Terms of service

The terms and conditions described here restrict access and use of the website and any other mobile application from Sibucán linked to these terms.

Permissions for the use of the site

The site and its mobile applications will be available to the user, as long as the use takes place under the conditions defined in the Terms of this contract.

User accounts and their content

To use some of the features of the site and mobile applications, the user must create an account and provide certain information. The user is responsible for maintaining the confidentiality of the password of his account, as well as all operations or activities that take place in his user account. The user is obliged to inform in case of any anomaly or unauthorized access to his account.

The user assumes all the risks associated with the content of his account and at the same time recognizes that he is solely responsible for the content published by himself. After being published, the content cannot always be withdrawn. The user declares that he owns or has the necessary permissions to use and authorize the use of his Content as described in this document.

The user accepts and acknowledges that content containing false, intentionally deceptive or defamatory material that violates the rights of third parties, including copyrights, trademarks, patents, trade secrets, privacy, advertising or any other intellectual property, must not be published; Containing material that is illegal, including hate speech or pornography.

When creating an account, the user will receive certain notifications related to the Site and its content. However, the user may choose not to receive notifications that are not of interest.

Account closure

SIBUCÁN reserves the right to close the user account without prior notice, if deemed necessary. When opening your account, the user must provide complete and accurate information, to contribute to the credibility of your account. The user will not pass for another person or use the account of another person. Likewise, the user should not create multiple user accounts. The user will not use improper, obscene and/or bullying language and will not upload any photo containing inappropriate images.

Data deletion policy

This clause sets out our policy for responding to requests for deletion of data and explains the rights of the data subject in relation to data deletion and the responsibilities of SIBUCÁN in responding with such a request.

A user of our platform has the right to request the deletion or removal of personal data where there is no compelling reason for its continued processing.

The right for data deletion and prevention of further processing applies under the following circumstances:

When the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed
When the individual withdraws consent
When the individual objects to the processing and there is no other legal ground for the relevant processing activity
When the personal data was unlawfully processed

We will delete the data related to your account upon request (via email to info@sibucan.com). The data deletion request email should contain the following subject line: Account deletion request // Username.

A user of the SIBUCÁN platform, acting on behalf of their organization, can delete data from their account whenever they wish. This data is deleted from the system immediately and cannot be recovered by any users or SIBUCÁN employees after this point. Data which has been deleted or otherwise destroyed can not be recovered at any time. Sufficient warning is given to the account administrator before data is permanently deleted.

Data may still remain in the systems back-up files, which will be deleted periodically.

Information may be deleted from our platform upon request to info@sibucan.com. Complete deletion of the data shall be completed within one month (30 calendar days) and the user will be sent a confirmation once the information has been deleted. Wherever possible, we will aim to complete the request in advance of the deadline.

Changes in the terms of service

The Terms and Conditions here defined, correspond to the most current version thereof. SIBUCÁN reserves the right to modify, as long as it deems it prudent, the terms of use of the site and mobile applications. The user accepts that access and / or use of the Site are governed by the Terms in force at the time of accessing or using the Site. The user will receive notifications, via email and / or publications on the site, related to relevant changes that the Terms and Conditions of the use and access of the Site and mobile applications may have. It is recommended that the user periodically review the Terms and Conditions defined here, since, once published, the updated versions will be binding for the user. The user understands and accepts that, if he continues to access and / or use the site, he will be accepting the most recent version of these Terms and Conditions.

Site availability

The Site may be modified, updated, interrupted, suspended or suspended at any time without prior notice or liability.

Use of the content by SIBUCÁN

Once published on the site, the user’s content on the Site can be used in different ways, including showing it publicly, incorporating it in advertisements, promoting it and distributing it. By creating an account, the user irrevocably grants perpetual, non-exclusive, royalty-free rights to use the User Content for any purpose. Please note that the users of the Site and any other means are also granted the irrevocable right to access the content associated with the use of the site. Finally, the user irrevocably waives any claim and assertion of rights associated with the use of the content published on the Site, by SIBUCÁN and its users.

