TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE

BLUEWAY CONSULTING S.A.S. (hereinafter, BLUEWAY), through its website https://bluewayconsulting.com.co/ (hereinafter, the “website”), provides the public with information about the company, the services offered, as well as legal content of current interest related to the firm’s areas of practice.

BLUEWAY requests that the website’s User read these Terms and Conditions before starting their navigation or using the functionalities enabled through this web portal.

INDEX

• ACCEPTANCE

1. By accessing the website, the User must accept the Terms and Conditions by clicking on the “accept” button that appears in a notice when entering the portal. This implies the complete and integral acceptance by the User of the Terms and Conditions, their updates, and any other conditions and regulations defined by BLUEWAY for its use.
2. BLUEWAY reserves the right, without limitation, and in any case, to update and modify the Terms and Conditions for the use of the website at any time and in any way, unilaterally and without prior notice. 
3. In case of disagreement with these conditions, we suggest that the User refrains from accessing or navigating the website. It is solely the User’s responsibility to review the current Terms and Conditions at all times. 

1. PROPER USE AND RESTRICTIONS

1. The information that the User can access on the website is exclusively informative and, therefore, cannot be understood as legal advice, recommendations, or business suggestions for decision-making or the execution of any type of transactions.
2. License: BLUEWAY grants the User a revocable, non-exclusive, non-transferable, and limited license to use our website strictly in accordance with these Terms and Conditions. 

If the User violates any of the Terms and Conditions, we reserve the right to block access without prior notice.

1. User Assistance: The User can request assistance or submit written petitions, complaints, or claims through the following contact channels:

1. “Schedule a call” section on the website https://bluewayconsulting.com.co/
2. WhatsApp enabled on the website https://bluewayconsulting.com.co/
3. Sending an email to contacto@bluewayconsulting.com 
4. Certified mail to Carrera 3d # 59 – 60, Bogotá, Colombia.

1. Restrictions: You agree not to allow, or allow others to:

1. Use the website for unlawful purposes against BLUEWAY or against third parties who may be harmed in any way or engage in any activity that disrupts the normal operation of the website.
2. Grant licenses, sub-licenses, sell, resell, transfer, assign, distribute, or commercially exploit or make available to third parties the website in any way.
3. Modify or create derivative works based on the website.
4. Create “Internet links” to the service or “frame” or “mirror” any website on any other server or Internet-based wireless or Internet-based device.
5. Reverse engineer or access the website to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the website, or (c) copy any idea, feature, function, or graphic of the website.
6. Launch an automated program or script, including but not limited to web crawlers, web robots, web ants, web indexers, bots, viruses, or worms, or any program that may make multiple requests to the server per second, or that may overload or unduly hinder the operation and/or performance of the website.
7.  Send spam or duplicate or unsolicited messages that violate applicable law.
8. Send or store infringing, obscene, threatening, defamatory, or otherwise unlawful or tortious material, including material harmful to children or that violates the privacy rights of third parties.
9. Send or store material containing software viruses, worms, Trojan horses, or other computer code, files, scripts, agents, or harmful programs.
10. Interfere with or disrupt the integrity or operation of the website or the data contained therein.
11. Attempt to gain unauthorized access to the website or its related systems or networks.

1. Links to other websites or social media pages are provided as a service to the User. However, it is clarified that BLUEWAY has not been involved in the construction of such websites and is therefore not responsible for their content or the services offered on them.

