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Term Of Service

Term Of Service

WHO ARE WE?

The website you are visiting is owned by BLOCK FACTORING S.A.S., this company is identified with the NIT No. 901.376.146-9, its address for judicial notifications is: CARRERA 14 N° 76-26 OFC 504 (Colombia), telephone 322 7900927 or Email: blockfactoring@gmail.com Hereinafter THE COMPANY.

By entering, reviewing and contacting us on this website you agree to read, inform yourself and comply with the terms and conditions of use, also obliges you to respect the privacy policies. In accordance with Colombian legislation on the subject, because the content, services and offers that you find in https://getbfm.com apply only to Colombia.

This document describes the general terms and conditions and privacy policies applicable to the access and use of the services offered by BLOCK FACTORING S.A.S, within the site https://getbfm.com and/or other related domains (urls), where these terms and conditions are found.

Any person wishing to access and/or subscribe to and/or use the site or services may do so subject to the general terms and conditions and privacy policies, together with all other policies and principles governing BLOCK FACTORING S.A.S and which are incorporated herein.

1. Acceptance.

The signature, acceptance or use by any means of the web page shall be understood as a pure and simple unconditional acceptance of these terms and conditions.

BLOCK FACTORING S.A.S. requests the visitor and user of this page, to read these conditions and the privacy policy in detail, before starting its exploration or use. If you do not agree with these conditions or with any provision of the privacy policy, we suggest that you refrain from accessing or browsing the BLOCK FACTORING S.A.S. website.

  1. Modifications.

BLOCK FACTORING S.A.S. reserves the right to make modifications to these terms and conditions unilaterally and without prior notice, the present conditions of use and the contents of the page.

Dear User: The main function of BLOCK FACTORING S.A.S. website is to provide information about its services and to promote online shopping to its customers.

Through it, it publishes the topics and activities that have to do with its mission, vision, objectives and functions that correspond to its corporate purpose. Additionally, through this medium, it provides information on: procurement procedures, and services in general.

The user acknowledges that under these general conditions and regulations, BLOCK FACTORING S.A.S. hereinafter; THE COMPANY, does not assign or transfer to the user of this site any rights over its property or any property of third parties. THE COMPANY only authorizes the user to access and use the same in accordance with the terms indicated in these conditions and regulations. THE COMPANY authorizes users to access and browse the website using the services and viewing the contents incorporated therein. Users are not authorized to: copy, disclose, transmit, communicate, communicate, modify, alter, distribute (including e-mail and Internet) assign, or in any other way, deploy activities that lead to any commercial use of this website and digital content of the brand, whether partial or total. In any case, the license of use recognized in the present section cannot, in any case, be assigned or transferred to third parties.

Access, viewing and, where appropriate, downloading of content and / or services will always and in any case for strictly personal and non-commercial purposes. THE COMPANY reserves each and every one of the rights over the Property, including, but not limited to, the intellectual and industrial property rights it holds over them. THE COMPANY does not grant any other license or authorization of use of its Property, other than that expressly detailed in this clause. On the other hand, the provision of the BLOCK FACTORING S.A.S. website service is free and free for users and is governed by the terms and conditions included below, which are understood as known and accepted by the users of the site. Ownership of the content of the Site

The Service contained in this website is provided in accordance with the applicable laws in Colombia with the General Conditions of Use, Policies and Legal Terms contained in this page, which shall apply to any visitor or user accessing the same. With respect to the contents appearing on THE COMPANY’s website, the user agrees to:

  • Use the contents in a diligent, correct and lawful manner.
  • Not to remove, circumvent, or manipulate the copyright and other data identifying the rights of THE COMPANY.
  • THE COMPANY shall not be liable for any improper use by users of the content of its Web site.
  • The visitor or user of the website shall be responsible for any improper, unlawful or abnormal use made of the content, information or services of the COMPANY’s website.
  • The visitor or user of the site, directly or through an intermediary, shall not in any way attack the COMPANY’s website, its technological platform, its information systems or interfere with its normal operation.
  • The visitor or user of the site, shall not alter, block or perform any other act that prevents the display of or access to any content, information or services on THE COMPANY’s website or that are incorporated in the linked web pages.
  • The visitor or user of THE COMPANY’s website will not incur from the same in unlawful conduct such as damage or computer attacks, copyright infringement.

GENERAL PROVISIONS

Comments, Inquiries, Complaints and Disputes

1.1 Contact BLOCK FACTORING S.A.S.

If you have general comments or questions, please contact us through our user support at blockfactoring@gmail.com. When contacting us, please provide us with your name, email address and any other information we may need to identify you,

1.2 Complaint process

If you have a dispute with BLOCK FACTORING S.A.S (a “Complaint”), you agree to contact BLOCK FACTORING S.A.S through our support team to attempt to resolve such dispute amicably. If we are unable to resolve the dispute through BLOCK FACTORING S.A.S’s support team, you and BLOCK FACTORING S.A.S agree to use the Company’s formal complaint process (the “Formal Complaint Process”) outlined below. You agree to use this process prior to initiating any legal proceedings. If you do not follow the procedures set forth in this Section before filing a claim, we will have the right to ask the arbitrator or court to dismiss your claim unless and until you complete the following steps.