Property

SIBUCÁN is the irrevocable owner of the SIBUCÁN Content that includes, visual interfaces, interactive features, graphics, design, as well as, user content and other Site Content, computer code, products and software. SIBUCÁN is also the owner of the copyrights, trademarks, service marks, trade names and other intellectual property rights (“Intellectual Property Rights”) associated with the Content of SIBUCÁN, the Site and mobile applications, which are protected for copyright, commercial image, patent, trademark.

Advertising

SIBUCÁN and its licensors may display advertisements and other information adjacent to or included with Your content. The user is not entitled to any compensation for said advertisements. The form, manner and scope of such advertising are subject to change without notice.

Other

SIBUCÁN reserves the right to remove the content of a publication that violates the Content Guidelines established in these Terms and Conditions. In the event that said content is deleted or modified, SIBUCÁN will not be obliged to retain or provide the user with copies of its content, nor do we guarantee any confidentiality with respect to its content.

Obligations

The user will not help, encourage or consent to other users using the Site and its mobile applications for the following purposes:

Publish a false or defamatory evaluation
Write or delete an evaluation in exchange for compensation
Violate the rights of third parties, including any violation of copyright, trademark, patent, trade secret, or any other intellectual property or property right
Promote fanaticism or discrimination
Use the site for commercial purposes not described or permitted by SIBUCÁN
Send mass emails, surveys or other mass messages
Violate any applicable law
Reverse engineering any part of the site
Access, retrieve or index any part of the Site in order to build or populate a database with the ability to search for commercial reviews
Take part in, encourage or facilitate hacking, password extraction or any other means
Implement actions that interfere with the proper functioning of the Site and its mobile applications
Use the site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause damage to, the Site or the Site Content
Publish false or defamatory information
Exchange, in exchange for a benefit, reviews with other users
Compensate someone or request compensation for posting, refrain from posting or deleting a review

Privacy policy

The user declares to have understood and accepted our Privacy Policy. The user’s information may be disclosed to third parties as long as the disclosure is necessary to (i) take measures to prevent and / or combat possible illegal activities; (ii) enforce or apply the Terms and Privacy Policy; (iii) comply with a legal process or other governmental investigation, such as a search warrant, subpoena, law, judicial proceeding, or other legal proceeding; or (iv) protect our rights, reputation and property, or that of our users, affiliates or the public.

Links to third parties

The user accepts that we are not responsible for the availability or content of “third party” Sites, which may be present, or be part of the content of SIBUCÁN. The use of third party sites will take place at the user’s risk and account.

Billing System

In order to maintain the highest standards of transparency, accountability, and compliance with national regulatory obligations, Sibucán ("the Platform") has established a collaboration with the National Office of Tax Administration ("ONAT") for the optimization of SIBUCÁN's billing system. This collaboration's main goal is to validate the Tax Identification Number ("NIT") of the service providers registered on the Platform and to verify the authenticity of the invoices generated through our services.

By providing a NIT, service providers must ensure that this identifier is valid and accurate upon registration and at any subsequent time that the Platform requests it. Failure to provide or keep a valid NIT updated can result in the suspension or termination of the service provider's account.

All invoices generated through the Platform will be subject to validation controls with ONAT to ensure compliance with tax regulations. This process ensures that all financial transactions conducted through SIBUCÁN are in accordance with local tax laws.

By registering and using the Platform's billing system, service providers consent to share their NIT and billing details with ONAT. Sibucán ensures that such sharing is strictly limited to the process of validating and recording the invoice, and no additional personal data will be transferred without explicit consent unless required by law.

By using the Platform, users affirm that:a. They have the legal authority to provide the NIT and other related details.b. The information provided is accurate, up-to-date, and complete.c. They understand and accept the consequences of providing false or inaccurate information, including, but not limited to, account suspension or legal actions.

