TERMS AND CONDITIONS FOR USERS OF Cartagena Expeditions SAS

These Terms and Conditions constitute a legally binding contract binding between you (hereinafter THE USER) and Cartagena Expeditions S.A.S., simplified joint stock company duly constituted in accordance with the laws of the Republic of Colombia (hereinafter Cartagena Expeditions S.A.S), where regulates the legal and commercial relationship between THE USER (of applications or any Cartagena Expeditions S.A.S Platform including any subdomain of the same, as well as of any other website through the which Cartagena Expeditions S.A.S makes its services available to third parties) and Cartagena Expeditions S.A.S. Therefore, we invite you to carefully read these Terms and Conditions, since they contain obligations, rights and resources, that when using the boats, services or experiences nautical through the applications, web pages, platforms and/or digital tools owned or managed by Cartagena Expeditions S.A.S, you agree to comply and accept. These “Terms and conditions of use” will be effective as of October 21, 2020.

CONSIDERATIONS.

  1. Cartagena Expeditions S.A.S is a venture that seeks to create and innovate in the sector provision of aquatic and maritime services and experiences offering: suppliers a connection with potential customers and users, as well as all the necessary tools to remain in the market offering quality services, and THE USER diversity of services and nautical experiences, including different ways to explore the water and the sea;
  2. Within the framework of what is established in the definitions clause, the application, website, and services provided by any means by Cartagena Expeditions S.A.S to THE USER (hereinafter the Cartagena Expeditions S.A.S), are available to THE USER so that they can access benefits and offers in the boat rental market, provision of aquatic services and experiences;
  3. The Cartagena Expeditions S.A.S Platform is an online marketplace that allows EL USER make boat reservations, and use services and/or nautical experiences, therefore, this is a contract of brokerage, mandate without representation, and collection, through which Cartagena Expeditions S.A.S, a company with special knowledge of the market, works as an intermediary facilitator of the relations between THE USER and the suppliers and Owners of boats of the Cartagena Expeditions S.A.S


In consideration of the foregoing, THE USER when using and linking to the Cartagena Expeditions S.A.S platform in order to acquire, rent boats, services or nautical experiences undertakes to comply with and accept the following

CLAUSES

TITLE I

GENERALITIES OF THE SERVICE

FIRST. Definitions. For the purposes of these “Terms and conditions of use”, the expressions that follow mentioned, will have the following meaning:
  1. Application. Refers to the application(s) for cell phone, tablet and other smart devices, as well as application program interfaces.
  2. Content of THE USER. Refers to: text, information, data, photographs, graphics, images, illustrations, drawings, designs, HTML code, source code and object code, trademarks, logos, slogans, distinctive signs, information and description of products and services, audiovisual material, and any other information created, uploaded, published, sent, received and stored by THE USER.
  3. Content of Cartagena Expeditions S.A.S. Refers to: text, information, data, photographs, graphics, images, illustrations, drawings, designs, HTML code, source code and object code, trademarks, logos, slogans, distinctive signs, information and description of products, audiovisual material, and any other information available through the Cartagena Expeditions S.A.S that are owned by the operator in accordance with the provisions of TITLE II of the these Terms and Conditions;
  4. User registration form. Refers to the form designed by Cartagena Expeditions S.A.S for the voluntary supply of data of THE USER, for registration purposes in theCartagena Expeditions S.A.S Platform to be able to rent boats, and/or acquire other services and nautical experiences.
  5. Application. Refers to the application(s) for cell phone, tablet and other smart devices, as well as application program interfaces.
  6. Content of THE USER. Refers to: text, information, data, photographs, graphics, images, illustrations, drawings, designs, HTML code, source code and object code, trademarks, logos, slogans, distinctive signs, information and description of products and services, audiovisual material, and any other information created, uploaded, published, sent, received and stored by THE USER or Cartagena Expeditions S.A.S
  7. Content of Cartagena Expeditions S.A.S. Refers to: text, information, data, photographs, graphics, images, illustrations, drawings, designs, HTML code, source code and object code, trademarks, logos, slogans, distinctive signs, information and description of products, audiovisual material, and any other information available through the Cartagena Expeditions S.A.S Platform that are owned by the operator in accordance with the provisions of TITLE II of the these Terms and Conditions;
  8. User registration form. Refers to the form designed by Cartagena Expeditions S.A.S for the voluntary supply of data of THE USER, for registration purposes in the Cartagena Expeditions S.A.S Platform to be able to rent boats, and/or acquire other services and nautical experiences.

SECOND. Purpose. These terms and conditions regulate the legal relationship between THE USER, the Suppliers and Owners of Nautical Vessels and Cartagena Expeditions S.A.S, in relation to the provision of the services offered by Cartagena Expeditions S.A.S and the providers. In order that THE USER can specify a contractual link directly with the suppliers, a link in which Cartagena Expeditions S.A.S does not have no participation. Likewise, and once the 3 direct contractual link between THE USER and the provider, Cartagena Expeditions S.A.S is expressly authorized by THE USER to collect (using of any means or payment platform through the Cartagena Expeditions S.A.S) the money corresponding to the payment of the value of said or said reserves, to make the corresponding payment of said sums to the suppliers, after the provision and verification of the service, within the framework of what is established in the Terms and Conditions for Providers. These Terms and Conditions seek to regulate the use suitable for boats and the practice of water sports; What the possible risks and care that THE USER must have before and during the travel experience.

THIRD. Use of Platforms and Services ForUsers. Cartagena Expeditions S.A.S grants THE USER a limited license, revocable, non-exclusive, non-transferable, for him to perform, download, use, access, view for free the application(s) for cell phones, tablets and other smart devices, Website, digital tools, and any content made available disposition in or through them.

FOURTH. Validity. The agreement signed between THE USER and Cartagena Expeditions S.A.S will be valid for thirty (30) days, after the which will be renewed automatically and continuously for successive terms thirty (30) days until the moment in which THE USER or Cartagena Expeditions S.A.S terminate the contract in accordance with this provision.

FIFTH. Registration process of THE USER. For use the services and platforms provided by or owned of Cartagena Expeditions S.A.S, you must be at least 18 years old or be a company, organization or other entity legally organized and in force that comply with the laws of the country in which it is established in order to sign contracts. In order to proceed with the registration as of USER before the Cartagena Expeditions S.A.S, it will be necessary to complete the process which is described below: 1. Supply of information. This stage of the process is carried out through the completion by THE USER of the “User registration form”, which requires the provision of personal data (such as name, identification number, telephone, email, among others) so that with this they can make and carry out the reservation(s) of boats, services and nautical experiences through the Cartagena Expeditions S.A.S. 2. Linking of THE USER. Once the “User registration form”, these must be accepted Terms and conditions either by checking the corresponding box provided by the Cartagena Expeditions S.A.S for this purpose, or through the physical subscription of this document by THE USER. Automatically Cartagena Expeditions S.A.S will send a verification email and account authentication, which will be necessary to approve the linking THE USER to the Cartagena Expeditions S.A.S. 3. Confirmation of registration. Once you have completed the steps previously described THE USER will receive an email through which the Cartagena Expeditions S.A.S Platform will validate your registration and you will be able to enjoy all the services provided by Cartagena Expeditions S.A.S. All data supplied by THE USER will be treated under the Policy of Privacy and data processing of Cartagena Expeditions S.A.S.

FIFTH. Registration process of THE USER. For use the services and platforms provided by or owned of Cartagena Expeditions S.A.S, you must be at least 18 years old or be a company, organization or other entity legally organized and in force that comply with the laws of the country in which it is established in order to sign contracts. In order to proceed with the registration as of USER before the Cartagena Expeditions S.A.S, it will be necessary to complete the process which is described below: 1. Supply of information. This stage of the process is carried out through the completion by THE USER of the “User registration form”, which requires the provision of personal data (such as name, identification number, telephone, email, among others) so that with this they can make and carry out the reservation(s) of boats, services and nautical experiences through the Cartagena Expeditions S.A.S. 2. Linking of THE USER. Once the “User registration form”, these must be accepted Terms and conditions either by checking the corresponding box provided by the Cartagena Expeditions S.A.S for this purpose, or through the physical subscription of this document by THE USER. Automatically Cartagena Expeditions S.A.S will send a verification email and account authentication, which will be necessary to approve the linking THE USER to the Cartagena Expeditions S.A.S Platform. 3. Confirmation of registration. Once you have completed the steps previously described THE USER will receive an email through which the Cartagena Expeditions S.A.S Platform will validate your registration and you will be able to enjoy all the services provided by Cartagena Expeditions S.A.S. All data supplied by THE USER will be treated under the Policy of Privacy and data processing of Cartagena Expeditions S.A.S.

FIRST PARAGRAPH. If you register an Account in the Cartagena Expeditions S.A.S platforms for a company, organization, or other person legal entity, you must declare and guarantee that you have the power to legally bind said entity and grant us all the permissions and licenses set forth in these Terms.

SECOND PARAGRAPH. In order to maintain the transparency in all operations carried out through the Cartagena Expeditions S.A.S platform and to prevent fraud, Cartagena Expeditions S.A.S may: (i) Request THE USER to provide personal data, and submit said information to additional checks designed to verify the identity or background of THE USER, for which the latter authorizes expressly to Cartagena Expeditions S.A.S with the acceptance and/or subscription of the these Terms and Conditions; (ii) Compare the information provided by THE USER, with third-party databases and other sources, in order to obtain reports from public records or from judicial record of THE USER.

