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TERMS AND CONDITIONS OF THE VIVEFY PORTAL

The portal www.vivefy.co (hereinafter referred to as "The Portal") is a platform dedicated to conducting market studies for real estate projects in Colombia and Latin America. Users, by registering their data, can be part of the Vivefy experience and have the opportunity to access firsthand information about future real estate projects (hereinafter "Users").

SCOPE OF APPLICATION The Terms and Conditions of the Portal will apply to all Users who access or use the Portal to register their data and obtain the described benefits.

CAPACITY TO USE THE PORTAL To use the services provided on the Portal, Users must have full legal capacity to contract, in accordance with the civil and commercial laws of the Republic of Colombia, and in general, of their country of origin.

ACCEPTANCE OF TERMS AND CONDITIONS AND PERSONAL DATA PROCESSING POLICIES The User's access and use of the Portal and the service will be strictly governed by both the Terms and Conditions established here and the Personal Data Processing Policy of the Portal and other Policies, which are understood to be socialized and accepted by the natural and/or legal person once they acquire the status of a User. In this sense, by accepting and acknowledging the terms established here, it is understood that the User fully accepts all the conditions and policies of the Portal.

PARTICIPATION PROCESS IN THE MARKET STUDY To be part of the real estate market study offered by the Portal and have the opportunity to receive information and advice on our latest real estate projects, the User must click on the "contact" option and fill in the personal data in the options provided by the Portal:

  • Names

  • Surnames

  • Email

  • Message with a specific request for the real estate project (optional)

  • Acceptance of Terms and Conditions and acceptance of the Personal Data Processing Policy

Once the data is filled out, and the terms and policies of the Portal are accepted, the User authorizes the processing of their information as described in our Personal Data Processing Policy. This is done to be contacted and receive information about our latest real estate projects. It is emphasized that the sole responsibility for the identification data entered to access and contract the services offered on the Portal lies with the User. Also, the Portal is not responsible for the access by third parties, authorized or not by the User.

TRANSFER OF RISK AND OWNERSHIP The real estate market studies elaborated on this Portal are indicative and statistical studies and will not represent any type of responsibility for the Portal, especially concerning the execution and/or any activity carried out by third parties.

RESPONSIBILITY AND DISCLAIMER OF LIABILITY The Portal disclaims any responsibility regarding any market study elaborated by the Portal. However, and unless there is a legal provision to the contrary, in specific terms, no responsibility will be accepted for the following losses, regardless of their origin:

  • Loss of income or sales

  • Business loss

  • Loss of profit or loss of contracts

  • Loss of anticipated savings

  • Loss of data

  • Loss of management time or office hours

  • Improper execution of real estate projects by Users

  • Any type of responsibility generated to Users derived from the execution and/or development of their businesses

USER TERMS OF USE Once the User accesses the Portal and has accepted its terms and conditions, the User guarantees not to engage in the following behaviors, under penalty of being subject to legal and punitive actions as appropriate:

  • Not use the Portal as a means to carry out activities contrary to the law or that are detrimental to the rights of a third party.

  • Publish, distribute, store, or reproduce harmful, abusive, defamatory, privacy-violating, intellectual property or author's rights-violating content, and, in general, content that may engage in conduct contrary to legal regulations and harm not only the Portal but also third parties.

  • Promote, participate, or carry out actions that involve the use or reproduction of viruses or any harmful element that may affect, transform, alter, disable, or violate any software, hardware, or electronic equipment, computer network, or computer.

  • Allow, alter, or damage unauthorized access to the Portal's Service, networks, accounts, or databases of the Portal and its owner.

  • Use technology or any other automated system, such as scripts or robots, to obtain usernames, passwords, email addresses, or other data from the Portal and third parties or to evade or modify any security technology or software that is part of the Portal, its Service, or the Portal itself.

  • Send or cause to be sent (directly or indirectly) unsolicited mass messages or other unsolicited mass communications of any type or content through the Portal.

  • Request, collect, or require any personal information for commercial or illegal purposes.

  • Use the Portal to advertise or promote competing services.

  • Use the Portal and the Service in a manner incompatible with any applicable law.

  • Attempt, facilitate, or encourage other individuals to perform any of the above actions.

  • Impersonate the identity of public or private entities or institutions, or third parties on the Portal.

  • Access the Portal without being of legal age in Colombia. In the event that a minor wishes to access the Portal, it is recommended to do so in the company of their parents or the legal guardian, with an inscription in the name of the adult.

INHERENT RIGHTS TO THE PORTAL OWNER The User acknowledges the following rights to the owner of the Portal:

  • The right of the Portal owner to modify, update, or delete content from the Terms and Conditions and the policies of the Portal at any time and for any reason deemed necessary.

  • Remove or modify content within the Portal that, in the judgment of the owner, is convenient.

  • The right to modify, update, or delete content from the services of the Portal, payment methods, and prices, without prejudice to the rights of consumers.

  • The possibility of requesting that the User accept the modifications, changes, or updates of the three (03) points above.

  • The possibility of using the personal information provided by Users in accordance with the Personal Data Processing Policies.