III. INTELLECTUAL PROPERTY

1. Intellectual Property: Only BLUEWAY will possess all rights, titles, and interests, including all related intellectual property rights, in and to the Website. These Terms and Conditions do not constitute a sale and do not transfer to the User any ownership rights in connection with the Website or any intellectual property rights owned by BLUEWAY. The name of BLUEWAY, the BLUEWAY logo, and the names of products associated with the Website are trademarks of BLUEWAY, and no right or license is granted to use them.
2. Copyright License: We may, at our sole discretion, allow Users to submit, upload, post, submit, or transmit content. By making any content available on or through the Website, the User grants BLUEWAY a worldwide, irrevocable, perpetual, non-exclusive, transferable, and royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such content solely in, through, or by means of the services or the Website. BLUEWAY does not claim any ownership rights over any User content, and nothing in these Terms and Conditions shall be considered a restriction on the User’s rights to use and exploit any content.
3. User Content: The User acknowledges and agrees that they are solely responsible for all the content they make available through the Website. Accordingly, the User represents and warrants that:
   1. They are the sole and exclusive owner of all content they make available through the Website, or they have all the necessary rights, licenses, consents, and releases to grant BLUEWAY the rights to such content as contemplated in these Terms and Conditions; and,
   2. Neither the User’s content, nor its posting, uploading, sending, or transmission of the content, nor BLUEWAY’s use of the User’s content (or any part of it) on, through, or by means of the Website will infringe, misappropriate, or violate any patents, copyrights, trademarks, trade secrets, moral rights, or other intellectual property rights, or rights of publicity or privacy of a third party, or result in the violation of any applicable law or regulation.
4. Infringements: BLUEWAY shall have the right to investigate and pursue violations of these Terms and Conditions to the fullest extent of the law. BLUEWAY may involve and cooperate with law enforcement authorities in the prosecution of users who violate these Terms and Conditions. 

The User acknowledges that BLUEWAY is not obligated to monitor their access or use of the Website but has the right to do so for the purpose of providing services and operating the Website to ensure compliance with these Terms and Conditions or to comply with applicable law or the order or requirement of a court, administrative agency, or other government agency. 

BLUEWAY reserves the right, at any time and without prior notice, to remove or disable access to any content that BLUEWAY, in its sole discretion, considers to violate these Terms and Conditions or to be harmful to the Website.

1. DATA PROTECTION AND PRIVACY

1. Scope: BLUEWAY will fully comply with the proper management of personal data collected from the User through the Website. At the moment, we will only collect your personal name, the name of your company or organization, email, and phone number. 

The information provided by the User through the website in each of its contact channels will be used to attend to the Users’ requests and provide the service offered by BLUEWAY, as well as for the purposes disclosed in the authorizations for the processing of personal data and in accordance with the Personal Data Processing Policy published on the Website, which sets out in detail how the personal data shared by the User is processed.

1. Privacy: All personal information will be treated in accordance with data protection legislation, including Law 1581 of 2012 (Habeas data). This means that confidentiality will be respected, and appropriate security measures will be taken to protect the information. This notice aims to comply with the transparency requirement of the law and ensure that people using the website are aware of how their data is processed.
2. Sharing your information: Your information will be shared internally only with those individuals who need it in the performance of their duties. We will not disclose your information to third parties unless required by law or you have given your consent. Exceptions to this are:

• Compliance with a legal obligation.
• To protect the security, rights, and property of BLUEWAY.
• To protect against misuse or unauthorized use of the website.

1. Security: Information is securely stored on BLUEWAY’s equipment in accordance with BLUEWAY’s information security and data protection policies. Access is restricted only to authorized personnel or agents as needed, and according to the “need to know” principle. While we take steps to protect your information, BLUEWAY cannot guarantee internet security, and you should be aware that email may be an insecure form of communication.
2. Your rights: You have the right to:

• Know the personal data we process about you and request a copy of it.
• Ask us to correct inaccurate or incomplete data.
• Withdraw consent for the processing of your personal data if requested and given.
• Restrict the use of your data.
• Delete your data or ask us to stop using it to make decisions about you.
• Provide you with a portable electronic copy of the data you have provided to us.
• Please contact us if you wish to exercise or inquire about any of these rights.

1. COOKIES

1. Cookies: BLUEWAY does not use cookies to improve the performance and functionality of our service. However, the website may use cookies from third parties, such as Google LLC.
2. User Rights: You are allowed to block or delete cookies installed on a computer by configuring the options of the browser installed on your computer. Please carefully read the “help” section of your browser to learn more about how to enable “private mode” or unblock certain cookies.

