1. General Conditions for the use of the Platform
The Corporación de Ferias y Exposiciones S.A. Usuario Operador de Zona Franca (hereinafter Corferias), is a commercial company domiciled in Colombia that makes available on its website www.corferias.com (“The Site”) a platform (“the Platform”), which has a solutions portfolio to support the reactivation of the economy supported by the main trade shows and business meetings in the country, which, in conjunction with the communities that Corferias has, will be able to generate effective connections for business meetings, access to content, virtual channels for visibility and commercialization of products and services, contacts and opportunities to open new markets or potential clients. The Platform has four (4) components (hereinafter the Components): (i) Virtual Showcase; (ii) Business Matchmaking; (iii) Entrepreneurship Capsule; (iv) Knowledge and Update.
Those who participate in this Platform (Buyers and Sellers) act in their personal capacity and therefore are independent from Corferias.
Seller is understood to be that natural or legal person that offers its goods and / or services through the Platform. Likewise, it will be understood that the Buyer is the natural person who enters the Platform to make use of all or some of the Components included in it.
Corferias is the owner and administrator of the Platform, therefore, it is not a distributor of the Products offered within it, it does not have any contractual position in the transactions carried out in any of the Components, between the parties that participate in the Platform, nor can it be qualified as a reseller of the products offered under this.
The Terms and Conditions of the Platform ("Terms and Conditions") apply to all the Components that are part of it. Likewise, the Buyer and the Seller understand and accept that by using the Platform they are unconditionally accepting the application of these Terms and Conditions.
The services offered on the Platform may only be used by people who have the legal capacity to contract in accordance with the provisions of current Colombian legislation.
2. Conditions of Linking to the Platform between Corferias and the Seller
2.1 By accepting these Terms and Conditions, Corferias and the Seller undertake to:
- Allow the Seller access to the Platform for the term established between the Parties.
- Allow the Seller access to the Virtual Showcase, in order that he can load the products that he will display during the term of this contract, taking into account the maximum number of products allowed per participant which corresponds to twenty (20) products.
- Give the Seller a space to be part of the Business Matchmaking (in cases where Matchmaking applies to the ecosystem), which will be carried out on the dates that Corferias previously informs.
- Allow the Seller access to the different academic contents carried out within the framework of this ecosystem.
- Pay Corferias the participation fee, in accordance with the value mentioned in the specific terms of this contract previously related.
- Be part of the Business Matchmaking on the days previously Servicios al usuario Reported by Corferias, to the email specified in the specific terms.
- Upload or supply the information of your products to be included in the Virtual Showcase, considering the number of maximum products approved.
2.2 The value corresponding to the Seller's participation in the Platform is that which has been agreed between Corferias and the Seller.
2.3 In the event that the Seller decides not to participate in the Platform, Corferias will have the right to keep the total amount of the payment made by the Seller, except if the reason for their non-participation is due to a fortuitous event or force majeure, qualified by CORFERIAS.
Corferias does not assume any type of responsibility if the Seller cannot participate in the Platform for reasons attributable to connection failures and/or to the provision of Internet service, taking into account that it is not the operator of this type of services. Likewise, it will not be the responsibility of Corferias if the Seller does not have the necessary hardware or software to connect to the Platform.
3. Post of the Products offered through the Virtual Showcase
The Seller through the Virtual Showcase will offer their products for sale, and will include descriptive texts, graphics, photographs and other content and conditions relevant to the sale of the product, provided they do not violate any legal provision and are not against morality and good customs.
The Seller declares and guarantees that is the owner or licensee of the necessary rights over the images and photographs contained in his publications, being solely responsible for any infringement of third-party rights.
Corferias may eliminate the post of images and photographs, and even of the product, if it interprets, in its sole discretion, that the image does not comply with these Terms and Conditions.
The product offered by the Seller must be exactly described in terms of its relevant conditions and characteristics.
It is understood and presumed that by including the product in the Virtual Showcase, the Seller accepts that he has the intention and the right to sell the Product offered by him, or is empowered to do so by its owner and has it available for immediate delivery or within the period agreed upon by the Buyer.
It is established that the prices of the published product must be expressed with VAT included when applicable, and in Colombian legal currency. Corferias may remove any publication whose price is not expressed in this way to avoid confusion or misunderstanding regarding the final price of the product.
The Seller must comply with all pertinent regulatory obligations and have the registrations, ratings, licenses, permits and / or authorizations required by the applicable regulations for the sale of the offered product.
Given that Corferias is a meeting point between Seller and Buyer and does not participate in the operations that are carried out between them, the Seller will be responsible for all the obligations and tax charges that correspond for the sale of its product, without being able to impute it to Corferias some type of responsibility for breaches in this regard.
4. Contact between the Seller and the Buyer in the Virtual Showcase
The Buyer when visiting the Virtual Showcase, if he is interested in any of the products offered on this platform, must press the button "Contact us", which will display a form that must be filled out and whose information will reach the Seller directly, thus initiating the negotiation between Seller and Buyer, who independently of this platform will define the conditions under which the future legal business will take place.