1.3 Commitment Clause

If we are unable to resolve the dispute through the Grievance Process, you and we agree that any dispute or controversy arising out of or relating to this Agreement and/or the Services and/or any relationship between you and/or the Company shall be resolved by an Arbitral Tribunal sitting at the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce, in accordance with the National Arbitration Procedure Rules of the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce.

1.4 Waiver of class actions

You and we agree that, by participating in this agreement, you and BLOCK FACTORING S.A.S. are giving up the right to a trial by an ordinary judge or to participate in a class or collective action. You and we acknowledge that arbitration excludes the right to participate in a class action, the right to a trial before an ordinary judge.

1.5 Governing Law; Place and Jurisdiction

 This Agreement, the Site and/or the Services as well as the relationship between the Company and the Users are governed by the laws of the Republic of Colombia, without regard to principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, shall govern this Agreement.

1.6 Modifications

 We may amend or modify this Document by posting on the Site or emailing you revised and/or modified Terms, and such revised and/or modified Agreement will be effective upon such posting. If you do not agree to such modification, you shall immediately terminate and cease your use of the Services and close your account and report your non-acceptance of the modified Agreement to us. You agree that we will not be liable to you or any third party for any modification or termination of the Services, or suspension or termination of your access to the Services, except to the extent expressly stated otherwise herein. If the revised Agreement includes a material change, we will endeavor to provide you with advanced notice via our Site and/or email prior to the material change becoming effective.

1.7 Full agreement

 This Agreement comprises the entire Agreement and the agreement between you and the Company with respect to the subject matter hereof, and supersedes all previous discussions, agreements and understandings of any kind, and all features between you and BLOCK FACTORING S.A.S.

1.8 Force majeure

 The Company shall not be liable for delays, failures in performance or interruption of deliveries resulting directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any acts of third parties, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or services of network providers, equipment and/or software failure, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of the remaining provisions.

1.9 Applicable Law; Place of Events

 You agree that the laws of the Republic of Colombia, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and BLOCK FACTORING S.A.S. You and BLOCK FACTORING S.A.S. consent to the personal jurisdiction of the courts of the Republic of Colombia.

1.10 Headings

 The section headings and titles contained in this Agreement are inserted for convenience and ease of reference only, and shall not be considered for any other purpose, including the interpretation or enforcement of this Agreement or any of its provisions.

1.11 Interpretation of the contract

The terms “this”, “this”, “herein”, “herein”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Section unless specifically stated otherwise. Unless specifically referring to another instrument or document, references to “Sections” refer to the indicated portion of this Agreement. References to a section or subsection of this document include all subsections thereof. Non-exclusive terms such as “including”, “such as” “for example” and “for instance” list examples only and do not indicate an exhaustive list of situations in which a clause applies. These terms have the same meaning as the phrase “including, without limitation”. When used in this Agreement, the singular shall include the plural and vice versa, and gender-specific pronouns and references shall apply to all genders and trusts or entities as required by the context and meaning of this Agreement. Any reference to any statute, regulation, rule, standard, ordinance, law or document includes any amendment, modification, replacement, restatement or recodification thereof, and all subsections of the section or clause referred to. Any deletion of language from prior versions of this Agreement shall not be construed to increase the presumption, rate of interpretation or implication, including but not limited to any implication that the parties intended to be expressed with respect to the deleted text. Each User acknowledges that he or she is accepting this Agreement freely, knowingly and voluntarily, and is not bound by any other person, has read this Agreement in its entirety and understands it in its entirety.

1.12 Language

Notwithstanding any other provision in this Agreement, any translation of this Agreement is provided for your convenience. The meanings of the terms, conditions and statements in this document are subject to definitions and interpretations in English. Any translation may not accurately represent the information in the original Spanish language. The Spanish version shall prevail in the event of any inconsistency between the Spanish version and the English or any other language version.

1.13 Irrenounceability.

The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held to be invalid, void, voidable, unenforceable and/or unenforceable, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is held to be illegal, void, ineffective, unenforceable and/or unenforceable or for any reason unenforceable, such provision shall be deemed severable from this Agreement and shall not affect the validity, effectiveness, enforceability and applicability of the remaining provisions.

1.14 Notifications

 The Company may notify you by means of a general notice on the Site, by email to the email address on your BLOCK FACTORING S.A.S. account, or by written communication sent by certified mail to your account address. Such notice shall be deemed received upon the earlier of (a) posting on the Site, or (b) the expiration of forty-eight (48) hours after being sent by postal mail, or (c) twelve (12) hours after sending (if sent by e-mail).