SIXTH. Access to the Cartagena Expeditions S.A.S Platform. Cartagena Expeditions S.A.S may subject the access and use of the Cartagena Expeditions S.A.S Platform, or certain areas or functions of the same, to certain conditions or requirements to THE USER. The access and use of certain areas and functions of the Cartagena Expeditions S.A.S Platform may be subject to policies, regulations or independent guidelines, or they may need THE USER to accept additional terms and conditions before you can access the areas or relevant characteristics of the Cartagena Expeditions S.A.S. If there is any conflict between these Terms and Conditions, and the terms and conditions applicable to a specific area or function of the Platform Cartagena Expeditions S.A.S, the latest terms and conditions will prevail with respect to your access or use of that area or function, unless otherwise indicated contrary in the latest terms and conditions.

TITLE II

REGIME APPLICABLE TO USER CONTENT

SEVENTH. Policy of acceptable use of the Content of THE USER. Within the framework of the Content Acceptable Use Policy, THE USER agrees to refrain from publishing on the Cartagena Expeditions S.A.S the following content: 1. Content created exclusively with advertising purposes or other commercial content, including company names, logos or links; 2. Spam, not messages requested or content shared insistently and in a way upset; 3. Content that is discriminatory, or that endorses or promotes harmful or illegal activities, or that is offensive, obscene, threatening or of a similar nature 4. Attempts to impersonate another person, account or entity, including impersonating a representative of Cartagena Expeditions S.A.S; 5. Content that is illegal or infringes the rights of another person or entity, including intellectual property and privacy rights; 6. Content that provides specific information or results of a Cartagena Expeditions S.A.S research; 7. Sufficient content to identify the location of a vessel or other content that poses a risk to the personal safety of a member of the Cartagena Expeditions S.A.S community; 8. Ad titles that do not serve the purpose of offering information relevant to accommodation type, style or experience; 9. Pages advertisement or profile information that provides fraudulent, false or misleading; 10. Unrelated content, which does not ask a question or offer an answer to a question as part of the general discussion, as well such as bullying or harassment directed at any member of the community.
EIGHTH. Statements regarding EL Content USERNAME. With the acceptance of these Terms and Conditions, THE USER declares that he is solely responsible for all Content of THE USER who makes available on or through the Cartagena Expeditions S.A.S. Consequently, THE USER declares and guarantees that: 1. It is the sole and exclusive owner of all Content of THE USER that puts available on or through the Cartagena Expeditions S.A.S Platform or that has all the rights, licenses, consents and disclaimers necessary to grant Cartagena Expeditions S.A.S the rights in and over said Content of THE USER, as contemplated in these Terms and Terms; 2. Neither the Content of THE USER nor its publication, upload, dissemination, sending or transmission, nor the use by Cartagena Expeditions S.A.S of the Content of THE USER (or any part thereof) as contemplated in these terms will violate, will imply a misappropriation or infringe any third party’s patent rights, copyrights, the trademark, trade secret, moral rights or other private or intellectual property rights of a third party, nor the rights of privacy or protection of the personality of third parties, nor will it result in a breach of any law or regulation applicable; 3. You will not post, upload, broadcast, send or transmit any Content of THE USER that: (i) is fraudulent, false, misleading (directly or by omission or not update of the information) or misleading; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) encourages discrimination, intolerance, racism, hatred, harassment or harm against any person or group; (iv) is violent or threatening or encourages violence or actions that are threatening to any other person or animal; (v) encourages illicit activities or substances or harmful; or (vi) violates the Acceptable Use Policy of the Content of THE USER.
NINTH. Intellectual property. The property of Cartagena Expeditions S.A.S on the Cartagena Expeditions S.A.S Platform, the Cartagena Expeditions S.A.S Content, and the services that Cartagena Expeditions S.A.S provides through said platform, are protected by intellectual property rights that are applicable according to their nature, and are owned exclusive to Cartagena Expeditions S.A.S, its affiliated companies, linked or subsidiaries, and in some cases, third parties who have authorized their use or exploitation. By visiting, using or browsing the Cartagena Expeditions S.A.S Platform, THE USER undertakes to respect and not infringe the property rights intellectual property on the Content of Cartagena Expeditions S.A.S, nor to reproduce or make use without the prior written authorization of Cartagena Expeditions S.A.S, who reserves all rights not expressly granted to THE USER to through these Terms and Conditions. one. Trademarks. Cartagena Expeditions S.A.S and any other proprietary marks of Cartagena Expeditions S.A.S that identifies any of the products in the Cartagena Expeditions S.A.S platform, are trademarks registered by it or by any of its affiliated or subsidiary companies, and therefore, its use is prohibited. reproduction, use or exploitation, without the prior, express and in writing by Cartagena Expeditions S.A.S. This prohibition extends to commercial slogans and other distinctive signs that identify each one of Cartagena Expeditions S.A.Sproducts or services. All trademarks, service marks, logos, trade names, and any other elements Cartagena Expeditions S.A.S font identifier used in, or in connection with, the Cartagena Expeditions S.A.S Platform and the Cartagena Expeditions S.A.S Content constitute trademarks trademarks or registered trademarks of Cartagena Expeditions S.A.S The trademarks, service marks, logos, trade names and any other names owned by third parties, used in, or in connection with with, the Cartagena Expeditions S.A.S Platform, the Cartagena Expeditions S.A.SContent and/or the content of third parties, are used for identification purposes only and may be the property of their respective owners. two. Copyright. Cartagena Expeditions S.A.S reserves all rights copyright on the Content of Cartagena Expeditions S.A.S, texts, photographs, software, sounds, videos and material in general, exhibited in the Cartagena Expeditions S.A.S platform, which have the quality of protected works In accordance with Colombian copyright laws, the Decision 344 of the Andean Community Commission, and others international provisions applicable to the matter. It’s prohibited fully the marketing, transfer, distribution, reproduction, publication, transmission, copying, editing, translation, compilation, storage, public communication, making available, performance, creation of derivative works, adaptation, exhibition, reverse engineering processes, or any other act of exploitation that rest totally or partially on the content, software or works in general made available to THE USER, without the mediation prior, express and written consent of Cartagena Expeditions S.A.S. 3. Contributions. The ideas and concepts expressed in through the opinions, suggestions or comments that THE USER sends spontaneously or without prior request, may be taken into account by Cartagena Expeditions S.A.S if it deems it convenient, for the development or improvement of its products, the structuring of strategies, marketing plans and advertising campaigns, under the understanding of that the use will be limited to the implementation of the ideas or concepts, and not the way the contributions were expressed by THE USER. Consequently, THE USER will not have the right to receive any payment for the legitimate use that Cartagena Expeditions S.A.S makes of the information provided under the conditions described above.
PARAGRAPH. In the event that THE USER breaches or proven to violate the intellectual property of Cartagena Expeditions S.A.S or of a third party by rebroadcasting or posting linked material with Cartagena Expeditions S.A.S that infringes copyrights or other rights legal rights of said third party, Cartagena Expeditions S.A.S may deny the access of THE USER to the application and terminate the provision of services through Of the same.
TENTH. Licensing. Cartagena Expeditions S.A.S grants THE USER a limited, non-exclusive, non-sublicensable, revocable, and non-sublicensable license transferable to (i) download and use the Cartagena Expeditions S.A.S Platform on your personal device(s) and (ii) access and view the Content of Cartagena Expeditions S.A.S and the content of third parties made available on, or to through, the Cartagena Expeditions S.A.SPlatform. For its part, THE USER, when creating, upload, post, send, receive, store or otherwise post way to make available any Content of THE USER in or through the Cartagena Expeditions S.A.S Platform, you grant Cartagena Expeditions S.A.S a license not exclusive, international, royalty-free, irrevocable, perpetual (or in force during the use of the Cartagena Expeditions S.A.SPlatform), sub-licensable and transferable on said Content of THE USER to access, use, store, copy, modify, prepare derivative works, distribute, publish, transmit, stream, broadcast and otherwise exploit any other way and manner said Content of THE USER to provide and/or promote the Cartagena Expeditions S.A.S Platform in any support or platform. To the extent that the Content of THE USER (including Verified Images) includes personal information, such Content of THE USER will only be used for these purposes if said use if you comply with applicable data protection laws in accordance with the Privacy Policy of Cartagena Expeditions S.A.S. Unless THE USER grants specific consent, Cartagena Expeditions S.A.S does not claim any right of property in Content of THE USER any and nothing of the content in these Terms and Conditions shall be deemed to restrict any right that may assist THE USER for the use or exploitation of its own content. It is noted that Cartagena Expeditions S.A.S does not will grant THE USER no license or right, in any way express or implied, by virtue of any proprietary right intellectual property owned or controlled by Cartagena Expeditions S.A.S or its licensors, with the exception of the licenses and rights that are expressly granted in these terms and conditions.