PRIVACY AND PERSONAL DATA PROCESSING POLICY In compliance with national laws, the User acknowledges that all entry of personal data and acceptance for the registration of the Portal service, such as names, surnames, email, among others, is done voluntarily and in accordance with the established Terms and Conditions, as well as the Data Protection Policies. In this regard, such information will be part of the database that will be stored and managed by the Portal. For this purpose, the Portal has developed policies and procedures to set standards, in accordance with national legislation, in which the processing of personal data will take place, which can be consulted at the bottom of our portal, under the link "Personal Data Processing Policy," as well as at the time of subscription, where the user must read and accept both policies and give the respective authorization for the Processing of Personal Data in order to access the Portal. To consult the Personal Data Processing Policy of the Portal, enter the following link: https://www.vivefy.co/pol%C3%ADtica-tratamiento-de-datos

PROCESSING AND PURPOSE OF THE DELIVERED PERSONAL DATA With the acceptance of the Terms and Conditions and the Personal Data Processing Policy, the User accepts:

  • The storage of the provided data, recording of incoming and outgoing calls, outgoing and incoming emails of the owner and the Portal.

  • Contact Users for commercial, advertising purposes, and all activities aimed at fulfilling the Object of the VIVEFY Portal.

  • The use by the Portal of the provided data, in order to fulfill the purposes of sending and disseminating advertising information related to the Portal.

  • Conduct market studies and create profiles of Users to determine the object and scope of the Users, to adapt them to the needs and real estate projects for the market studies to be carried out.

  • Transfer the personal data and information provided to the Portal by the Owner to third parties, suppliers, contractors, and business partners of the Portal, in order to effectively carry out the requirements of the Users.

  • Comply with the information requirements and SAGRILAFT policies established by national and international authorities.

  • Other activities that seek to fulfill the Object of the Portal, related to the real estate market studies to be carried out.

  • Adapt the Portal when necessary to the tastes and needs of Users. The above, in accordance with surveys, commercial and advertising studies.

  • Inform about changes, updates, or modifications to our Service Content, rates, changes in our Terms and Conditions, technical support, events, promotions, among many other purposes focused on the interest and benefit of the subscriber.

  • Promote products, events, contents, whether own or third-party, to enrich the Content of the Portal web Service and inform about new real estate projects in Colombia and other countries in Latin America to Users who have provided their data.

  • Prevent and detect possible illegal conduct.

  • Ensure the security and integrity of the web Portal. In any case, in accordance with current regulations and the Personal Data Processing Policy, the Information Holder may rectify, withdraw, and/or request any changes to the information stored by the Portal and/or request not to receive advertising information.

DELIVERY OF PERSONAL DATA TO THIRD PARTIES The User accepts that the information processed by this Portal may be delivered and/or transferred to companies outside of Colombia, which may imply an international transfer of personal data. Notwithstanding the foregoing, the Portal will not be responsible for any improper or inappropriate use of personal information delivered to third parties when these third parties directly receive and/or request or process the personal information of the Holders as responsible for the processing.

INDUSTRIAL AND INTELLECTUAL PROPERTY The User acknowledges and consents that the copyright, rights to registered trademarks, and other industrial and intellectual property rights over the materials or contents contributed as part of the website belong to the Portal or those who have granted the license for their use. The User may use such material only in the manner authorized by the Portal or by those who granted a license for its use. This will not prevent the User from using this website to the extent necessary to copy information about their order or contact details.

VIRUSES, PIRACY, AND OTHER CYBER ATTACKS The User must not misuse the Portal by intentionally introducing viruses, trojans, worms, logic bombs, or any other program or material that is technologically harmful or damaging. The User will not attempt to gain unauthorized access to this website, the server on which this page is hosted, or any server, computer, or database related to our website. The User agrees not to attack this website through a denial-of-service attack or a distributed denial-of-service attack. The breach of this clause could imply the commission of crimes typified by the applicable regulations. The Portal will inform the competent authorities of any breach of said regulations and will cooperate with them to discover the identity of the attacker. Likewise, in the event of a breach of this clause, the User will immediately cease to be authorized to use this website. The Portal will not be responsible for any damage or loss resulting from a denial-of-service attack, virus, or any other technologically harmful or damaging program or material that may affect the User's computer, computer equipment, data, or materials as a result of using this website or downloading content from it or to which it redirects.

LINKS FROM THE PORTAL In the event that the Portal contains links to other websites and materials from third parties, such links are provided solely for informational purposes, without the Portal having any control over the content of such websites or materials. Therefore, the Portal accepts no responsibility for any damage or loss arising from their use.

WRITTEN COMMUNICATIONS Applicable regulations require that part of the information or communications that the Portal sends will be in writing. By using this website, the User agrees that most of these communications with the Portal will be electronic. The Portal will contact the User by email or provide information by posting notices on this website. For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that the Portal sends to them electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

RIGHT TO MODIFY TERMS AND CONDITIONS

The Portal reserves the right to modify the Terms and Conditions at any time. The effects of any modification made by the Portal will take place from the publication of the same. If the User does not agree with the introduced modifications, it is recommended not to use the Portal.

APPLICABLE LEGISLATION AND JURISDICTION The use of the Portal and the contracts for the purchase of products through said website will be governed by Colombian law. Any dispute that arises or is related to the use of the website or such contracts will be subject to the exclusive jurisdiction of the courts and tribunals of the Republic of Colombia. If the User is contracting as a consumer, nothing in this clause will affect the rights recognized by law to the User.

COMMENTS, SUGGESTIONS, COMPLAINTS, AND CLAIMS Comments and suggestions will be well-received. Comments, suggestions, as well as any queries, complaints, or claims, can be sent via email to: vivefy1@gmail.com or by phone at 316666666. Complaints and claims to the customer service will be addressed within a period of 20 business days and, in any case, within the legally established period. Likewise, they will be recorded with an identification code that will be made known to the User and will allow them to follow up on them.

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