 To notify us under this Agreement, you should contact the Company by e-mail at a:blockfactoring@gmail.com.

1.15 Divisibility

If any provision of this Agreement is determined to be invalid, void, voidable, unenforceable, unenforceable, or unenforceable under any rule, law, or regulation of any entity or judge, such provision shall be changed and construed to accomplish the objectives of the provision to the maximum extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected. If such construction is not possible, the invalid, void, unenforceable, unenforceable, or unenforceable portion shall be severed from this Agreement, but the remainder of this Agreement shall remain in full force and effect.

1.16 Survival

The following provisions of this Agreement shall survive termination of your use of or access to the Site and cessation of use of the Services: the sections relating to Indemnification, Disclaimer of Warranties, Limitation of Liability, Disclaimer, Applicable Law, Dispute Resolution, and General Provisions, and any other provisions that by their terms survive termination of your use of or access to the Site and/or cessation of use of the Services.

FIRST: LEGAL CAPACITY

The services and services offered on this page are only available to persons who have the legal capacity to contract. Persons who do not have such capacity or minors may not purchase such services or contract our services. The acts that they perform on this site will be the responsibility of their parents, guardians, caregivers, or curators, and therefore will be considered performed by them in the exercise of legal representation with which they have. Whoever registers a User as a company must have the capacity to contract on behalf of such entity and to bind it under the terms of this Agreement.

SECOND: LIMITED LICENSE: You as a user may access and view the content of the Website from your computer or any other device and, unless otherwise stated in these Terms and Conditions or on the Website, make individual copies or printouts of the content of the Website for your personal, internal use only. Your use of the Website and the services offered on or through the Website are for your personal, non-commercial use only.

THIRD: REGISTRATION AND USE OF THE SITE It is mandatory to complete the registration form in all fields with valid data to become an Authorized User of the application, access promotions, and for the acquisition of services and/or services offered on this site. The future use of the application must complete the registration form with his/her personal information in an accurate, precise, and true manner and assumes the commitment to update the Personal Data as necessary.

BLOCK FACTORING S.A.S. may use various means to identify its Members but is not responsible for the accuracy of the Personal Data provided by its Users. Users guarantee and are responsible, in any case, for the accuracy, veracity, validity, and authenticity of the Personal Data entered. Each member may only hold 1 (one) account on the website and/or application, not being able to access more than 1 (one) account BLOCK FACTORING S.A.S with different email addresses or falsifying, modifying, and/or altering their personal data in any way possible. If a fraudulent and/or malicious and/or contrary to these Terms and Conditions and/or contrary to good faith use is verified or suspected, BLOCK FACTORING S.A.S. shall have the unappealable right to terminate the credits, terminate the accounts, and even prosecute the offenders.

FOURTH: PROHIBITED USE. Any distribution, publication or commercial or promotional exploitation of the Web Site, or any of the content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission of the authorized personnel or other applicable rights holder. Except as expressly permitted herein, you may not download, report, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any of the content, code, data or materials on or available through the Web Site. You further agree not to alter, edit, delete, remove, or otherwise change the meaning or appearance of, or change the purpose of, any of the content, code, data, or materials on or available through the Website, including, without limitation, the alteration or removal of any trademark, registered trademark, logo, service mark or any other proprietary content or proprietary rights notice. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make any other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, other than as provided above, you may violate copyright laws, as well as applicable state laws, and may be subject to legal liability for such unauthorized use.

The rights inherent to the services hosted in our platform correspond in their entirety to THE CONTRACTOR without limitations of time and territory, since they have been prepared on behalf of THE CONTRACTOR without prejudice to the moral rights that may apply, especially those defined in paragraphs a. and b. of Article 30 of Law 23 of 1982 or those recognized by the regulations in force on the matter.  Consequently, THE CONTRACTOR accepts and understands that THE CONTRACTOR acquires the right of reproduction in all its forms, as well as the rights of transformation, adaptation, communication, distribution, and in general, any type of exploitation that may be made of the work by any known means, including electronic publications. THE CONTRACTOR by means of the contract that regulates its relationship with the beneficiaries shall establish the terms under which they make use of the works generated in execution of the contract. Among them are business plans, marketing strategies, production or administration methodologies, etc.

 

PARAGRAPH II: The property rights of which THE CONTRACTOR makes use for the performance of the contract shall be subject to the conditions previously agreed upon between THE CONTRACTOR and the respective owners of the property rights; in any case THE CONTRACTOR shall previously consult THE CONTRACTOR about such conditions, for their respective approval.

PARAGRAPH III: THE CONTRACTOR shall obtain (in case they are generated) the assignment of the copyrights of the production works supplied by third parties in the performance of this contract and expressly assign in writing in favor of THE CONTRACTOR.