ELEVENTH. Special prohibitions for THE USER regarding intellectual property. THE USER within the framework of the rights derived from the regime of intellectual property, undertakes NOT to carry out the conduct described below: 1. Remove, alter, obscure any markings or copyright, trademark, or service mark sign or other proprietary rights notices contained in or accompanying the Cartagena Expeditions S.A.S Platform, the Cartagena Expeditions S.A.S Content or the Content of Providers. 2. Use, copy, adapt, modify, prepare works derivatives, distribute, license, sell, transfer, display publicly, publicly perform, transmit, broadcast or exploit in any other way the Cartagena Expeditions S.A.S Platform or the content of third parties, except to the extent that THE USER is the owner legal of certain Content of THE USER or in accordance with what is expressly permitted in these Terms and Conditions; 3. Use the Cartagena Expeditions S.A.S Platform or the content of third parties in any way that entail a risk of damage, disablement of the application or the content or third parties; 4. Suppress, circumvent or manipulate the right of author and other data identifying the copyright incorporated into the Cartagena Expeditions S.A.S Content and the content of third parties, as well such as technical protection devices, or any mechanisms of information that they may have; 5. Use the Platform Cartagena Expeditions S.A.S or the content of third parties and, in particular, the information of any class obtained through the Cartagena Expeditions S.A.S Platform to distribute, transmit, forward, modify, report the advertising or Content of Cartagena Expeditions S.A.S or third parties for the purpose of direct sale or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as market or disclose in any way said information.

TITLE III.

REGIME APPLICABLE TO RESERVATIONS AND LEGAL LINK BETWEEN THE USER AND THE PROVIDER.

TWELFTH. Acceptance of the reservation. Once THE USER has made the payment of a rental reservation of a Ship or the provision of a service with a supplier, will be entering into a legally binding contract with the latter, which obliges it to provide its service(s) as described in its offer once the reservation request is completed.
THIRTEENTH. Responsibility of THE SUPPLIER regarding the provision of services. The provider in its capacity as provider of car rental services boats, and/or other services and nautical experiences, declares in connection with the responsibilities that he assumes by virtue of these Terms and Conditions for Providers, in its capacity as provider of services to THE USER the following: 1. The provider will be the only responsible before THE USER and before Cartagena Expeditions S.A.S for the fulfillment and correct provision of the services included in the offer published to through the Cartagena Expeditions S.A.S Platform, regardless of whether such services are not were provided personally by the provider but by staff delegate for that purpose; 2. The supplier will be solely responsible to THE USER for its own acts and omissions, including, without limitation, a behavior that causes damage or harm to THE USER, his personal of him, or to any third party; 3. Both the provider and its staff assigned to the provision of services, are responsible in a jointly and must respond individually to claims of third parties, including claims of THE USER, arising from the acts and omissions of the other person in connection with the performance of boat rental services and/or other services and nautical experiences; 4. The provider will respond to THE USER and to Cartagena Expeditions S.A.S for the existence, quality, safety, suitability or legality of any of the offers of boats, services and/or nautical experiences, carried out through the Cartagena Expeditions S.A.S Platform, and for the veracity or accuracy of the descriptions of the offers of boats, services and/or nautical experiences, carried out through of the Cartagena Expeditions S.A.S Platform, nor of the evaluations, comments that are have made on the fulfillment of said offers; 5. Relapse into supplier’s responsibility for all risks related to damage or loss of loss of equipment (including supplies, vehicles, localities) and other materials necessary to provide the services of boat rental and/or other services and nautical experiences.
FOURTEENTH. Modifications to the reservation. THE USER and suppliers are responsible for any modifications they make to a reservation through the Cartagena Expeditions S.A.S Platform or that they order to make to Cartagena Expeditions S.A.S customer service, and agree to pay whatever fees for offer, USER fees or additional provider fees and taxes are related to such reservation modifications.

FIFTEENTH. Reservation cancellation modalities. Cartagena Expeditions S.A.S makes available to THE USER the following modes of cancellation of reservations, which will be reflected in the announcements or offers of Boats and Services of the Platforms of Cartagena Expeditions S.A.S, so that THE USER takes advantage of the one that best suits to her needs at the time of carrying out the reserve and the use of the service: 1. Flexible. In the event that that THE USER has chosen an advertisement or offer with this modality. Yes Either party (the provider or THE USER) decides to cancel the reservation in a period of time of up to forty-eight (48) hours before from the beginning of the reservation, THE USER will obtain a full refund of the payment made by virtue of the acceptance or realization of the same. In the event in which THE USER decides to cancel the reservation during the forty-eight (48) hours prior to the start of the reservation, he will not obtain no refund. 2. Moderate. In the event that THE USER has chosen an advertisement or offer with this modality. Yes Either party (the provider or THE USER) decides to cancel the reservation within a period of time up to fifteen (15) days before the start of the reservation, THE USER will obtain a full refund of the payment made by virtue of the acceptance or completion of the reservation. in the event in that THE USER decides to cancel the reservation during the fifteen (15) days prior to the start of the reservation, you will not get any refund. 3. Strict. In the event that THE USER has chosen an advertisement or offer with this modality. If either party (the provider or THE USER) decides to cancel the reservation within a period of time up to thirty (30) days before the start of the reservation, THE USER You will get a full refund of the payment made under the acceptance or completion of the reservation. In the event that the user decide to cancel the reservation during the thirty (30) days prior to beginning of the reservation, you will not get any refund.

In this order of ideas, THE USER can cancel a confirmed reservation at any time, and may or may not be entitled to a refund, depending of the cancellation method chosen for your reservation by the provider. Unless there are causes of force majeure, Cartagena Expeditions S.A.S will send the Provider any portion of the fee due to you under the applicable cancellation method. The transaction costs of reimbursement correspond to ten percent (10%) of the value of the booking.

SIXTEENTH. Cancellation policies applicable to THE USER. In the event that THE USER cancels the reservation for reasons or unexpected circumstances or circumstances beyond your control outside of the cancellation terms described in the FIFTEENTH clause, Cartagena Expeditions S.A.S could exempt you from paying sanctions or fines, if it is any of the following duly proven circumstances: 1. Death of THE USER or a member of his immediate family. In this event you must provide any of the following documents: death certificate, news article mentioning the deceased person; two. Injury or serious illness of THE USER. In this event A general report from a physician must be provided confirming the injury or serious illness of the affected person. The report must carry a date after the day the reservation was made and you must come from a doctor attached to the health system to which THE USER is find affiliate; 3. Government obligations. These include functions such as voting jury duty, travel restrictions, court appearances and mobilization military. In this event, a copy of the notice must be provided. official with a date later than the day the reservation was made, in addition to the name of the person called to fulfill the obligation governmental; 4. Severe damage to the boat. In the event in which the boat to be rented suffers severe damage that the become insecure to receive THE USER or that prevent them from accessing to basic services (does not include scheduled renewals); 5. Road and airport closures or flight cancellations. Events that prevent THE USER from reaching the place of provision of the service. This includes closures caused by natural disasters such as earthquakes or severe storms. In this event you must provide a notification of road or airport closure, as well as airline documentation on flight cancellation; 6. Changes in the weather that prevent the provision of the service. In the event of an electrical storm, heavy rain, or strong winds, within a perimeter of 150 nautical miles around the place of provision of services, within the eight (8) hours prior to the date and time scheduled for the reservation, or in the event that the weather poses a security risk to EL USER, or prevent the provider from carrying out the reserved service, You can cancel it, for which you must provide evidence of the status of the weather at the time of cancellation.

PARAGRAPH. Under certain circumstances, Cartagena Expeditions S.A.S may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed reservation and initiate the corresponding reimbursement and payments. This may occur for reasons stated in the cancellation policy established in this clause or (i) when Cartagena Expeditions S.A.S estimates in good faith, and taking into account the legitimate interests of the parties, which is necessary to avoid damage important to Cartagena Expeditions S.A.S, other users or providers, third parties or material goods, or (ii) for any of the reasons provided in the these Terms and Conditions.

SEVENTEENTH. Evaluations and comments. With After the completion of a reservation, THE USER and the supplier may leave a public comment in relation to it, and make an assessment of each other. Evaluations and comments reflect the opinions of THE USER and the provider individually and not to the opinion of Cartagena Expeditions S.A.S. Cartagena Expeditions S.A.S does not verify the accuracy of the evaluations and comments that may become incorrect or misleading The evaluations and comments by THE USER and the supplier must be precise, in addition, they may not contain language offensive or insulting. Evaluations and comments are subject to all the provisions in relation to the contents established in these Terms and Conditions. It is expressly prohibited that THE USER manipulates the system of evaluations and comments in mode any, such as directing a third party to write a negative or positive comment about another supplier. The evaluations and comments are part of the public profile of THE USER and may also be reflected in other parts of the Cartagena Expeditions S.A.S Platform (such as an offer page), along with other pertinent information such as the number of reservations, the number of cancellations, the time of average response and other data. EIGHTEENTH. Damage to boats. THE USER who accepts or makes the reservation is the only liable to the supplier for leaving the vessel (including goods personal and other materials existing in it) in the same State it upon arrival. THE USER is responsible for their own actions and omissions and also of the acts and omissions of any persons invite or provide access to the vessel, with exception of the supplier (and the people that he invites to the boat in the event in which it applies).

