1. GENERAL TERMS AND CONDITIONS AND ACCEPTANCE

These general terms and conditions (the “General Terms and Conditions”) regulate the use of the internet website discoversantamarta.travel (the “Website”) that the Institute of Tourism of Santa Marta (Indetur) provides internet users.

Use of the Website gives the status of user of the Website (hereinafter, the “User”) and is an expression of a full and unreserved acceptance by the User of all the General Terms and Conditions in the version published by Indetur at the time the User accesses the Website. As a result, the User must carefully read the General Terms and Conditions whenever they intend to use the Website.

1.1. CONDITIONS OF ACCESS AND USE OF THE WEBSITE

Free access to the Website

The Website is free for Users and does not require the User’s prior subscription or registration.

1.2. OBLIGATION TO CORRECTLY USE THE WEBSITE AND THE SERVICES

The User commits to properly use the Website according to Colombian Law and the Terms and Conditions.

1.3.  MEANS OF OBTAINING CONTENT

The User must refrain from obtaining or attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, and, in general, any kind of material accessible through the Website (“Content”) using means or procedures other than those that, as the case may be, have been made available to this effect or indicated to this effect on websites where the Content is located or, in general, those that are usually used on the internet for this purpose, so long as they do not involve a risk of damage or misuse of the Website, Services and/or Content.

1.4. INTELLECTUAL PROPERTY

Modification, reproduction, publication, or transfer of any Content, or use for any purpose except as permitted by applicable law is forbidden. Likewise, it is forbidden to disassemble, or attempt by any means to break the Content’s protection.

Some of the Content is protected by copyright and trademark laws. Any unauthorized use of the Services and Content of the Website that violates the property and intellectual property rights of Indetur or third parties may lead to the corresponding legal actions being brought by the rights holders. Access to or use of this Website will not in any way imply the granting or refusal of any license, concession or right of use over any of the trademarks, names, logos, designs or Content protected by intellectual property rights.

1.5. CORRECT USE OF CONTENT

The User undertakes to use the Content diligently, correctly and legally and, in particular, undertakes to refrain from (a) using the Content in a manner, for purposes or effects contrary to the applicable law; (b) delete or manipulate the “copyright” and other identifying data of the rights of Indetur or its holders incorporated into the Content, as well as technical protection devices, fingerprints or any information mechanisms that the Content may contain; (c) to use the Content and, in particular, information of any kind obtained through the Website to send advertising, communications for direct sale purposes or for any other kind of marketing purpose, unsolicited messages aimed at mass recipients regardless of their purpose, and to refrain from marketing or disseminating such information in any way.

2. PURPOSE

Through the Website, Indetur provides Users with access to content related to Santa Marta. Indetur reserves the right to unilaterally change any content in the Website, at any time and without prior notice.

3. PERSONAL DATA

In case any services are made available, Users must provide Indetur with personal data (the “Personal Data”). Indetur will automatically process Personal Data for the purposes and under the conditions defined in any Data Protection Policy published hereon.

4. COOKIES

Indetur uses cookies when a User browses the pages of the Website. Our cookies are linked to an anonymous User only and their computer and do not provide references that allow the User’s name and surname to be identified. Indetur cookies cannot read data from your hard drive or read the cookie files created by other providers. Indetur encrypts the User’s identification details for greater security. The User has the possibility to configure their browser settings to be informed on the cookies home screen and to prevent cookies from being installed on their hard drive. Please consult your browser’s instructions and manuals to expand this information. To use the Website, the User does not need to allow cookies sent by Indetur to be installed.

5. USE OF THE WEBSITE, THE SERVICES AND THE CONTENT UNDER THE USER’S EXCLUSIVE LIABILITY

Use of the Website: access to this means that you have agreed that your use of this Website, its Content and the information contained in it will be for legitimate and legal purposes and will comply with the Terms and Conditions and all applicable laws, and, in any case, will be under your sole responsibility. In particular, the use of this Website, its Content and the information contained in the Website is limited by the following: You agree that you will not use this Website, its Content or the information contained in it, to: (a) transmit to third parties or in any way to publish information that is false, harmful, hostile, abusive, irritating, problematic, threatening, tortuous, defamatory, vulgar, obscene, pornographic, unfounded, hateful or harmful, or which do not have the necessary legal or contractual authorizations; (b) cause harm to minors or promoting or causing physical or material damage to any person or group of natural and legal persons, or to animals; (c) use the identity or personal information of persons (natural or legal) mentioned on the Website, for any purpose; (d) transmit or issue material containing computer viruses or any other code, computer program or application intended to interrupt, destroy, restrict or damage the functionality of computers, computer programs, information systems, telecommunications networks or third-party infrastructure and services; (e) intentionally or unintentionally violate or breach any applicable national, local, state or international law, including but not limited to data privacy and protection rules; (f) collect, store and manage personal data on natural and legal persons without the corresponding authorization and in breach of applicable laws; (g) execute, plan, arm, structure or carry out criminal practices or activities.

6. EXCLUSION OF GUARANTEES AND LIABILITY

6.1. EXCLUSION OF GUARANTEES AND LIABILITY FOR THE OPERATION OF THE WEBSITE AND SERVICES

6.1.1. AVAILABILITY AND CONTINUITY, USE AND FALLIBILITY

Indetur does not guarantee the availability and continued operation of the Website and the Services. When possible, Indetur will first warn of interruptions in the operation of the Website and the Services. Indetur also does not guarantee the use of the Website and the Services for carrying out any activity, or its infallibility and, in particular, that Users can effectively use the Website and the Services, access the different pages of the Website or those from which the Services are provided.