• Internet Explorer: You can check Microsoft’s support or the browser’s help.
• Firefox: You can check Mozilla’s support or the browser’s help.
• Chrome: You can check Google’s support or the browser’s help.
• Safari: You can check Apple’s support or the browser’s help.
• Opera: You can check Opera’s support or the browser’s help.

1. BLUEWAY is not responsible for the content and accuracy of the privacy policies of third parties included in this cookie policy.

If you have any questions about our cookie policy, you can contact us through the contact channels indicated in section 6. Interested parties may exercise their rights of access, rectification, erasure, portability, and restriction or objection, or withdraw their consent, by written request addressed to any of the contact channels in section 6.

1. LIABILITY

1. The use of the website is carried out under the responsibility of the User.
2. Indemnity: By accepting these Terms and Conditions, the User agrees to defend, indemnify, and hold BLUEWAY, its licensors, and parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents of each of these parties harmless from any claims, costs, damages, losses, liabilities, and expenses (including attorney’s fees and costs) arising out of or in connection with their violation or breach of any term of these Terms and Conditions or any applicable law or regulation, whether referenced herein, the use or misuse of the Website.
3. Waiver of Warranties: BLUEWAY makes no representation or warranty regarding the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Website. BLUEWAY does not represent or warrant that:

• The use of the Website is secure, timely, uninterrupted, or error-free or will operate in combination with any other hardware, website, system, or data.
• The Website will meet your needs or expectations.
• Stored data will be accurate or reliable.
• Service or website errors or defects will be corrected.
• The service or server(s) that make the service available are free of viruses or other harmful components.

The website is provided to you “as is.” All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company.

BLUEWAY makes no representation or warranty regarding the reliability, security, timeliness, quality, suitability, or availability of the services, products, or goods obtained by third parties through the use of the Website.

The User acknowledges and agrees that all the risk arising from their use of the Website and any third-party service or product is solely on them to the maximum extent permitted by law.

1. Internet Delays: The Website may be subject to limitations, delays, and other issues inherent in the use of the Internet and electronic communications; therefore, BLUEWAY is not responsible for delays, delivery failures, or other damages resulting from such problems.
2. Limitation of Liability: BLUEWAY and/or its licensors shall not be liable for any loss, damage, or harm incurred by the user, including but not limited to losses, damages, or harm arising from or in any way related to the Website, including but not limited to the use or inability to use the Website, any reliance placed by the user on the completeness, accuracy, or existence of any advertising, even if BLUEWAY and/or its licensors have been previously advised of the possibility of such damages.

VII. MISCELLANEOUS

1. Severability: If any court or competent authority determines that any provision of these terms and conditions or any provision of a Contract is invalid, illegal, or unenforceable in any respect, that term shall be separated to the extent required from the remaining terms, which shall remain valid to the fullest extent permitted by law.
2. Waiver: The failure by either party to exercise or enforce any right conferred on such party by these terms and conditions shall not be considered a waiver of that right or preclude its exercise or enforcement at any time or times thereafter. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
3. Third-Party Rights: A person who is not a party to these Terms and Conditions or a Contract shall have no rights under or in connection with them.
4. Law and Jurisdiction: These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by Colombian law. Any dispute or claim arising out of or in connection with these Terms and Conditions or their formation (including non-contractual disputes or claims) shall be subject to the jurisdiction of the courts of Colombia.
5. Written Communications: Applicable laws require that some of the information or communications we send to you should be in writing. By using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
6. Notices: Any notice required to be given by you or by us in connection with these terms and conditions may be given by letter, email, or telephone call. Notices to us should be sent to one of the following addresses:
   1. Carrera 3d # 59 – 60, Bogotá, Colombia.
   2. Email: contacto@bluewayconsulting.com  
   3. Phone Number: +57 312 481 2007.

We will send notices to you by email to the email address you provided when registering on our site.

If sent to the correct address, a notice will be deemed received 3 business days after sending if it is a letter or 24 hours if sent by email, even if not actually received.

1. Entire Agreement: These Terms and Conditions constitute the entire agreement between the User and BLUEWAY and supersede all previous or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding your access and use of the Website.

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BLUEWAY CONSULTING S.A.S.