NINETEENTH. Declarations of Cartagena Expeditions S.A.S regarding the provision of services by THE PROVIDER, and THE USER. As operator of the Cartagena Expeditions S.A.S Platform, Cartagena Expeditions S.A.S declares that: 1. You do not own, create, sell, resell, supply, control, manage, offers, delivers, or directly provides car rental services boats, services and/or nautical experiences, which is why the supplier is solely responsible for the goods and services that offer through the Cartagena Expeditions S.A.S Platform; 2. Cartagena Expeditions S.A.S is not and will not happen to be a party or participant in any contractual relationship between THE USER and the provider, nor does it constitute an insurance agent. Cartagena Expeditions S.A.S does not act as an agent in any capacity for THE USER nor for the supplier, except in relation to its functions as collector. Once THE USER makes or accepts a reservation, they create a direct contractual link with the supplier, in which Cartagena Expeditions S.A.S does not they have no type of participation; 3. You do not have control over, or guarantees the performance or conduct of the supplier or third party. Cartagena Expeditions S.A.S does not endorse any provider. Any reference to THE USER, only implies that this person, natural or legal, has completed the process of corresponding verification or identification, but it does not mean anything plus. This type of description does not imply an endorsement, certification, or a guarantee by Cartagena Expeditions S.A.S about THE USER, including their identity or background of her, or the fact that THE USER is reliable, safe or suitable. 4. Does not direct or control, nor shall it be deemed to direct or control, the activities carried out by the supplier within the framework of the provision of boat rental services, and other services and nautical experiences, since the supplier acts exclusively in his own name and interest, and not in that of Cartagena Expeditions S.A.S. 5. Due to the nature of the Internet, Cartagena Expeditions S.A.S cannot guarantee the continuous and uninterrupted availability and accessibility of the Cartagena Expeditions S.A.S platform. Cartagena Expeditions S.A.S may restrict the availability of the Cartagena Expeditions S.A.S Platform, or certain areas or functions thereof in the event that it is necessary, due to capacity limits, security or the integrity of its servers, or to carry out measures maintenance that ensure the correct or improved operation of the Cartagena Expeditions S.A.S Platform. 6. You can improve, reinforce and modify the Cartagena Expeditions S.A.S platform, as well as introducing new ones from time to time Cartagena Expeditions S.A.S services. 

TITLE IV.

COLLECTION AND PAYMENT SERVICES.

TWENTIETH. Collection service. In accordance with what is established in the THIRTEENTH clause of these Terms and Conditions, once the direct contractual link has been finalized between the provider and THE USER who made or accepted a reservation, Cartagena Expeditions S.A.S is expressly authorized by THE USER to collect (doing use of any means or method of payment through the NAUTY Platform 360) the money corresponding to the payment of the value of said reserves. In this order of ideas, Cartagena Expeditions S.A.S will make payments to suppliers, in the moment in which the provider performs the provision of the services as provided in the Terms and Conditions for Providers.

TWENTY-FIRST. Nature of payments collected by Cartagena Expeditions S.A.S. THE USER accepts that the payment made by him through the Cartagena Expeditions S.A.S platform will be considered as a payment made directly to the provider. This will provide the services acquired to THE USER as agreed, in the same way as if the provider had received the payment directly from THE USER. THE USER understands that the obligation of Cartagena Expeditions S.A.S is to transfer the payment made by this, and is subject and conditioned to the correct reception of said pay. Cartagena Expeditions S.A.S only guarantees payment to the supplier, for the amounts that NAUTY 36O has correctly received from THE USER. To the accept the designation as collector of THE USER, Cartagena Expeditions S.A.S does not assume no responsibility for the acts and omissions of the latter. TWENTY SECOND. Payment method. When you add or use a Method of Payment, Cartagena Expeditions S.A.S will ask you for certain billing information conventional, that THE USER must provide exact information, current and complete. The information requested for Payment Methods will depend on the Payment Method and will include: 1. Residence address, 2. Account number. 3. Account type, 4. Tracking number, 5. Number of account; 6. Identification number, 7. Mailing address electronic, 8. Currency of payment; 9. Account data associated with a specific payment processor.

TWENTY THIRD. Services of third-party providers of methods and payment platforms. The Cartagena Expeditions S.A.S Platform may contain links to websites or resources of third parties. Such third party services may be subject to different terms and conditions and different privacy practices. Cartagena Expeditions S.A.S is not responsible for the availability or accuracy of said third-party services, nor of the content, of the products or the services available from such third party services. Links to such third party services do not constitute an endorsement of the same by Cartagena Expeditions S.A.S. The payment methods could imply the use of third-party payment service providers. These service providers may charge additional commissions 11 when process payments in connection with Cartagena Expeditions S.A.S’s collection services (including charges deductible from the payment amount), and Cartagena Expeditions S.A.S is not responsible for any such commission and waives all obligation in this regard. The payment method chosen by THE USER may be subject to additional terms and conditions imposed by the corresponding third party payment service provider. We suggest examine the applicable terms and conditions before choosing your method of payment.

TWENTY FOURTH. Collection authorizations to Cartagena Expeditions S.A.S. THE USER authorizes Cartagena Expeditions S.A.S to charge: 1. Any amount that THE USER owes Cartagena Expeditions S.A.S (for example, derived from modifications of reservations, cancellations or other actions as a supplier), including reimbursement of costs paid in advance by Cartagena Expeditions S.A.S in your name, making the charge in any registered Payment Method by THE USER or withholding said amounts from their future Payments. Any amount charged by Cartagena Expeditions S.A.S will offset the amount that THE USER owes Cartagena Expeditions S.A.S; 2. Any tax or withholding tax of THE USER applicable to the payment of reservations to Cartagena Expeditions S.A.S; 3. Any service fee or cancellation fee as provided in the FIRST PARAGRAPH the EIGHTEENTH clause (by example, if you, as a user, cancel a confirmed reservation outside the allowed causes). Cartagena Expeditions S.A.S will have the right to recover of THE USER the amount of said reimbursement, including the retention of said value of any future payments that Cartagena Expeditions S.A.S may owe you; 4. Fees improperly paid to you as an EL USERNAME. In the event of a cancellation of a reservation confirmed by the provider that generates a refund in your favor, either that the cancellation is made directly by the supplier or because Cartagena Expeditions S.A.S decides that it is necessary to cancel said reservation, THE USER accepts that in the event that he has already been paid, Cartagena Expeditions S.A.S shall be entitled to recover the amount of said refund, even withholding said refunded amount from any future payments that are owe you; 5. Any charge generated in favor of Cartagena Expeditions S.A.S at the head of THE USER by way of delay or against charges associated with his method of pay; 6. Any reimbursement or sums payable to THE USER within the framework of the refund policy established by Cartagena Expeditions S.A.S for such end. Cartagena Expeditions S.A.S will process refunds immediately, however, the time to receive any refund will vary according to the method of payment system and any applicable payment system standards.
PARÁGRAFO. Tax regulations may require that Cartagena Expeditions S.A.S collects the proper tax information of THE USER, or that we withhold taxes from the collector payments for THE USER, or both things. If THE USER does not provide Cartagena Expeditions S.A.S with the required documentation under applicable law in order to satisfy our obligation (if the any) to withhold taxes from the payments made to it, Cartagena Expeditions S.A.S reserves the right to withhold payments and taxes until amounts required by law, until the dispute is resolved. question.

TWENTY FIFTH. Special prohibitions for THE USER regarding payment services. THE USER assumes all responsibility derived from compliance with the current legislation, regulations and standards, as well as the tax obligations that are applicable to your use of the collection services of Cartagena Expeditions S.A.S. In connection with your use of the collection services, THE USER may not perform the following actions and admits that it will not proceed to them nor will it help or allow that others may proceed: 1. Break or circumvent any law or regulation in force, contracts with third parties, rights of third parties or these Terms and Conditions; 2. Use fundraising services Cartagena Expeditions S.A.S for commercial or other purposes that are not authorized explicitly in these Terms and Conditions; 3. Avoid, circumvent, remove, disable, undermine, decrypt or circumvent any otherwise technological measures implemented by Cartagena Expeditions S.A.S or any from the providers of payment methods or platforms of Cartagena Expeditions S.A.S or other third party to protect the Payment Services; 4. Take any action that harms or adversely affects, or may harm or affect adversely, to the performance or proper functioning of the Cartagena Expeditions S.A.S collection services; 5. Try to figure out, decompile or disassemble software used to offer the services collection of Cartagena Expeditions S.A.S or apply reverse engineering techniques to this; or 6. Infringe or violate the rights of any other person or harm any other person in any other way; 7. Use, copy, adapt, modify, or prepare services other than that of boat rental and/or other nautical services and experiences, in order to make use of the collection services of Cartagena Expeditions S.A.S, nor distribute, license, sell, transfer, publicly display, lend publicly, disseminate, or exploit in any way the services of collection of Cartagena Expeditions S.A.S, except as expressly permitted in these Terms and Conditions.

TWENTY SIXTH. Errors in the processing of payments. Cartagena Expeditions S.A.S will implement the necessary measures to remedy any error in the processing of payments of which he is aware. Such measures may include the practice of a fertilizer with the same method of payment used for the original payment made to or by THE USER, so that you end up receiving or paying the correct amount.
TWENTY SEVENTH. Cartagena Expeditions S.A.S disclaimers regarding to the collection service. The use by THE USER of the collection services of Cartagena Expeditions S.A.S, is completely voluntary and at your own risk. In the maximum extent permitted by law, collection services of Cartagena Expeditions S.A.S are provided without warranty of any kind, either express or implied. Cartagena Expeditions S.A.S expressly disclaims all liability for any act or omission of any user or third party. Cartagena Expeditions S.A.S does not has no additional duty or obligation as agent with respect to THE USER, except to the extent that it is stipulated expressly in these Terms and Conditions, and are expressly excluding additional duties or obligations that the legislation may involve, to the fullest extent permitted by law.

TWENTY EIGHTH. Indemnity of Cartagena Expeditions S.A.S regarding the service of collection. To the extent permitted by current law, THE USER agrees to waive, defend (at the option of Cartagena Expeditions S.A.S), indemnify and discharge responsibility to Cartagena Expeditions S.A.S and its affiliates and subsidiaries, as well as to its managers, directors, employees and agents, against and against any claims, obligations, damages, losses and expenses, including, but not limited to, reasonable fees of lawyers and accountants, which derive from or are in any way related with: 1. Failure to comply with these Terms and Conditions; 2. The improper use of Cartagena Expeditions S.A.S collection services; 3. Collection and transfer by Cartagena Expeditions S.A.S of the taxes derived from the services provided by the provider; or 4. Failure to any law, regulation or right of third parties. 

