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Introduction

These are our terms and conditions for the use of this digital network, which you may access in several ways, including but not limited to the World Wide Web, digital television, PDA, mobile cellphone and RSS feeds. In these terms of service and conditions of use, when we say the “Whee Institute” we mean the digital information network operated by or on our behalf or its parent companies, subsidiaries and affiliates (collectively named as “we”), regardless of how you access the network, as well as in any way you access those via our website or a third-party websites. However, when you access our website, you agree to be bound by these terms or service and additional conditions.


1. Account Registration

You may access areas of our website that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering on our website, you agree that:

(i) your account and password are personal to you and may not be used by anyone else to access our website;

(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of our website; and

(iii) you will not create registration accounts to abuse the functionality of our website, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware of any unauthorised use of your password or account identifiers by others.


2. Termination of registration

If you no longer wish to have a registered account, you may terminate your account by using our contact form. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using our website. Continued use of our website indicates your continued acceptance of these terms of service and conditions of use.

If for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of our website immediately and without prior notice.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.


3. Use of material appearing on our pages

Your use of our website is for your own personal and non-commercial use only. You acknowledge that, as between us and you, unless otherwise stated, user content and advertisements (as discussed below), we are the sole owner of all content on our website, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on our website. Our website is protected by the copyright laws and other intellectual property laws of Colombia and is protected globally by applicable international copyright treaties.

You may download and print extracts from our website for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any of our websites for any other purpose without our prior written approval. Except as expressly authorised by us, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on our website.

If you wish to use our content other than as permitted by these terms of service and conditions of use, please contact us using the contact form. If you operate a news aggregation service that charges a subscription fee to its users, then you need to approach us directly to discuss your licensing requirements.


4. Disclaimer of liability

To the extent permitted by law, we do not accept any responsibility for any statement on our website. Nothing on our website is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to our website or any part of it. You can access other websites via hyperlinks from our website. These sites are not under our control, and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning our website or its contents. In particular, we do not warrant that our website or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to our website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.


5. Data protection

Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete Privacy Policy here.


6. Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on our website. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use our website after it has been posted.


7. Governing law and jurisdiction

These terms and conditions are governed by Colombian law and the parties agree to submit to the exclusive jurisdiction of the Colombian courts.

You agree that exclusive jurisdiction for any claim or dispute with our website or relating in any way to your use of the our website resides in the courts of Colombia, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Colombia, in connection with any such dispute and including any claim involving our website or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of our website must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.


8. Indemnification

You agree to defend, indemnify, and hold harmless our website, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.


9. No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of our website.


10. Additional Content Restrictions

In addition, you agree not to use the our website to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the United States Securities and Exchange Commission, any rules of any national or other securities exchange, and any rules, regulations, orders, directives and the like having the force of law).


11. Digital Millennium Copyright Act

If you are a United States of America copyright owner or an agent of a United States of America copyright owner and believe that any user content or other content on our website infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:

(i) identification of the copyrighted work or works claimed to have been infringed;

(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

(iii) your contact information including name an address, telephone number, and, if available, an email address;

(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;

(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(vi) your physical or electronic signature;

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.


12. Additional Disclaimers

Visitors to our website agree that their use of our website is at their own sole risk. Our website is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to:

(i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content on our website; and

(ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Our website also makes no representations and warranties as to any hyperlinked websites and our website has no liability or responsibility with respect to your use of such websites. In some instances, content made available on our website may represent the opinions and judgements of providers or users, such as user content. Our website and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the our website by anyone other than authorised Whee Institute employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by our website, including, without limitation, those damages or injuries occurring as a result of:

(i) any error, omission, deletion, or defect in the content available on our website; or

(ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Our website does not warrant or guarantee that access to our website will be uninterrupted or error-free.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.


13. Limitation of liability

You acknowledge and agree that, to the fullest extent permitted by applicable law, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, in no event will we or our affiliates, including, without limitation, their respective officers, directors, employees, successors and assigns, be liable to you or any other party for any direct or indirect loss, damage, cost, expense or liability of any kind (“loss”) arising in any way out of or in connection with the availability, use, reliance on, or inability to use our website, including (without limitation): damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data, loss of use of data, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or loss of anticipated savings or benefits;

(i) damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data, loss of use of data, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or loss of anticipated savings or benefits; any indirect, special, exemplary, punitive, incidental or consequential loss; or

(ii) any indirect, special, exemplary, punitive, incidental or consequential loss; or

(iii) any loss attributable to errors, omissions, or other inaccuracies in our website. The exclusion of liability in this section 4 applies even if our website shall have been advised of the possibility of such loss.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for particular kinds of loss, in such states or jurisdictions, our liability shall be limited to the extent permitted by law (thereby minimizing our liability to you to the lowest amount that applicable law permits).


14. Non-Excludable Obligations

In relation to Non-Excludable Obligations, except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), our liability to you for a failure to comply with any Non-Excludable Obligation is limited to:

(i) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and

(ii) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.


This document was last updated on May 28th, 2018

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