user through the aforementioned means shall be accurate, correct and true. Likewise, the user agrees to notify any change or variation thereof. The user is solely responsible for any damage caused by having given false or incorrect information.

The username and password are personal and non-transferable. The sale, loan or transfer of the username and password is strictly prohibited. Users are solely responsible for the confidentiality and use that they give to their username and password. The Company will not be liable for any harm caused or related to theft and/or misuse of username and/or password.

The user is obliged to notify immediately through by any means and instructions provided by the PORTAL or The Company, in regards to any unauthorized use of your username, password or any other product related to the PORTAL or The Company. THE PORTAL reserves the right to reject any application for registration or cancel an existing record.

ACCOUNT DEACTIVATION AND CANCELATION

At any time and for any reason you may disable your user account, logging your session and selecting the option “Deactivate my account”. THE PORTAL reserves the right to cancel the account of any user who violates the Terms and Conditions of Use.

MODIFICATIONS

Terms and Conditions may be amended in whole or in part only by The Company. Such changes will be posted by sending an email to the registered address, at time of log-in or registration, or by any other means that society considers appropriate for this. Once published, the modifications shall be effective immediately. Users have a duty to periodically review the current Terms and Conditions to be aware of their rights and obligations regarding use of the site or the portal. Once notified of changes or modifications, users through the use of the portal accept changes to these terms and conditions.

INTELLECTUAL PROPERTY

The content of this site, including but not limited to software, design, text, images, photographs, illustrations, audio material and video, graphic or artistic material, databases, confidential information, copyright and any other element of this website capable of being protected as intellectual property, is exlusively owened by The Company. Furthermore, The Company is authorized to display and use on THE PORTAL elements, trademarks, logos and other business signs whose membership can be related to his collaborators, partners and suppliers. The elements listed above are protected by national and international intellectual property laws. The violation of any of these rights will be prosecuted, civilly or criminally punished in accordance with national or international standards. By accepting these Terms and Conditions Users acknowledge that the content in THE PORTAL are exclusive property of the company except for those who are licensed or authorized for use and exploitation by their owners.  In regards to the above, users agree to comply all contents present in the portal. Users are strictly forbidden to reproduce, modify, create derivative works such as similar websites, mobile applications or otherwise use any site content without prior consent of The Company. Users will be liable for damages caused by any infringement of intellectual property. The Company will not be liable for improper use made by users of this content in the portal.

We require from our users to respect our copyright, trademarks and other intellectual property rights as well as the portal respects the intellectual property of others. Once we are notified, we will immediately remove the website content that infringes copyright, and prohibit access to the website and its services to anyone who repeatedly uses THE PORTAL to infringe the intellectual property rights of third parties. If you think this site violates the intellectual property rights of any work on your property, please let us know.

CONTENT CONTRIBUTED BY USERS

The user acknowledges and accepts that he/she/it is the exclusive holder of the copyright on all content to provide, produce and to the spaces offered by THE PORTAL. The user grants the COMPANY permanent license with global coverage, free, nonexclusive to reproduce, adapt, compilate, store and distribute the content supplied by the user through the PORTAL. The Company recognize the user´s authorship of the material provided. The Company may sublicense to its affiliates and/or subsidiaries the same content. The user represents and warrants that all content provided are of its own, therefore, the user  is solely responsible for not violating the copyright of third parties. In accordance to the above, the user shall indemnify The Company and its sublicenses against any claim or action that arises during the use of THE PORTAL.

The user has the faculty to include in the PORTAL photos and/or images and/or text and/or other material owned by the user or by a third party, it is expressly established that the inclusion in the PORTAL shall be deemed that the user authorizes The Company to make this material appear, render and display without right to receive any compensation from The Company. Anyhow, the user can keep the uploaded material on the PORTAL for a period that it deems appropriate. In regards to any type of material and/or information submitted to THE PORTAL by  the users, including photos and/or images and/or text and/or other material owned by the users or third parties which they have been authorized, it is considered that the user owns the copyright on such content and once included in THE PORTAL the user grants to The Company a license, free, unconditional and nonexclusive of worldwide coverage to use such content without the right to perceive any compensation or any subsequent claim, whatever their type or nature. The Company may use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content of such material under license thus granted.

You acknowledge that the provision or supply of proprietary content or third parties is done on a voluntary basis and taking into account the features of THE PORTAL and the terms  of use stablished by The Company. In any case, for the provision of all materials and/or information the user must observe and apply, conditions of use and participation in THE PORTAL which are mentioned in this text.

USERS RESPONSIBILITY

The user agrees to use THE PORTAL and the services offered in accordance with the law, the Constitution of Colombia and conditions of use of THE PORTAL.

The user is responsible for the content of the material uploaded to THE PORTAL. Therefore the user releases from liability The Company in the event of default publications that The Company considers offensive, discriminatory, among others carried out to through the PORTAL.

The user shall indemnify the society against all claims, demands, actions and costs that may arise any third party or consumers of the services provided through the HDA ENTERPRISE platforms The Company will not be liable for damages, costs, additional expenses or any other direct, indirect or other damages that are caused due to the use of the HDA ENTERPRISE platforms by the users when established standards of the HDA ENTERPRISE platforms are not taken into account in accordance with terms and conditions of use.

The user shall be liable for any damages that may cause the Company or any third party for misuse of the PORTAL. The following illustrative and nonexhaustive list is considered misuse:

  • Reproduce, copy or distribute all or part of information for commercial purposes.
  • Transform or modify the information of THE PORTAL.
  • Remove, ignore or manipulate the copyright and other data that identify and individualize ENTERPRISE HDA or holders incorporated into the contents.
  • Using THE PORTAL content or services offered on it, to send communications or advertising with the purpose of selling or any other commercial purpose.
  • Providing false or incorrect information that may mislead or prejudice The Company or third parties.

The Company reserves the right to deny or withdraw access to services and products offered on THE PORTAL at any time and without giving notice to the user that fails to comply with the terms and conditions.

Given all the information reflected in this text, the user not only relieves The Company but also holds itself harmless from any liability arising from the breach of the terms and conditions herein agreed, including damages caused to others users and/or any third party concerned.

Likewise, the PORTAL does not guarantee the absence of viruses or other similar elements, and therefore is not liable for damages of any kind that are caused due to the presence of viruses or other elements that may cause alterations in the computer system, electronic documents or files of the users.

Users must periodically review the current Terms and Conditions to be aware of their rights and obligations regarding use of the site or THE PORTAL. Once notified of changes or modifications, users through the use of the portal accept changes to these terms and conditions.

LAWS AND REGULATIONS

Any dispute arising from these Terms and your use of the products or Sites will be governed by and construed and enforced in accordance with the laws of Florida except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware and the United States

NOTIFICATIONS

To make complaints or reports, requests, or claims users can contact the following email address: [email protected]

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