TITLE V.

AVAILABILITY AND CONTINUITY OF Cartagena Expeditions S.A.S SERVICES. TERMINATION, SUSPENSION AND OTHER MEASURES

TWENTY NINTH. Responsibility of THE USER regarding his access information to the Cartagena Expeditions S.A.S Platform. THE USER will be responsible for all activities carried out with your username and password, or as a result of access to the Cartagena Expeditions S.A.S Platform by him or by any third party that THE USER has authorized to access the application with their data access, and you agree to notify Cartagena Expeditions S.A.S immediately of any any unauthorized use of which you become aware. THE USER You agree to use all reasonable efforts to prevent third parties from unauthorized access to the Cartagena Expeditions S.A.S Platform. Considering that THE USER will be responsible for identifying the third parties that he invites to access the Cartagena Expeditions S.A.S Platform, you agree to hold harmless Cartagena Expeditions S.A.S for any damage caused by said third parties authorized by THE USER.
Cartagena Expeditions S.A.S reserves the right, without thereby having the obligation, to take corrective action, at any time and without the need for mediate prior notice), in the event that it detects access to the Cartagena Expeditions S.A.S platform of unauthorized third parties that make use of the name username and password chosen by THE USER to make use of the functionalities of the Cartagena Expeditions S.A.S Platform, including termination or suspension of the services provided through it, without this generates the payment of indemnities or compensation in favor of THE USER, who bears the exclusive responsibility related to all activities that take place under your username and password.
THIRTY. Availability and continuity of the Cartagena Expeditions S.A.S service. The Cartagena Expeditions S.A.S Platform is designed for the latest version recent and commercially available operating systems for mobile devices, consequently, inconveniences may arise from compatibility when using earlier versions. Likewise, Cartagena Expeditions S.A.S does not guarantee that access to the Cartagena Expeditions S.A.S Platform is permanent. or free from errors, interruptions, delays in operation, failures in data transmission or line connections, or that browsing It will be free of viruses and other harmful components. Therefore, any use THE USER uses the Cartagena Expeditions S.A.S Platform under their own account and risk.

Cartagena Expeditions S.A.S will tend to maintain the availability, continuity and/or proper functioning of the Cartagena Expeditions S.A.S Platform, however, it reserves the right to block, interrupt or restrict access to it when consider it necessary for the improvement of the same. It is recommended to THE USER take appropriate measures and act diligently at the time of access the application, such as having programs of protection, antivirus, malware management, spyware and tools Similar. Both the content and the technical components of the Cartagena Expeditions S.A.S platform may include errors and technical failures, and therefore therefore, the experience of each provider when browsing the application may vary. Neither Cartagena Expeditions S.A.S, its directors, owners, content managers, providers or licensees (all collectively, the indemnified parties) will be responsible for the damages that eventually the USERS will suffer as a direct consequence or indirect access, lack of access, use, or failure to perform the Cartagena Expeditions S.A.S Platform.

The coverage of the wireless network and the speed of the Wi-Fi network vary according to the provider and the geographical location of THE USER, for For this reason, Cartagena Expeditions S.A.S is not responsible for: (i) the limitations and/or malfunction of any Wi-Fi or wireless service that is used to access the Cartagena Expeditions S.A.S Platform, (ii) for the security of wireless or Wi-Fi services, (iii) charges or fees for use of data networks, which are the sole responsibility of THE USER.
THIRTY FIRST. Force majeure. Cartagena Expeditions S.A.S will not be liable to THE USER or to third parties for damages and damages caused, or for the losses that result from the delay or Impossibility of providing the services offered through the Cartagena Expeditions S.A.S platform, in the event that any unforeseen circumstance or that being foreseen, was unavoidable be out of your control. In this order of ideas, and in relation to the use of the services offered through the Cartagena Expeditions S.A.S Platform, Cartagena Expeditions S.A.S will not guarantee that it will always be safe, timely, uninterrupted, error-free, or work in combination with any other hardware, software, system or other data, and/or that will meet at all times the quality requirements or expectations of THE USER. Without prejudice to the provisions of this clause, the services provided through the Cartagena Expeditions S.A.S Platform can be subject to limitations, delays and other incidents inherent to the use from Internet. THE USER will not be responsible for the damages derived from these incidents.
THIRTY SECOND. Cartagena Expeditions S.A.S Platform Updates. Cartagena Expeditions S.A.S reserves the right to make updates or modifications (directly or indirectly in any way, in any time, without prior notice and without requiring authorization from THE USER) of the application, its processes and/or its functionalities, and of the services provided through it (which fall on infrastructure, security, technical configurations, characteristics of the application, among others), including those intended to reflect changes in technology, industry practices, usage patterns, applicable regulations and availability of content. All previous, in order to optimize the operation of the Cartagena Expeditions S.A.S Platform and the services provided through it, and to maintain the Updated Cartagena Expeditions S.A.S platform with the improvements required at the technical, correction of detected errors, law changes and improvements functional. In this order of ideas, Cartagena Expeditions S.A.S may request THE USER who updates their version of the Cartagena Expeditions S.A.S Platform at any moment. Although Cartagena Expeditions S.A.S will make every effort to to preserve the configurations and the Content of THE USER, it is not undertakes to keep them in the updating processes of the application and the services that are provided through it.
THIRTY-THIRD. Hyperlinks and Interaction with other applications. Cartagena Expeditions S.A.S selects the links with which it is possible to access or be redirected to applications other than the Cartagena Expeditions S.A.S Platform (including without limitation Facebook®, Instagram®, Twitter®, and payment platforms), which may include or display content that are not under the control of Cartagena Expeditions S.A.S. Although Cartagena Expeditions S.A.S encourages supply links to third-party sites and applications that meet both with applicable laws and regulations, such as the Terms and Conditions established by Cartagena Expeditions S.A.S. THE USER accepts that Cartagena Expeditions S.A.S has no control over the nature and content of those sites and does not you are recommending these sites, the information they contain or the third party products or services. The access and use of the applications to which direct the hyperlinks activated on the NAUTY Platform 360 are subject to particular terms and conditions for each page and that may be different from these Terms and Terms. THE USER must verify the Terms and Conditions, as well such as the legal and privacy policy of other applications with which which the Cartagena Expeditions S.A.S Platform is linked, which is why access to waves themselves through the Cartagena Expeditions S.A.S Platform will be done under its entirety risk and liability. The navigation, interaction and transactions that THE USER performs in these applications, they will have effects only between THE USER and their administrator. In this order of ideas, Cartagena Expeditions S.A.S is not responsible for: 1. The content of applications other than the Cartagena Expeditions S.A.S Platform that are not proprietary of Cartagena Expeditions S.A.S, with which there is a hypertext link, and/or where direct the hyperlinks activated on the Cartagena Expeditions S.A.S Platform; 2. The warranty (explicit or implied) as to the content of the information in those applications, nor for the damages that THE USER may suffer during his visit to any of them; 3. Direct, indirect or consequential losses arising from the use of applications other than the Cartagena Expeditions S.A.S Platform that are not proprietary from Cartagena Expeditions S.A.S; 4. Examine or evaluate technical aspects or content provided or offered in applications other than the NAUTY Platform 360 that are not owned by Cartagena Expeditions S.A.S; 5. The goods and services that are marketed in applications other than the Cartagena Expeditions S.A.S Platform that are not owned by Cartagena Expeditions S.A.S, with respect to which Cartagena Expeditions S.A.S does not assumes no obligation.
THIRTY FOURTH. Temporary limitation or suspension of access to the Cartagena Expeditions S.A.S platform. Cartagena Expeditions S.A.S may temporarily or permanently limit or suspend the use by THE USER of the Cartagena Expeditions S.A.S Platform in any of the following events: 1. In order to comply with the corresponding legislation, court order or request and requirements of agencies or law enforcement, government, or administrative agencies; 2. In the event that THE USER has breached these Terms and Conditions, the laws, regulations or rights of third parties that are of application; 3. In the event that THE USER has provided inaccurate, fraudulent, obsolete or incomplete information; 4. In the event in which THE USER has repeatedly received some negative evaluations or comments or Cartagena Expeditions S.A.S may have knowledge in any way, or have received complaints about the way in which that THE USER has behaved or acted; 5. In the event that THE USER has repeatedly canceled reservations confirmed or not has responded to reservation requests without just cause; 6. in the event that Cartagena Expeditions S.A.S deems in good faith that such action is reasonably necessary to protect personal safety or property of Cartagena Expeditions S.A.S, its users, other suppliers or third parties, or in order to prevent fraud and other illicit activities.
PARAGRAPH. In the case of minor breaches, and when appropriate, Cartagena Expeditions S.A.S will notify THE USER of any action taken and will give you the opportunity to resolve the problem reasonably satisfactory to Cartagena Expeditions S.A.S. In the event that Cartagena Expeditions S.A.S take any of the actions described in this heading, you may appeal said decision by contacting Cartagena Expeditions S.A.S. Likewise, it is you may not be refunded any of the reservations confirmed, regardless of cancellation policies pre-existing If your access to or use of the Cartagena Expeditions S.A.S platform, THE USER will not be able to register again as Cartagena Expeditions S.A.S user, nor access or use the Cartagena Expeditions S.A.S Platform through another user’s account.

