Terms of Use

 

Welcome to C.I.’s website SOLAR ENERGY S.A. (ESWINDOWS) By entering this site you assume the obligation to respect the conditions of use (explained below), legal notices, privacy policy and all disclaimer clauses and terms and conditions that appear on the site.

Site Content and Privacy Policy

By using this website you expressly accept that the use of the website is at your own risk and responsibility. The website is made available “as is” and “as available”. Neither ESWINDOWS nor its respective officers, directors, employees, agents, third party content providers, designers, contractors, distributors, vendors, sponsors, grantors and others guarantee that the use of the website will not suffer interruptions or contain errors.

The use of the Website and the use of the User’s personal data is subject to the Company’s Data Protection Policy, which can be consulted at the following: www.eswindows.com.

Ownership of information and Trademarks

All computer, graphic, advertising, photographic, multimedia, audiovisual material, brands, logos, distinctive signs, domain names, computer programs, designs, texts, databases and in general all the content made available in this Site are the sole and exclusive property of ESWINDOWS, or in some cases, of third parties that have authorized ESWINDOWS its use and / or exploitation (hereinafter, the “Contents”).

All the Contents on the website are protected by the rules on copyright, trademarks, intellectual property and all applicable national and international standards. Except as expressly stipulated in these terms and conditions, any act of copying, reproduction, modification, creation of derivative works, sale or distribution, exhibition of the contents, in any way or by any means, including, but not limited to, is prohibited. electronic, mechanical, photocopying, recording or any other means, without the prior written permission of ESWINDOWS or, failing this, of the copyright holder. In no case these terms and conditions confer rights, licenses and / or authorizations to perform the acts described above. Any unauthorized use of the contents will constitute a violation of these terms and conditions and the current regulations on trademarks, copyrights and / or other applicable national and international intellectual property rules.

Linking, Deeplinking and Framing

ESWINDOWS prohibits the use of names and / or logos, trademarks and any other distinctive signs of your property such as hypertext links or in any other way (“links”) directed to Internet sites whose URL is different from www.eswindows.com or , unless the establishment of a link of such nature is approved by ESWINDOWS in advance and in writing, in which case it must comply with the design and advertising criteria and manuals established by ESWINDOWS, which reserves the right to request the withdrawal of links that have been established on websites without their express and prior authorization. The non-observance of these prohibitions will be a violation of the intellectual property rights over the contents and rights over Industrial Property.

Exemption and Limitation of liability

Under no circumstances will ESWINDOWS be liable for direct, indirect, unforeseen, special or emergent damage that is generated, either due to the use or lack of ability to use the ESWINDOWS website, including non-exclusively, the damages that may arise as a result of your confidence in the information obtained on the ESWINDOWS website that causes errors, omissions, interruptions, deletion or corruption of files, viruses, delays in the operation or transmission, or any other type of error in the operation. The above limitation of liability will apply in any legal action, even if an authorized representative of ESWINDOWS has been informed or should have knowledge of the possibility of such damages.

We try and put our best effort in that the entrance to the website is safe and your personal information is safeguarded; In any case, we can not be held responsible for viruses, delays in operation or transmission, technological errors, manipulation by unauthorized third parties, any invasion or technological manipulation event or any other error in the operation of the website.

Exemption and Guarantees

In accordance with the Law of the Republic of Colombia, the material contained in this site, including without limitation, texts, graphics and links, are provided on the basis of “as is”, without having to guarantee any type, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. ESWINDOWS reserves the right to correct any error, omission or inaccuracy, change or update it at any time and without prior notice

Links to third-party websites

The website contains links to other sites operated by third parties, including non-exclusively, third-party sites where the trademarks of ESWINDOWS are displayed. These links are available for your convenience and are intended solely to allow access to these third-party sites ESWINDOWS does not guarantee or make any statement about the essence, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or statement some about third-party sites or their content. A link to a third party site on the website does not constitute sponsorship, endorsement, approval or liability with respect to such third party site. ESWINDOWS does not guarantee or make any statement about the products or services offered on the sites of third parties. The terms of use and privacy policy of any third-party site may differ greatly from the terms of use and legal notices that apply to the use of the ESWINDOWS website. Read carefully the conditions of use of the sites of third parties to obtain more information about the terms and conditions applicable in your case.

Queries

Any question related to the use of the contents or the establishment of links, can be directed to ESWINDOWS in Colombia at the telephone [] in Barranquilla or through email []. Its use, in contravention of what is provided herein, will give rise to the corresponding civil and criminal actions.

Acceptance of terms when entering, browsing and / or using this site

The user admits having read and understood these terms of use and agrees to abide by them and comply with all applicable laws and regulations that are part of Colombian legislation. In addition, when the user uses any service provided on this site he will be subject to the applicable rules, guidelines, policies, terms and conditions. In case the user does not agree with these terms, he should refrain from using this site. This site is controlled and operated by ESWINDOWS. from its offices located in Colombia. Those who decide to enter this site from other countries will do so on their own initiative and it is their responsibility to abide by local laws that are applicable. Any claim regarding the use of this site and the material contained therein is governed by the laws of the Territory.

These terms and conditions are subject to change without prior notice at any time, at the sole discretion of ESWINDOWS, and from the date of modification of these terms and conditions, all transactions between ESWINDOWS and the user will be governed by the modified document. Therefore, each time the user enters the website, you should check the conditions of use, legal notifications and privacy policy in force at that time. If you are not satisfied with the website, its content, the conditions of use or legal notifications, you accept that the only available solution is to stop using the website.

Applicable legislation and jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Colombia. Any dispute arising from this document will be submitted to the competent judges in accordance with Colombian law, and both ESWINDOWs and the user expressly waive any other jurisdiction that may correspond to them based on their present or future address.

Conflicts

Any difference that arises between the User and the Company or any other party that is related to these Terms and Conditions will be subject to the final and binding decision of an arbitration tribunal before the Arbitration and Conciliation Center of the Chamber of Commerce of Barranquilla, in accordance with the following rules: (i) The court will be composed of three (3) arbitrators; (ii) The arbitrators shall be appointed by mutual agreement by the Parties from the list of arbitrators of the Arbitration and Conciliation Center of the Chamber of Commerce of Barranquilla, within a term of fifteen (15) days counted from the date on which either Party requests the other in writing the appointment of the arbitrators. In the event that the Parties, for any reason, do not reach an agreement on the appointment of the arbitrators within the aforementioned term, they will be appointed by the Chamber of Commerce of Barranquilla according to its regulations and the lists of arbitrators there. registered (iii) the internal organization, fees and fees of the court shall be subject to the rules provided for that purpose by the Arbitration and Conciliation Center of the Chamber of Commerce of Barranquilla; and (iv) in all cases, the court will rule in law and will operate in Barranquilla, at the headquarters of the Arbitration and Conciliation Center of the Chamber of Commerce of this city.

Revised: March, 2018.

© 2018. C.I. SOLAR ENERGY S.A. IS. WINDOWS All Rights Reserved.