Service providers are responsible for ensuring their tax compliance outside the bounds of the transactions conducted on the Platform. While Sibucán assists in compliance within its ecosystem, it does not exempt providers from their broader tax obligations.

Users are advised to periodically review this clause to ensure they are familiar with the most current version and practices.

Fees and Payment Terms

Subscription Model:a. Fees: Users who opt for our Subscription Model must pay a recurring fee, the amount and frequency of which will be communicated at the time of subscription and in subsequent communications for renewals.b. Features and Services: Subscribers may have access to additional features, services, or discounts, the specific details of which are outlined in the subscription offer and may vary among subscription levels.c. Adjustments: The Platform reserves the right to adjust subscription fees according to market conditions. Any changes in subscription fees will be communicated to subscribers at least 30 days in advance before the new fees take effect. Continued use of the subscription after such changes have been communicated constitutes acceptance of the new fees.

Commission Model:a. In the product marketplace section of the site, we charge a commission on all completed transactions between sellers and buyers. The commission fee is calculated as a percentage of the total transaction amount and is subject to change without prior notice.b. The commission fee will be automatically deducted from the seller's earnings at the time of payment. The remaining balance will be credited to the seller's account.c. The commission fee is non-refundable and non-negotiable. By using our service, sellers agree to pay the commission on all completed transactions.d. We reserve the right to suspend or cancel sellers who fail to pay the commission or engage in fraudulent activities on our platform.e. Adjustments: The commission percentage may be adjusted from time to time to align with local market conditions, operational costs, or other relevant factors. Continuing to use the Platform for transactions after changes are implemented indicates the user's acceptance of the new commission rates.

Payment Terms:a. Payment Methods: The Platform may offer various payment methods, such as Transfermóvil, Enzona, or other digital payment services. Additional charges may apply from the payment service providers.b. Late and Non-Payments for Subscriptions: Subscription fee payments are due at the start of the billing period. Failure to meet payment due dates may result in suspension or termination of the services offered under the concerned membership.

SIBUCÁN reserves the right to modify this "Fees and Payments Terms" section at any time in response to changes in our business model, market conditions, or legal requirements. We will provide notice of any changes on the Platform or by notifying registered users through their provided email addresses.

Delimitation of responsibilities

Under no circumstances, SIBUCÁN will be responsible for:

Any indirect or incidental damage that may be incurred by the user
Any loss of income, business or profits (both direct and indirect) in which the user may incur
The veracity of the business information provided by the service provider
Any damage or loss that the user may suffer as a result of any of its operations related to the website
Individual users contract directly with service providers. Sibucán is not a party to any agreement or contract between individual customers and service providers. We act to facilitate the connection and interaction between individual users and service providers, but do not act as a principal contractor for the services and there is no involvement in the payment process between those two parties. The service contract is with the service providers, not with Sibucán.

User accounts and their content

When creating an account, the user will receive certain notifications related to the Site and its content. However, the user may choose not to receive notifications that are not of interest.

Shipping and delivery

As a product marketplace, we are not responsible for shipping or delivery of products sold on our platform. Shipping and delivery are the sole responsibility of the sellers.

Sellers are responsible for providing accurate shipping information and shipping the products in a timely manner. Buyers should contact the sellers directly for any questions or concerns regarding shipping and delivery. In the vendor portal, vendor contact information is available for clients who want to inquiry about specific products and/or purchases.

We recommend that sellers use a reputable shipping carrier and purchase shipping insurance to protect against loss or damage during shipping.

In the event of a dispute between a seller and a buyer regarding shipping and delivery, we will not be held liable and will not mediate the dispute.

If a seller repeatedly fails to provide accurate shipping information or fails to ship products in a timely manner, we reserve the right to suspend or terminate the seller's account.

If you have any questions or concerns about our shipping clause, please contact our customer support team for assistance.