TITLE VI.

OBLIGATIONS, RESPONSIBILITIES AND PROHIBITIONS OF THE PARTIES.

THIRTY FIFTH. NAUTY Platform Acceptable Use Policy 360. THE USER agrees not to use or allow the use of the Cartagena Expeditions S.A.S Platform, for any purpose that: 1. Implies a threat or harassment to any person or cause damage or injury to persons or property; two. Involves the publication of false material that is defamatory, harassing or obscene; 3. Violates privacy rights or promotes intolerance, racism, hate or harm; 4. Build mass email unsolicited, “junk” mail, “spam” (“spam”) or chain messages; 5. Constitutes a violation of rights intellectual property, industrial or other copyrights; or 6. Violate the applicable laws in any way.
Cartagena Expeditions S.A.S reserves the right, without thereby having the obligation, to adopt corrective measures if the Content of THE USER violates the restrictions mentioned in this clause, including the termination or suspension of the services provided through the application, without this generating the payment of compensation or compensation in favor of THE USER and suppliers, who holds the sole responsibility for the accuracy, quality, integrity, legality, reliability, adequacy and propriety of the all of the Provider Content you enter and share through the Cartagena Expeditions S.A.S Platform.
THIRTY SIXTH. General obligations of Cartagena Expeditions S.A.S. Under these Terms and Conditions of the NAUTY Platform 360, Cartagena Expeditions S.A.S undertakes to: 1. Protect the information with which THE USER feeds the Cartagena Expeditions S.A.S Platform; 2. Allow THE USER, the access to the Cartagena Expeditions S.A.S Platform and its functionalities to use its boat rental services and/or other services and nautical experiences; 3. Guarantee that you are the sole owner of the rights over the Cartagena Expeditions S.A.S Platform and is therefore empowered to grant access to it to THE USER for the use of the Platform Cartagena Expeditions S.A.S and its functionalities. 4. Collect, once it has materialized the direct contractual link between the provider and THE USER that made or accepted a reservation, the money corresponding to the payment of the value of said reserves, and make the payment to the suppliers of the value corresponding to those of these, once the provision has been made of the service and this has been corroborated by Cartagena Expeditions S.A.S.
THIRTY SEVENTH. General obligations of THE USER. With the acceptance and/or subscription of these Terms and Conditions, THE USER undertakes to: 1. Read, understand fully, and accept each of the provisions of these Terms and Conditions; 2. Provide real and true information about the personal data through the Cartagena Expeditions S.A.S Platform, during the process registration as described in the FIFTH clause; 3. Provide accurate, current and complete information during the registration process and keep your information updated at all times as a user in the Cartagena Expeditions S.A.S platform; 4. Ensure the accuracy, quality, integrity, legality, reliability, adequacy and ownership of the entire information provided during your registration process as a user in the Cartagena Expeditions S.A.S Platform. 5. Attend and enforce the use policy acceptance of the Cartagena Expeditions S.A.S Platform in accordance with the provisions in clause THIRTY-FIFTH; 6. Likewise, THE USER acknowledges that, when accessing this application in Colombia or from outside the territory national, is responsible for compliance with local laws.
THIRTY-EIGHTH. General prohibitions for THE USER. THE USER undertakes to use the Cartagena Expeditions S.A.S Platform in a manner diligent, correct, lawful, and especially, and undertakes NOT carry out the behaviors described below: 1. Contact directly with the providers of the Cartagena Expeditions S.A.S Platform for purposes other than reservations made or accepted through the Cartagena Expeditions S.A.S platform; 2. Negotiate with suppliers prices for the services provided by these, different from those offered in the Cartagena Expeditions S.A.S platform, in particular when the logo is being used and/or the Cartagena Expeditions S.A.S brand to promote such rental services of boats, and/or other services and nautical experiences; 3. Contact directly with the providers of the Cartagena Expeditions S.A.S Platform to offer you: (i) employment contracts or services; (iii) Proposals to incorporate other services not offered through the Cartagena Expeditions S.A.S platform; OR (iii) Application Recommendations, platforms or websites of third parties other than Cartagena Expeditions S.A.S. 4. Fogging, tarnish or otherwise damage the Cartagena Expeditions S.A.S brand in any way or derivative terms in domain names, names and trademarks; 5. Allow third parties other than THE USER to use the NAUTY Platform 360 in your name; 6. Use the Cartagena Expeditions S.A.S Platform and the Contents for legal and/or illegal purposes, contrary to what is established in the these Terms and Conditions, or the use of the NAUTY Platform itself 360, that are harmful to the rights and interests of the operator or third parties, or that in any way may damage, disable, overload or deteriorate the Cartagena Expeditions S.A.S Platform and the Contents or prevent the normal use or enjoyment of this and the Contents by Providers; 7. Attempt to obtain the Contents of the Platform Cartagena Expeditions S.A.S by any means other than those made available disposition of the users, that could cause some damage to the operator; 8. Use in any way content that may be considered uneducated and/or immoral, including images and obscene photos. 9. THE USER may not transport weapons in the boat, unless they inform the captain before setting sail, as well as Cartagena Expeditions S.A.S and show the corresponding permissions for the use and carrying of this. 10. Drugs or substances may not be transported hallucinogens of any kind, regardless of quantity; nor can they be consumed drugs on the boats or in the nautical experiences, in In this case, the captain or the crew may inform the competent authorities and take the legal actions that may result. eleven. Parties or events not previously contracted with Cartagena Expeditions S.A.S. 12. The contracted services cannot be used for prostitution or events for that purpose. Given the case, the captain will be empowered to communicate with the competent authority and take the legal actions to which it gives rise; especially if any of the people present is a minor.
THIRTY NINTH. Behavior on the Boats and Expertise Nautical. For the proper use of the services provided by Cartagena Expeditions S.A.S, the safety of the crew and that of THE USER, must be carried out strictly the following guidelines: 1. THE USER must follow at all times the instructions given by the captain of the boat. 2. The consumption of alcoholic beverages is allowed inside of the Boat, but it should be done moderately without exceeding limits. In this case, the person should not move around the boat or practice water sports. 3. While the motors are turned on or the boat is in motion, none of the persons on board the vessel may be thrown into the sea, swim and/or practice sports. 4. To be able to practice some nautical sport it will be necessary to use the equipment suitable for its realization.
Access to and use of certain Services and features of the Platforms managed by or owned by Cartagena Expeditions S.A.S may be subject to independent policies, rules, restrictions or guidelines, they might need you to agree to terms and conditions before you can access the areas or features of the Cartagena Expeditions S.A.S platform. In case of incompatibility between these Terms and Conditions and the Terms and Conditions Additionally, the former will be left aside and the latter will be taken into account. seconds.
FIRST PARAGRAPH. You must use the facilities of the boat for the object that were hired; which is the transportation at sea and/or nautical activities. In case the object hiring of the boat is for the practice of sports nautical, you must inform the captain and NAUTY before setting sail 360. THE USER must obtain all the necessary equipment for the practice of sport, guaranteeing at all times the safety of the persons. THE USER who contracts the services of Cartagena Expeditions S.A.S must guarantee the quality and suitability of the equipment used for the sport practice.
SECOND PARAGRAPH. THE USER is responsible for any damage caused to the boat due to misuse of it and undertakes to answer for them. Cartagena Expeditions S.A.S is exempt from any event, accident or event that may be caused by third parties or misconduct by any of the customers on the boat or out of it during the experience.
FORTIETH. Limitation of liability of Cartagena Expeditions S.A.S. The responsibility that Cartagena Expeditions S.A.S derives from this contract, is limited solely to the provision of brokerage services and collection established in the SECOND clause, and to grant THE USER the right to access and use the Cartagena Expeditions S.A.S Platform and the services that are provided through it, in accordance with the established in these Terms and Conditions, provided that THE USER complies with all the stipulations contemplated in them, and has successfully completed the registration process established in the FIFTH clause. Cartagena Expeditions S.A.S will be responsible for the operation of the Cartagena Expeditions S.A.S platform and the services provided through the same, under the precise guidelines established in these Terms and conditions of use. In any case, any obligation derived for Cartagena Expeditions S.A.S from these Terms and Conditions will be mean and not result. Consequently, by way of example and not limitation, Cartagena Expeditions S.A.S states that it will not be responsible under any concept and in no capacity, neither civil, nor administrative, nor criminally and that he will be exonerated from all responsibility, for: 1. The misuse that THE USERS and/or the providers make of the NAUTY Platform 360, nor for the results that it throws; 2. The performance expectations, scope and/or results that THE USER expectation of the Cartagena Expeditions S.A.S Platform and its use; 3. Access or the availability of the services of the Cartagena Expeditions S.A.S Platform online, the uninterrupted or error-free operation of the NAUTY Platform 360 and the services provided through it; 4. The Content of THE USER shared on, or through, the Cartagena Expeditions S.A.S Platform by THE USER, suppliers and/or third parties, which is prohibited by law, is contrary to public order or good customs, or that violates the rights of Cartagena Expeditions S.A.S and/or third parties; 5. Claims from judicial, administrative authorities or entities of national or international control and/or any third party against THE USER.
Neither Cartagena Expeditions S.A.S nor any other party involved in creating, production or delivery of the Cartagena Expeditions S.A.S Platform will be responsible for no compensation for incidental or consequential damages, incidental, special, exemplary or emergent, including loss of earnings, loss of data or loss of goodwill, interruption of service, computer damage or system failure or the cost of replacement products or services, or for any compensation for damages due to personal or physical injury or suffering emotional arising from or related to:
  1. These Terms;
  2. The use of, or the inability to use, the NAUTY Platform 360;
  3. Any communication, interaction, meeting with other users and other people with whom THE USER and the provider communicates, interact or gather as a result of your use of the Platform Cartagena Expeditions S.A.S;
  4. The publication or reservation of an offer of THE USER, including the provision or enjoyment of accommodation services and/or other services and nautical experiences, either based on the guarantee, on the contract, in a civil offense (such as negligence), in the product liability or on any other legal basis, and whether or not Cartagena Expeditions S.A.S has been informed of the possibility of such damages as if not, even if it is concluded that some resource of the contemplated herein has not achieved its essential purpose.
FIRST PARAGRAPH. Cartagena Expeditions S.A.S records that its intermediation activity does not guarantee that the chosen destination will not present risks to the health and integrity of users. Cartagena Expeditions S.A.S is not responsible directly or indirectly for any damage or loss that in any way you or those traveling with you may suffer before, during or as a consequence of the chosen destination. Cartagena Expeditions S.A.S I don’t know responsible for the facts derived from fortuitous event or force majeure, including climatic phenomena, facts of nature, conflicts unions, among others, that could occur before or during the provision of the Service, and that could eventually delay, interrupt or prevent its execution.