6.1.2. PRIVACY AND SECURITY IN THE USE OF WEBSITE AND SERVICES

Indetur does not guarantee the privacy and security of using the Website and the Services and, in particular, does not guarantee that unauthorized third parties may not be aware of the nature, conditions, features and circumstances of use by Users of the Website and the Services.

6.1.3 EXCLUSION OF GUARANTEES AND LIABILITY COR CONTENT

Indetur does not control or guarantee the absence of viruses or other elements in the Content that may cause changes to your computer system (software and hardware) or in the electronic documents and files stored in your computer system.

Indetur does not accept any responsibility for any kind of damage or loss resulting from the presence of a virus or other elements in the content that may cause changes to users’ computer systems, electronic documents or files.

6.1.4. LAWFULNESS, RELIABILITY AND USEFULNESS

Indetur does not guarantee the legality, reliability, and usefulness of the Content.

Indetur accepts no responsibility for any kind of damage or loss resulting from transfer, storage, provision, receipt, or access to content, in particular for damage and loss that may be due to (a) breach of the law, as a result of the transfer, storage, provision, receipt, obtainment or access to content; (b) the infringement of intellectual and industrial property rights, of business secrets, contractual commitments of any kind, the rights of honor, personal and family privacy and image of persons, property rights and other kind belonging to a third party as a result of the transfer, storage, provision, receipt, obtainment or access to content. (c) the performed of unfair competition and illegal advertising because of the transmission, provision, obtainment or access to content. (d) the lack of accuracy, relevance, or timeliness of the content. (e) disappointment of expectations generated by content; (f) non-compliance, delayed compliance, faulty compliance or termination on any grounds of the obligations undertaken by third parties and contracts entered into with third parties through or due to access to content; (g) faults and defects of any kind in the content transferred, disseminated, stored, provided or otherwise transferred or provided, received, obtained or those accessed through the website or the services.

6.1.5. EXCLUSION OF GUARANTEES AND LIABILITY FOR THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE

6.1.5.1. QUALITY

Indetur does not control or guarantee the absence of viruses or other elements in the services provided by third parties through the Website that may cause changes to your computer system (software and hardware) or in the electronic documents and files stored in your computer system.

6.1.6 EXCLUSION OF GUARANTEES AND LIABILITY FOR THE SERVICES AND CONTENT HOSTED OUTSIDE THE WEBSITE

The Website provides users with technical link devices (such as links, banners, buttons), directories and search tool to allow Users to access websites belonging to and/or managed by third parties (the “Linked Sites”). The purpose of installing these links, directories and search tools on the Website is to enable Users to search for and access the information available on the internet.

Indetur does not offer or sell, by itself or through a third party, any products, and services available on the Linked Sites. Indetur does not oversee in advance, approve, monitor or assume as its own the products, services, contents, information, data, files, products and any kind of material that exists on the Linked Sites. The User must therefore exercise caution in assessing and using the services, information, data, files, products and any type of material that exists on the Linked Sites.

7. PROCEDURE IN THE EVENT OF THE VIOLATION OF INTELLECTUAL PROPERTY RIGHTS

If any User or a third party believes that any of the Content on the Website is in violation of their intellectual property rights, they must inform Indetur, and include containing the following: (a) personal information: Name, address, telephone number and email address of the claimant; (b) authentic signature or equivalent, with the personal details of the intellectual property rights holder allegedly infringed or of the person authorized to act on behalf of the intellectual property rights holder allegedly infringed; (c) accurate and full indication of the Contents protected by the intellectual property rights allegedly infringed, and their location on the Website; (d) express and clear statement that the use of the aforementioned Content has been made without the consent of the holder of the intellectual property rights allegedly infringed; (e) express and clear declaration under the responsibility of the claimant that the information provided in the notification is accurate and that the use of the content constitutes a violation of their intellectual property rights.

These notifications must be sent to:

Indetur

Cl.15 #3-67, Casa Gauthier – Santa Marta – Colombia

atencionalciudadano@indetur.gov.co

11. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions are governed by the law of the Republic of Colombia.

PRIVACY POLICIES

Indetur must collect certain information with the aim of maintaining this Website and to allow participation in certain online activities. However, Indetur respects the privacy of its visitors and users.

1. DECLARATION OF PURPOSE

The User might be asked to provide their personal data (e.g. name, email address, etc.) to access information available on the Website and participate in the activities planned within it. These services include e-mail headlines, content alerts, competitions, open forums, voting boxes, virtual talks and conferences, and more.

By registering your details in the registration forms, you agree that Indetur will provide you with the selected services. Whenever you provide such personal data, we will process that information according to this privacy clause. Indetur will act in accordance with current legislation and will endeavor to follow best practice for internet use.

2. PROVISION OF PERSONAL DATA

When you send your personal data, Indetur complies with the legal provisions governing the use of the data. Your personal data will be stored in our system.

3. HOW WILL WE USE THE INFORMATION THAT YOU GIVE US?

We might require your name, surname, e-mail, age, contact address ( e.g. work, home, etc.), including the area where you live, street and post code. The purpose of collecting this personal information is to use it in the course of Indetur’s activities (e.g. to notify you of any event you might be interested in, and to keep you up-to-date with the activities of the products and services promoted on the Website), in case they take place and only for the purpose of completing the operation you have decided to pursue with us with regard to the services we offer.

4. HOW DO I GET IN CONTACT?

If you have any questions regarding our privacy clause and policies, please do not hesitate to write to us using the “Contact us” section. Complete the form and send us your comment, suggestion or concern.

If you have any questions or queries, please contact us.