The Seller in the case of having an e-commerce, marketplace or any virtual transactional platform, this must have a pop-up window in which they inform users about delays in the delivery of products as a result of Covid-19, in the same way, he must also inform what is the process to request the reversal of the payment, present an improvement plan that guarantees the quality of delivery, support, claim and availability of the products before making the payment, strengthen customer service channels with the users of these platforms, among other recommendations.
Corferias only makes available to Sellers and Buyers a virtual space that allows them to communicate through the Internet to find a way to sell or buy products, as well as provide effective connections for business meetings, access to content, and virtual channels for visibility and commercialization of products and services, all of the above through its different Components.
Corferias is not the owner of the products offered, does not own them, or offer them for sale.
Corferias does not intervene in the improvement of the operations carried out between the Sellers and Buyers, nor in the conditions stipulated by them, therefore it will not be responsible for the existence, quality, quantity, condition, integrity or legitimacy of the goods offered, acquired or transfer by Sellers and Buyers. Each Seller knows and agrees to be solely responsible for the articles it publishes for sale.
Because Corferias does not have any participation in the publication of the product for sale, nor in the subsequent negotiation and perfection of the final contract between the parties, it will not be responsible for the effective fulfillment of the obligations assumed by the Sellers and Buyers in the perfection of the operation. The Seller and Buyer knows and accepts that when carrying out operations with third parties, it is done at their own risk. In no case will Corferias be responsible for lost profits, or for any other damage and / or loss that the Seller and / or the Buyer may have suffered, due to the operations carried out or not carried out by articles published through the Digital Business Platform.
This agreement does not create any partnership, mandate, franchise, or employment relationship between Corferias and the Seller and the Buyer. The Seller and the Buyer acknowledges and accepts that Corferias is not a party to any operation, nor has any control over the quality, safety or legality of the items advertised, the truthfulness or accuracy of the advertisements, the ability of the Sellers and Buyers to sell or buy items. Corferias cannot guarantee that a Seller and / or Buyer will complete an operation, nor can it verify the identity or Personal Data entered by the Buyers. Corferias does not guarantee the veracity of third-party advertising that appears on the site and will not be responsible for the correspondence or contracts signed between the Seller and the Buyer.
All communications made on the Virtual Showcase about the products offered there, especially those related to the description of the products, their specifications, characteristics, price, delivery conditions, returns and exchanges are made directly by the Sellers, as well as those related communications with offers, promotions, discounts, liquidations, among others, of the products, and which are your absolute responsibility, management and control.
The products offered on the Virtual Showcase are the sole responsibility of the Sellers, as well as the use of the brands that identify them. Thus, the Sellers will be solely responsible in the event that third parties consider that their intellectual property rights have been infringed by the sale of the same and, therefore, any claim for this concept must be sent directly to the Sellers, whose Contact details appear in the respective "Information about the Seller" section, accessible through any of the offers. Notwithstanding the foregoing, Corferias may eventually delete the information or products in question from the Virtual Showcase, without this implying in any case any admission of liability and without prejudice to any right, action or defense that may assist the Sellers.
The Seller may make use of the Virtual Showcase from the moment they receive by email from Corferias your username and password until may 31/2021.
Corferias operates as a simple facilitator of the Platform that connects Sellers and Buyers, and not as a reseller of the Products offered there. Therefore, any claim regarding the non-conformity or the quality of the products must be made directly by the Buyer to the Seller.
The Seller is solely responsible for the products offered through the Virtual Showcase.
Corferias does not assume any responsibility and under no circumstances for the guarantees granted by the Sellers of the products, therefore the Buyer must contact the Seller directly to make the warranty effective.
7. Business Matchmaking
In the case of the Business Matchmaking, Corferias provides the Platform through which Seller and Buyer is contacted, therefore, Corferias does not assume any type of responsibility regarding the fulfillment of scheduled appointments between Sellers and Buyers, likewise, it does not guarantee the outcome of the appointments, this will depend on the development of the advanced negotiation between the parties.
Corferias does not assume any type of responsibility if the Seller and / or Buyer cannot participate in the Platform for causes attributable to failures in the connection and / or the provision of the Internet service, taking into account that it is not the operator of this type of services. Likewise, it will not be the responsibility of Corferias if the Seller and / or Buyer does not have the necessary hardware or software to connect to the Platform.
8. Intellectual Property
The trademarks, logos, service marks, registered trademarks or copyrights exposed on the platform (the "Intellectual Property Rights") or in the content available through the Website, are trademarks and copyrights whose property belongs exclusively to CORFERIAS, to the Sellers or to the Ally that has supplied this content (registered, not registered or deposited).
Buyers may not use the Platform for the purpose of transmitting, distributing, storing or destroying material (i) in violation of any applicable law or regulation, (ii) in a way that infringes the laws on copyright, industrial property, trade secrets or any other proprietary right of third parties or in a way that violates the privacy, publicity or other personal rights of third parties, or (iii) in a defamatory, obscene, threatening or abusive way.