SECOND PARAGRAPH. In any case, Cartagena Expeditions S.A.S will not be responsible for the loss, misplacement or theft of mobile devices that allow third party access to the mobile application; due to errors in typing or access by THE USER; for damages, profit loss, emergent damage, moral, and in general sums in charge of THE USER, originating from delays, lack of processing of information, or suspension of the mobile operator service or damage to the mobile devices.

FORTY FIRST. Indemnity. To the maximum extent permitted by applicable law THE USER agrees to exempt, defend (according to the criteria of Cartagena Expeditions S.A.S), indemnify and hold harmless from responsibility to Cartagena Expeditions S.A.S and its affiliates and subsidiaries, as well as to its managers, directors, employees and agents, against and against any claim, liability, and/or compensation for damages and damages, losses and expenses, including, without limitation, expenses reasonable legal and accounting advice, arising out of, or are in any way related to: 1. The failure of the THE USER of these Terms; 2. Improper use by EL USER of the Cartagena Expeditions S.A.S Platform or any of the services provided by Cartagena Expeditions S.A.S; 3. The interaction by THE USER with any provider of the Cartagena Expeditions S.A.S Platform, your stay in a boat, your participation in an experience, event and other services offered by providers through the NAUTY Platform 360, including, without limitation, any injury, loss or compensation for damages (whether they are sanctions without purpose compensation, for direct, incidental, consequential or other damages) of any kind arising in connection with, or as a result of, such interaction, stay, participation or enjoyment; 4. Collection and transfer of taxes at the head of THE USER by the relevant tax authorities; 5. The infraction by EL USER of any law, regulation or right of third parties.

TITLE VII.

CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

FOURTY-SECOND. Information of THE USER. It records that within the framework of access and use of services offered by the Cartagena Expeditions S.A.S Platform, THE USER will feed the application with own and/or third party information, which will be accessible individually by THE USER and in some cases by Providers. Such information or personal data of THE USER, will be your exclusive property. In this order of ideas, Cartagena Expeditions S.A.S acquires the following obligations with respect to said information: (i) secrecy and maintain the strictest confidentiality regarding the information owned by THE USER, to which he has access by virtue of your registration, access and use of the services provided through the Cartagena Expeditions S.A.S platform; (ii) refrain from carrying out any activity on the information without the authorization of THE USER, whether it be reproduction, use, conservation, modification or any other nature, for purposes other than the provision of services to through the Cartagena Expeditions S.A.S Platform; (iii) not allow, access to the information under any circumstances, without the consent prior and express of THE USER, except for legal requirement, event in which Cartagena Expeditions S.A.S will notify THE USER of the existence of said request.
FORTY-THIRD. Authorization for data processing personal. In accordance with the provisions of Statutory Law 1581 of 2012, the Regulatory Decree 1377 of 2013, and other regulations that regulate, replace or modify the National Data Protection Regime Personal, in compliance with the legal development of the right Constitutional Habeas Data, THE USER, who for the purposes of the these Terms and Conditions of the application acts as Owner of the information, with the acceptance of the same grants its consent prior, express, and informed to Cartagena Expeditions S.A.S, and/or its managers, of all information or personal data related to or that may be associated with THE USER and that the USER disclosed to Cartagena Expeditions S.A.S at the time of registration, or during the access and use of the services provided by the Platform Cartagena Expeditions S.A.S, regardless of their nature, whether they are: 1. Data of identification, location, socio-economic data, among others, the which, in compliance with the principle of truthfulness, are provided completely accurate, up-to-date and verifiable; or, 2. Information of a sensitive nature, understood as information whose treatment may affect their privacy or generate some type of discrimination, as established in the current regulations, including but not limited to biometric data, membership of trade unions or social organizations, of human rights or that promote the interests of any party or that guarantee the rights and guarantees of political parties of opposition, socioeconomic status, racial or ethnic origin, political orientation, religious or philosophical convictions, as well as data related to health and sexual life, among others.
With the acceptance of these Terms and Conditions of the Cartagena Expeditions S.A.S platform and the voluntary provision of your personal data follow the registration procedure established in the FIFTH clause, THE USER authorizes Cartagena Expeditions S.A.S, and allows him to treat his personal data and acknowledges that the data provided is true, provided that no part or all of the information has been omitted or adulterated. information. Likewise, THE USER guarantees that he has obtained the authorization of third parties, which have been included within the data provided by them, such as telephone numbers, or any other data of a third party provided by virtue of your quality of user of the Cartagena Expeditions S.A.S Platform.
FIRST PARAGRAPH. THE USER declares that he has been informed that his consent to authorize the Treatment of his Sensitive Data or Information referring to your minor children, is completely optional, unless there is a legal duty that requires you to disclosure or disclosure is necessary in order to safeguard your vital interest as long as they are in physical, legal or and/or psychological to do so. He additionally states that he has been informed of which are the Sensitive Data that Cartagena Expeditions S.A.S will treat and that he has given his authorization to do so in accordance with the provisions of the current legislation. THE USER declares that he has been informed that the treatment of your personal data and sensitive data will be adjusted to the Cartagena Expeditions S.A.S data processing policy to which he has access, he knows and knows that it can be consulted in the application.
SECOND PARAGRAPH. THE USER declares that, prior to the subscription of this contract, he has been informed of the rights of Habeas Data that assist you as the owner of Personal Data and Data Sensitive, particularly, the rights to know, update, rectify, and delete personal data or revoke the authorization here granted, in the terms and under the procedure enshrined in the data processing policy. Likewise, he points out that he has been informed of their right to request proof of the authorization granted to Cartagena Expeditions S.A.S for the treatment of your personal data and sensitive data and that he is aware of the legal scope of said authorization.
THIRD PARAGRAPH. THE USER, regardless of the authorization that he grants for the Treatment of his Personal Data to through the acceptance of these Terms and Conditions, will grant said authorization through the modality of “acts unequivocal”, through the voluntary provision of information requested in the forms provided for data collection Personal in the Cartagena Expeditions S.A.S Platform.
FORTY-FOURTH. Purposes of information processing. Cartagena Expeditions S.A.S informs THE USER that, in compliance with its legal duty and regulatory, and in its capacity of her as Responsible for the Treatment of your personal data, tends to make effective the constitutional guarantee protection of privacy by maintaining the confidentiality of the themselves. In this sense, the processing of personal data that Cartagena Expeditions S.A.S collect, store, manage, use, are intended to: 1. Consult, compare, analyze, process, evaluate, treat or compare all the information that about the suppliers is stored in the databases; 2. Manage requests, complaints, claims and suggestions (PQRS) presented by THE USER and/or by third parties, and direct them to the areas responsible for issuing the corresponding responses; 3. Prepare technical-actuarial studies, statistics, surveys, analysis of market trends, about the products and services provided by Cartagena Expeditions S.A.S; 4.Segment users for marketing purposes the services offered by Cartagena Expeditions S.A.S; 5. Send information and offers about the services provided by Cartagena Expeditions S.A.S, as well as carry out marketing activities and/or commercialization of services and/or products that it lends or that it could lend or offer; 6.Send to owner of the Personal Data information of interest and/or invitations to events scheduled by Cartagena Expeditions S.A.S related to the products and services it offers; 7. Issue certifications related to the relationship of the owner of the Personal Data with Cartagena Expeditions S.A.S at the request of THE USER or the competent authority; 8. Fulfill obligations tax and commercial, corporate and accounting records of Cartagena Expeditions S.A.S, in accordance with current legal provisions; 9. Send Personal Data by secure means to servers located in Colombia or abroad, in order to keep backup copies or endorsements of the same, even in the event that Cartagena Expeditions S.A.S hires these services with platforms based on cloud technology; 10. Transmit or transfer the Personal Data to third parties located in Colombia and/or abroad, even in countries that do not provide adequate measures for the protection of Personal Data, provided that with they sign contracts to process data Personal, for administrative and/or operational purposes; 11.Order, catalog, classify, store and separate the information provided by providers for easy identification and application File procedures, protection and custody of data personal; 12. Carry out data update campaigns; 13. Inform about the modifications to the Data Management Policies Personal, as well as the request for new authorizations for the Treatment of Personal Data; 14. Register the database in which the information is processed before the Superintendence of Industry and Commerce, in the terms established in Law 1255 of 2012 and Decree 886 of 2014; 15. Other purposes determined Cartagena Expeditions S.A.S in the processes of obtaining Personal Data for its Treatment, in order to comply with legal obligations and regulations, as well as their data protection policies personal.
PARAGRAPH. The supply and compilation of data from THE USER will be subject to the Privacy Policies of Cartagena Expeditions S.A.S the which may be consulted on the Cartagena Expeditions S.A.S Platform.

TITLE VIII.

FINAL PROVISIONS.

FORTY-FIFTH. Unilateral termination by any of the parts. THE USER may terminate this agreement at any time sending Cartagena Expeditions S.A.S an email. If you cancel your link as a provider before Cartagena Expeditions S.A.S, all the confirmed reservations and all payments will be fully refunded made. Without prejudice to the rights held by Cartagena Expeditions S.A.S that are specified below, Cartagena Expeditions S.A.S may terminate this agreement without cause at any time without prior notice, provided that notify THE USER in writing of said termination within the framework of what is established for this purpose in these Terms and Conditions. The termination of this agreement by either party will act also as a notification to cancel your access as a provider to the Cartagena Expeditions S.A.S platform.
FORTY-SIX. Termination of the contract by Cartagena Expeditions S.A.S with just cause. Cartagena Expeditions S.A.S may, immediately and without notice, terminate this agreement in any of the following events: 1. That THE USER has substantially breached its obligations under the these Terms and Conditions; 2. That THE USER has provided inaccurate, fraudulent, obsolete or incomplete information; That THE USER has violated laws, regulations or rights of third parties that are of application; 3. In the event that Cartagena Expeditions S.A.S estimates in good faith that such action is reasonably necessary to protect other users, suppliers, Cartagena Expeditions S.A.S or third parties (for example, in the event of fraudulent behavior of THE USER); 4. Make a decision judicial or competent authority in that sense; 5. That THE USER enter into a recovery agreement, concordat or mandatory liquidation.
PARAGRAPH. In any of the termination events established in this clause, and once this agreement, THE USER will not have the right to have his access restored to the Cartagena Expeditions S.A.S Platform, nor any element of its EL content USERNAME. If the access or use of THE USER has been restricted the Cartagena Expeditions S.A.S Platform, it will not be able to register again as provider of Cartagena Expeditions S.A.S, nor access or use the Cartagena Expeditions S.A.S Platform to through another provider’s account. Likewise, it may not be fully reimburse THE USER for any and all reservations confirmed, regardless of cancellation policies pre-existing, and THE USER will not be entitled to any compensation for pending or confirmed reservations that were cancelled.
FOURTY-SEVENTH. Relationship between the parties. In consideration to the nature and purpose of the legal relationship that in under these Terms and Conditions is created between THE USER and Cartagena Expeditions S.A.S, it is understood: 1. That between THE USER and Cartagena Expeditions S.A.S no there is no corporate spirit, nor any relationship of association, cooperation, of a labor or agency nature as a result of the acceptance of the these Terms and Conditions, nor of the use by you of the Cartagena Expeditions S.A.S Platform; 2. That the execution of this contract does not implies the constitution of a different legal person, neither in fact nor of law, nor the payment of contributions to create patrimony, fund or capital common of any kind, so that each of them maintains its independence and autonomy; 3. That neither THE USER nor Cartagena Expeditions S.A.S shall be considered contracting party and contractor for the purposes of the provisions of the article 34 of the Substantive Labor Code, and therefore there will be no joint and several liability for salaries, social benefits and compensation of the employees of the other party; 4. Neither THE USER nor Cartagena Expeditions S.A.S acquire the representation of the other, for purposes judicial or extrajudicial, nor do they constitute a pact of solidarity or any guarantee regarding the claims that third parties may introduce any of them.
In no case shall it be understood that there is a corporate relationship and/or labor between the parties. There will be no dependency relationship and/or subordination among the supplier’s personnel affected by the fulfillment of this contract and Cartagena Expeditions S.A.S.
FOURTY-EIGHTH. Taxes and withholdings. THE USER is solely responsible for determining their obligations of declare, collect, remit or include VAT and other indirect sales taxes, occupancy tax, tourist or other visitor tax or income tax that could be applicable. THE USER accepts that any authority local and national prosecutor may require you to collect taxes on the reservation fees, which is why you authorize Cartagena Expeditions S.A.S to discount and remit said taxes to the corresponding Fiscal Authority, in the event in which it applies.
FORTY NINTH. Applicable regulations. The validity, interpretation and execution of these Terms and Conditions will be governed by the laws of the Republic of Colombia. In Consequently, Cartagena Expeditions S.A.S and THE USER submit to the jurisdiction exclusively of the arbitrators, judges and courts of the Republic of Colombia (the authority that applies for the specific case) in what regarding the access and use of the services provided through the Cartagena Expeditions S.A.S platform, except with regard to industrial property and copyright, issues that will also be governed by the regulations of the Andean Community of Nations and other regulations supranationals from
FIFTIETH. Dispute resolution. The parties agree that in the event of any controversy related to With the execution of these Terms and Conditions, the parties will resort to the following ways of conflict resolution: 1. Solution Direct: Directly and without intermediary, any of the parties will formulate in writing to the other the invitation to try an arrangement direct, describing what the difference consists of and determining the day and time you propose to hold the meeting. The Parties will make your best efforts so that within five (5) days calendar meet to resolve their differences and fifteen (15) days for the necessary negotiations to be achieved by the legal representatives to obtain a favorable solution. yes inside If an agreement is not reached within the established period, the Parties may go to the other instances referred to in the Contract. 2. Arbitration. If the parties fail to resolve directly the conflict in the meeting referred to in literal above, any of them may submit the difference to the decision of an arbitration tribunal, made up of one (1) arbitrator appointed by the Conciliation and Arbitration Center of the Chamber of Commerce of Cartagena, who will decide in law, subject to the procedure provided by the same Center for institutional arbitration.
FIFTY FIRST. Assignment. THE USER may not assign, transfer or delegate, in whole or in part, these Terms and Conditions, nor the rights and obligations in your head derived from it, without the prior written consent of Cartagena Expeditions S.A.S. Any of the actions listed in this clause taken to carried out by THE USER without the prior and express authorization of Cartagena Expeditions S.A.S will be non-existent for Cartagena Expeditions S.A.S who will have no obligation to recognize her. In the event that Cartagena Expeditions S.A.S approves the aforementioned assignment, the assignee will assume the obligations derived from these Terms and Conditions at the head of THE USER.
FIFTY SECOND. Exclusivity. Cartagena Expeditions S.A.S will develop the activities described in the SECOND clause of the these Terms and Conditions, without being subject to exclusivity some.
FIFTY-THIRD. Waiver. Non-application by part of Cartagena Expeditions S.A.S of any right or provision hereof Terms and Conditions shall not constitute a waiver of said right or provision unless Cartagena Expeditions S.A.S so acknowledges or agrees in writing. Except as expressly provided in these Terms and Conditions, the exercise by any of the parties of any of its resources contemplated in this document will be made without prejudice to your other resources contemplated in these Terms and Conditions or otherwise provided by law.
FIFTY-FOURTH. Unit. With the exception of add-ons that may consist of terms and conditions additional policies, guidelines or rules, these Terms and Conditions constitute the entire Contract between THE USER and Cartagena Expeditions S.A.S in relation to the object thereof, and replace all and any agreements or pacts, oral or written, between Cartagena Expeditions S.A.S and you in relation to the access and use of the NAUTY Platform 360. The text of this agreement collects and regulates all the negotiations between the parties on the same object, and any negotiation that has not been included will be understood as not agreed. Additionally, the nullity, ineffectiveness or unenforceability of any of the agreement clauses will not affect the validity, effectiveness and enforceability of the other clauses. The parties will do everything in their power to achieve the purpose of the clause that is eventually considered as null, ineffective or unenforceable.
FIFTY-FIFTH. Modifications. All modifications made with respect to these Terms and Conditions must be in writing signed between the parties. Cartagena Expeditions S.A.S reserves the right to modify these Terms and Terms at any time under this provision, provided that notifies THE USER of said changes no later than 15 days before at the time such changes become effective. FIFTY-FIFTH. Modifications. All changes made to the These Terms and Conditions must be in writing signed Between the parts. Cartagena Expeditions S.A.S reserves the right to modify the these Terms and Conditions at any time in accordance with this disposition, provided that it notifies THE USER of said changes no later than no later than 15 days prior to the time such changes become effective.
FIFTY-SIX. Notifications. All communications that must be made by the parties, will be made in writing and considered valid and sufficient if they are sent by email or physical, according to physical and email addresses established by the parties. Unless otherwise stated, any notice and other communications intended for the parties, necessary or permitted under these Terms and Conditions, will have place electronically. Notifications sent to THE USER will be delivered by Cartagena Expeditions S.A.S by email, by notification on the Cartagena Expeditions S.A.S Platform or by message (including SMS, WhatsApp and WeChat).
With the acceptance of these “Terms and conditions of use” of the application, THE USER declares that he has read and fully understood each of the provisions that compose them, which has the comprehensive and conscious knowledge of them, which approves the all of its stipulations in a voluntary and informed manner, which You agree to be bound in accordance with the content thereof, and that will use the application without contravening current legislation, the good faith, honest practices, public order, morality and good traditions. In the event that after a careful reading of the your decision is not to accept them, we ask you to refrain from use the application and the services it provides.