The Buyer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, store, create derivative works, disclose, assign, sell and in general commercially use any information, software, products or services that are part of the Platform or that has been shared through it.
The services, products and / or contents shared through the Platform and all the rights related to these are the property of CORFERIAS, or of the Seller or the Ally that has provided it, either because it is the owner of that right, or because it is the author of the work, or because he has the authorization of the author to use his work. These Terms and Conditions do not transfer or grant any right over or in relation to these or to use through any known or unknown means, the name of CORFERIAS, the Seller or the Ally, their brands, commercial slogans and any other distinctive sign under the ownership of them.
Buyers are prohibited from violating or attempting to violate the security of the Platform. Specifically, the Buyers may not (i) access information that is not directed or authorized to them or access servers or accounts to which the Buyer is not authorized to access; (ii) attempt to test the vulnerability of a system or network without proper authorization or to violate security or authentication measures; (iii) attempt to interfere with the services provided to a Buyer, server or network, including but not limited to sending viruses through the Platform or overloading traffic for denial of service; (iv) send unsolicited emails, including promotions and / or advertising of products or services. Violation of any security system or net can result in civil and criminal liability. CORFERIAS will investigate the occurrence of events that may constitute violations of the foregoing and will cooperate with any competent authority in the prosecution of the Buyers who are involved in such violations; (v) supplant the identity of other Buyers or natural or legal persons of any kind; (vi) provide incorrect or false identity information.
The Buyer may not reproduce, disassemble, decompile and / or use reverse engineering techniques on the Website, the contents or the software of the Website. All content on the Website is protected by laws and provisions of international treaties on intellectual property law. Through these Terms and Conditions, the Buyer is clearly and directly informed that the contents of the Website are protected by national and international regulations of intellectual property law, so the Buyer accepts that any use that making the contents of the Website outside of the honest uses in terms of intellectual property law is a use in bad faith, with the stated intention of harming the Administrator, the compensable Parties or a third party and obtaining a profit for himself or for a third party for it.
Nothing that is contained in the Platform should be interpreted as granting, by implication, rejection, or otherwise, any license or right to use any Intellectual Property Right without the license of use of CORFERIAS or of third parties that may be owners of those rights.
All content on the Platform, including but not limited to photographs, texts, drawings, brands, music, software, technical developments, designs, images and in general all well protected by intellectual property rights, image rights and / or the right to the domains (the "Materials") that are provided to be viewed, used or downloaded through the Platform, belong and will belong to CORFERIAS or to third parties who have authorized it to include them on the Website. The Buyer declares that he knows and accepts that he does not have or will have any rights over the Materials and that the use he makes of them must always be a private non-commercial use, which does not violate honest uses in terms of intellectual property rights.
If the User infringes the intellectual property rights of CORFERIAS or another person, or if CORFERIAS receives information about a possible infringement of third-party rights, CORFERIAS will be empowered to pursue compensation for the damages caused to CORFERIAS as a result of the infringement. The Seller is solely responsible for the content uploaded or used on the Website.
9. Applicable law and jurisdiction
These Terms and Conditions are governed and interpreted in accordance with the laws of the Republic of Colombia. Any controversy related to it will be subject to the courts of the Republic of Colombia.
In the event that any provision of these Terms and Conditions is considered null, ineffective, or invalid, partially or totally by a court or any competent authority, said declaration will not affect the validity of the other provisions, which will continue in force.
11. Authorization to the processing of personal data
With the use of the Platform and having accepted these Terms and Conditions, I give my free, spontaneous and informed consent, and consequently I authorize CORFERIAS to collect my personal data and keep it for treatment in accordance with the CORFERIAS Data Policy and this authorization, in order to use them for (i) the promotion, marketing, advertising and information of CORFERIAS 'own commercial activities, (ii) use them for the promotion, commercialization, advertising and information of commercial activities, services or products of exhibitors and / or strategic allies that participate in the fairs and / or events that take place in any of the digital platforms of CORFERIAS or in its fairgrounds. The authorization that through this document I grant, empowered CORFERIAS to assign, transfer and / or transmit my personal data to third-party recipients of the same, in Colombia or abroad. CORFERIAS is not responsible for the improper use of the data by the receiver of these, when this is done outside the framework of the agreement concluded with CORFERIAS and this authorization.
I have read and know that I have rights as the owner of the personal data provided, and that I can exercise them before CORFERIAS in accordance with article 8 of Law 1581 of 2012, which correspond to: i. Know, update and rectify personal data against Corferias; ii. Request proof of the authorization granted; iii. To be informed by Corferias, upon request, of the use that has been made of the data; iv. Submit complaints to the Superintendency of Industry and Commerce for infractions against this Law; v. Revoke the authorization and / or request the deletion of the data when the constitutional and legal principles, rights and guarantees have not been respected. For more information, you can consult Corferias' Data Treatment Policy at the link: http://corferias.com/pdf/proteccion-de-datos-personales.pdf. Responsible for Treatment: CORFERIAS - Carrera 37 No. 24 - 67 Bogotá - Phone: 3810000”.
- A partnership: