Terms and conditions
YOU MUST READ CAREFULLY THE FOLLOWING INFORMATION BEFORE USING THE WEBSITE HTTPS://ESPARAEXTRANJEROS.COM/.
The use of this digital publication and its content is subject to the terms and conditions of use outlined in this document. The following terms and conditions establish a legal relationship between individuals who enter, visit, or use the website https://esparaextranjeros.com/ and Juliana Díaz Rueda, of legal age, residing in Bogotá D.C., Cundinamarca Department, Republic of Colombia, as the owner thereof. By accessing, navigating, or using this website, you declare and acknowledge that you have read understood, and agree to comply with the terms and conditions established herein, in addition to observing and complying with all international regulations related to the use of websites, the provision of personal data, cookies, intellectual property protection, and electronic commerce, as specified below. If you do not accept the terms and conditions expressed in this document, you should refrain from using the website and its content and should exit or abandon navigation therein.
The User agrees that Juliana Díaz Rueda may, without prior notice and at any time, review and modify these terms and conditions, as well as any other information contained on this website so that the visitor or User undertakes to read and accept the regulations expressed in this document whenever they access or use the website https://esparaextranjeros.com/.
I. Definitions.
To interpret the terms and conditions outlined in this document, as well as any other contractual agreement generated between the User of the website and Juliana Díaz Rueda, the following terms are defined as follows:
Website Administrator and Owner: The individual who owns the website https://esparaextranjeros.com/, is responsible for producing, incorporating, controlling, modifying, regulating, and generally administering the digital content on the website.
Self-Directed Learning: The opportunity for a natural person who accesses the website https://esparaextranjeros.com/ to learn the Spanish language or any other language offered on the website in a self-directed and independent manner, through the consultation, study, and use of pedagogical materials, hereafter referred to as “Content,” made available on the website for this purpose, upon payment of access to such content.
Blog: A virtual space in which the administrator may include content related to the teaching of the Spanish language or any other language, academic events, tips, cultural events, and tourist events for pedagogical and learning purposes, among others. Access to the information published on the blog is free.
Course: An activity conducted by individuals with knowledge and pedagogy for teaching the Spanish language or any other language, hereafter referred to as a “Tutor,” aimed at teaching language skills in the language chosen by the natural person accessing the website https://esparaextranjeros.com/ and contracting the provision of an education service for work and human development, hereafter referred to as “User.” Through the course, the Tutor will provide information and teachings on grammar, writing, conversation, and pronunciation using teaching methodologies defined by the Administrator. The Tutor may use various pedagogical and technological tools to transmit information, personal experiences, advice, recommendations, or suggestions to Users of the website to enhance language understanding and learning. The courses will include presentations that may consist of text, audio, or video, which the User can access on the website in exchange for the price indicated for each course. The presentations may be delivered in real-time or through the retransmission of previously recorded content.
Cookie: A file sent by a web server to the User’s computer, smartphone, or tablet, allowing the website to check the User’s previous activity, registration information, or preferences.
E-commerce: A set of commercial activities involving computer data transmission for the conclusion of contracts between individuals or for activities related to the same.
Education for Work and Human Development: Education for work and human development is part of the public education service and serves the educational purposes established in Article 5 of Law 115 of 1994 of Colombia. It is offered to complement, update, and provide knowledge, and training in academic or work-related aspects, leading to the obtainment of certificates of occupational aptitude. It includes lifelong, personal, social, and cultural education, based on a comprehensive concept of the individual, organized by an institution in an institutional educational project, and structured in flexible curricula not subject to the levels and grades system of formal education.
Forum: A virtual space for asynchronous language learning discussions in which Users of the website participate by asking and answering questions, sharing personal experiences, or providing their opinions on language-related topics. The administrator may or may not participate in forum discussions and will be identified as “admin” or “administrator.”
Trademark: The distinctive mixed sign known as “ES PARA EXTRANJEROS” that appears on the website owned by the natural person Juliana Díaz Rueda, and other distinctive signs identifying goods or services appearing on the website https://esparaextranjeros.com/ belonging to Juliana Díaz Rueda or third parties.
Data Message: Information generated, sent, received, stored, or communicated electronically.
Electronic Payment Operator: A legal entity responsible for processing payments made by the User through the website, using a credit or debit card (PSE).
Parties: The Parties are the User who accesses, uses, and navigates the website https://esparaextranjeros.com/ and the natural person Juliana Díaz Rueda, who become legally bound through the User’s acceptance of the terms and conditions outlined in this document.
Resources: The digital content published on the website is presented to the User in text, audio, or video format, owned by Juliana Díaz Rueda or third parties.
Website: Corresponds to the internet page with all its content and constituent elements hosted on the domain https://esparaextranjeros.com/.
Terms and Conditions: The set of rules, obligations, duties, rights, powers, prohibitions, and sanctions to which the Parties, and especially the User, are subject, governing access, registration, use, and navigation on the website provided by Juliana Díaz Rueda. When the User decides to accept the terms and conditions, a legal relationship called a “contract” is established with Juliana Díaz Rueda, and consequently, the User commits to complying with every rule and regulation outlined in this document.
User: The person who accesses, uses, or navigates the website https://esparaextranjeros.com/, either paying to participate in a real-time course or for access to content for self-directed learning or accessing the website for informational purposes without purchasing the digital content offered on the website.
II. Purpose and Scope of the Website https://esparaextranjeros.com/
The purpose of the website is to offer the general public, and especially foreigners, services for education work and human development through the teaching of the Spanish language or any other language chosen by the User. The website will provide classes on grammar, writing, conversation, and pronunciation in the Spanish language or any other language, conducted by individuals with knowledge and pedagogy in language teaching called Tutors. These Tutors may use various pedagogical and technological tools to transmit information, personal experiences, advice, recommendations, or suggestions to Users of the website to enhance language understanding and learning.
When the User pays for a course or the services of a Tutor, they understand and accept that a legal consumer relationship arises solely between the User and the Tutor. Consequently, they release Juliana Díaz Rueda from any liability, and if the User is not satisfied with the contracted service, they must claim or demand a warranty for the course or service provided directly by the Tutor, to have the Tutor provide the service as acquired or refund the price paid by the User.
The User understands and accepts that Juliana Díaz Rueda only provides technological intermediation services to connect Users with Tutors. Therefore, the responsibility for the adequacy, quality, and timeliness of the teaching service or pedagogical support lies with the Tutor and not with Juliana Díaz Rueda.
III. Website Administrator and Owner and Procedure for Intellectual Property Infringements
1. Website Administrator and Owner
The website administrator and owner of https://esparaextranjeros.com/ is the natural person Juliana Díaz Rueda. The ownership of the website includes the internet domain, the personal brand or distinctive sign “ES PARA EXTRANJEROS,” the design, organization, and setting of the web page, texts, graphics, illustrations, photographs, audio, videos, software, licenses for other brands, patents, databases, moral and patrimonial author rights, and, in general, any digital content generated and published by the owner, except texts, graphics, illustrations, photographs, audio, videos, and software belonging to third parties. Using the website does not grant the User ownership of any of the assets mentioned above. Users can contact the owner through the contact form provided on the website or via email at hola@esparaextranjeros.com.
2. Procedure for Intellectual Property Infringements
Juliana Díaz Rueda respects and promotes the protection of the intellectual property rights of third parties. However, content belonging to third parties may be inadvertently and without bad faith published on the website from time to time. For this reason, Juliana Díaz Rueda has established the following procedure for reporting content that infringes the rights of third parties. If you find content on the website that you believe violates your rights, please send a written communication to the email address hola@esparaextranjeros.com. Please include the following information in the communication:
- A clear and detailed description of the content considered to be violating your rights. In case there are multiple works on the page or URL, this description should be sufficient to identify which specific work is infringing your rights.
- An explanation of how the mentioned content infringes your rights. If you have documents demonstrating your ownership of these rights, please attach a copy.
- A declaration, made under penalty of perjury, that the information provided in your communication is accurate.
- Your contact information, including your name, identification, postal and email address, phone, mobile, etc.
Please be aware that if the information provided in your communication is incorrect, Juliana Díaz Rueda assumes no responsibility for the consequences of your request. Consequently, you should be aware that by submitting your communication, you assume any damages that may be caused to third parties in good faith or who are genuinely the holders of intellectual property rights. Juliana Díaz Rueda will review the case, and if it finds merit in your complaint, it will proceed to remove the material.
IV. Registration, Costs, Purchases, and Billing Conditions
1. Registration Conditions
- The resources offered on the website are intended for individuals over 18 years of age. By accepting the terms and conditions, the User confirms that they are already 18 years old.
- The official language of the website for all legal, advertising, and commercial purposes is Spanish.
- Users have the option to register on the website for free. During the registration process, you will be asked to provide your full name, email address, and a password of your choice. The data provided by the User will be protected by the website’s administrator as indicated in the privacy policy.
- User registration on the website implies that you are aware of and agree to the terms and conditions, privacy policy, and cookie policy.
- The User is responsible for providing their own computer equipment, electronic device, software, browser, and internet connection required to access the website and its digital content. Juliana Díaz Rueda will have no responsibility for any issues or problems related to the computer equipment, electronic device, software, browser, or internet connection used by the User.
- When a User registers, they can access the website’s content with their email and password. The User is obligated not to share their User and password with third parties, as they are for exclusive use.
- The User has the authority to delete their registration on the website at any time and may provide the reason for that decision.
2. Costs
The User may find various digital content or resources on the website, some of which may be free, while others may have a cost. In the case of paid content, the price will be indicated at the bottom of the User’s content of interest or the beginning of the payment process.
3. Purchase, Payment, and Billing
- Access to self-paced learning courses or digital content requires the User to have a broadband internet connection, which will not be provided by Juliana Díaz Rueda under any circumstances.
- Users who have purchased the right to access a course or digital content through payment will have a virtual space on the website where they can access the course or digital content materials, as well as the purchase invoice.
- The courses or digital content offered on the website will be available exclusively to Users who pay a fee. Prices are indicated in the description of the respective course or content. Prices will include the legal VAT corresponding to the User’s country. Users may also have the opportunity to view some sample or promotional videos, identified with a symbol, to encourage the purchase decision.
- To acquire the right to view a course or digital content, the User must follow these steps: (i) Select the desired course or digital content and add it to the shopping cart; (ii) Go to the shopping cart and provide the required billing information; (iii) Select the preferred payment method, (iv) Explicitly accept the terms and conditions and privacy policy, and (v) Finally, complete the order process. If you are already registered and logged in with your access data, the previously entered data will be used, and the order process will be shortened. Once the payment method is approved, your access to the course or digital content will be activated. The User acknowledges and accepts that payments are made through an electronic payment operator, whose service usage conditions must be known and accepted by the User.
- After completing the order process, the User must make the payment through the various options provided in the form. Once the payment is confirmed, you can log into the website with your User and password, access the course or digital content, and also view or download your purchase invoice.
- The User declares and accepts that, once the purchase is made, they have no right to a refund of the paid money because the purchase is the result of a conscious and informed decision about the utility and convenience of the service acquired on the website. Consequently, the parties agree that the User may not withdraw from the purchase.
- You acquire the right to view the course or access digital content for the time defined on the website https://esparaextranjeros.com/, but you do not have the right to download it to your computer or any other electronic storage device.
V. Available Resources for Users.
1. Blog
A virtual space where the administrator can post content related to the teaching of the Spanish language or any other language, academic events, tips, cultural events, and educational or learning purposes, among others. Its content will be free and may contain graphical or theoretical material authored by the website’s administrator or third parties. The User agrees to comply with the following rules:
- Posting spam or self-promotion on the blog is not allowed.
- Posting spam on the blog with links to other websites or products, or promoting your website, business, forum, etc., is not allowed. If done, Juliana Díaz Rueda reserves the right to temporarily or permanently suspend your account or registration if this rule is continuously violated.
- Posting material that infringes on copyright or for which you do not have a license or authorization for redistribution is prohibited.
- Publishing content that may be offensive, malicious, racist, sexist, discriminatory, obscene, vulgar, or in violation of the civil laws of the User’s country of origin or international norms applicable to the User’s country of origin is prohibited.
- Users must be respectful to other Users and the administrator, even if they do not share the ideas or ideological stances expressed in the blog.
- It’s essential to remember that comments made on the blog may be recorded and stored in multiple places, both on the website and elsewhere on the internet, which may remain accessible for a long time, and there is no control over who will eventually read them. Therefore, the User needs to be cautious and selective about the personal information they disclose or share with others, especially not disclosing intimate or sensitive, proprietary, or confidential information.
- Attacking, insulting, degrading, or belittling other Users or the website’s administrator is not allowed.
- Sending data messages containing a virus, spyware, or other harmful components, advertising, chain letters, or any kind of pyramid schemes, or content that constitutes or contains false or misleading statements of origin, endorsements, or facts is prohibited. Users are also obligated not to impersonate any other person or entity, whether real or fictional, including anyone affiliated with the website nor can they offer to buy or sell any product or service through their comments on the blog. The User is responsible for the content and consequences of any of their activities.
- Users must report any posts that violate the blog’s rules to the website’s administrator through the contact form. This report will be evaluated by the website’s administrator, who is authorized to suspend or prohibit the participation of Users who violate the behavioral rules.
- If a rule is violated, the User will receive a warning or their access may be banned directly. The ban on accessing the User’s account can be temporary or permanent.
2. Forum
The forum is a virtual space for asynchronous language learning discussion in which website Users participate by asking questions, providing answers, sharing personal experiences, or expressing their opinions on language-related topics. The administrator may or may not take part in forum discussions and will be identified as “admin” or “administrator.” Users are obligated to adhere to the following rules:
- Posting spam or self-promotion in the forum is not allowed.
- Posting spam in the forum with links to other websites or products or promoting your website, business, forum, etc., is not allowed. If done, Juliana Díaz Rueda reserves the right to temporarily or permanently cancel your account or registration if this rule is continuously violated (the moderation team will make the decision).
- Posting material that infringes on copyright or for which you do not have a license or authorization for redistribution is prohibited.
- Publishing content that may be offensive, malicious, racist, sexist, discriminatory, obscene, vulgar, or in violation of the civil laws of the User’s country of origin or international norms applicable to the User’s country of origin is prohibited.
- Users must be respectful to other Users, even if they do not share the ideas or ideological stances expressed in the forum.
- Users should strive to ensure that their posts or opinions are supported by reasonable and verifiable arguments. You have every right to disagree with other community members and to explain your perspective.
- It’s important to remember that comments made in a forum may be recorded and stored in multiple places, both on the website and elsewhere on the internet, which may remain accessible for a long time, and there is no control over who will eventually read them. Therefore, the User needs to be cautious and selective about the personal information they disclose or share with others, especially not disclosing intimate or sensitive, proprietary, or confidential information.
- Attacking, insulting, degrading, or belittling other Users or the website’s administrator is not allowed.
- Sending data messages containing a virus, spyware, or other harmful components, advertising, chain letters, or any kind of pyramid schemes, or content that constitutes or contains false or misleading statements of origin, endorsements, or facts is prohibited. The User is also obligated not to impersonate any other person or entity, whether real or fictional, including anyone affiliated with the website nor can they offer to buy or sell any product or service through their comments in the forum. The User is responsible for the content and consequences of their activities.
- Users should report any posts that violate the forum’s rules to the website’s administrator through the contact form. This report will be evaluated by the website’s administrator, who is authorized to suspend or prohibit the participation of Users who violate the behavioral rules.
- If a rule is violated, the User will receive a warning or their access may be banned directly. The ban on accessing their User account can be temporary or permanent.
3. Courses
The courses consist of activities conducted by individuals with expertise and pedagogy in teaching the Spanish language or any other language, hereinafter referred to as “Tutor,” aimed at teaching language skills in the language chosen by the natural person who accesses the website https://esparaextranjeros.com/ and contracts the provision of an education service for work and human development, hereinafter referred to as “User.” Through these courses, the Tutor will provide information and teachings on grammar, writing, conversation, and pronunciation through teaching methodologies that will be freely defined by the Administrator. The Tutor may use all types of pedagogical and technological tools to convey information, personal experiences, advice, recommendations, or suggestions to Users of the website to facilitate a better understanding and learning of the language. The courses include presentations that may consist of text, audio, or video content, which the User can access on the website in exchange for the price specified for each course.
The User is obligated to follow the following rules:
- The User and the Tutor will directly agree on the schedules and the number of hours they want to take.
- The price and payment method will be freely agreed upon between the User and the Tutor, regardless of the membership they have acquired on the website.
- Since the course is linked to the membership offered on the website, the availability of books and study materials depends on the periodic payment that grants access to them.
4. Self-study Learning Materials
These are the materials or digital content for Users to learn the Spanish language or any other language independently and self-guided through the consultation, study, and utilization of these materials, with the possibility of additionally hiring the services of a Tutor.
5. Events
The administrator may organize special events that consist of talhks delivered by the administrator, guests, or professionals who are specialists in various subjects. These events will have an academic, scientific, or technical focus, to enable Users to gain knowledge or supplement the information they have acquired through their personal experiences. These events will be held virtually, and the website will provide information about the topics to be presented, dates, and schedules, as well as whether they are free or paid. If the User chooses, they can click the “I’m interested” button, which will sign them up to receive a reminder about the event. Towards the end of the event, there may be a question and answer session.
VI. Limited License and Access to Information
The User can access and view the content of the website from their computer or any other electronic device. The use of the website and the services offered on or through the website is for personal, non-commercial use, and you will have access to the information, courses, or content for the duration specified at the time of purchase or payment.
VII. Prohibited Uses
Any distribution, publication, or commercial or promotional exploitation of the website or any of the contents, codes, resources, data, or materials on the website is strictly prohibited unless you have received prior express written permission from Juliana Díaz Rueda. Unless expressly permitted in this document, the User may not download, report, display, hack, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any of the contents, codes, resources, data, or materials on or available through the website. The User also agrees not to alter, edit, delete, remove, or otherwise change the meaning or appearance of, or change the purpose of, any of the contents, codes, data, or materials on or available through the website, including, without limitation, altering or removing any trademark, registered trademark, logo, service mark, or any other proprietary content or notice of ownership rights. The User acknowledges that they do not acquire any ownership rights when downloading copyrighted material from or through the website.
VIII. Trademarks
The trademarks, logos, service marks, and registered trademarks (collectively, the “Trademarks”) displayed on the website or in the content available through the website are either trademarks owned by Juliana Díaz Rueda or third parties and may not be used concerning products and/or services that are not related, associated, or sponsored by their owners and that may cause confusion among customers, or in any manner that denigrates or discredits their owners. All trademarks other than those of Juliana Díaz Rueda that may appear on the website or through the website’s services, if any, are the property of their respective owners. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Juliana Díaz Rueda or the third-party owners of such Trademark. Misuse of Trademarks displayed on the website or through any of the website’s services is strictly prohibited.
IX. Cookies
This website uses both its own and third-party cookies. Please note that the use of cookies will optimize your experience on this website.
1. What are cookies: A cookie is a file that is downloaded to the User’s computer/smartphone/tablet when accessing certain web pages.
2. Purposes of cookies: Juliana Díaz Rueda will use cookies for a. Determining your browsing preferences; b. For promotional, commercial, and advertising purposes; and c. For statistical purposes, among other purposes.
3. Acceptance of cookie usage: By accepting these terms and conditions, the User agrees that Juliana Díaz Rueda may use cookies for the purposes stated here. Continued use of the website will be understood as acceptance of the terms and conditions and, consequently, the use of cookies.
4.Cookie settings: You can configure your browser to notify you and reject the installation of cookies sent by the website, without preventing your access to the content. However, please note that disabling the use of cookies may result in reduced website functionality.
X. User Information
During your use of the website and/or the services made available on or through the website, you may be asked to provide certain personal information. The policies regarding the use and collection of information by Juliana Díaz Rueda regarding the data provided by the User are established in the Privacy Policy of the website, which is incorporated into the same as a reference for all purposes. The User acknowledges and accepts sole responsibility for the accuracy of the content of the information they provide to Juliana Díaz Rueda.
XI. Information or Documents Sent by the User
The User will not be asked for any confidential, secret, or proprietary information through the website, email, or any other means of communication. Any information, academic work, research, demonstration, idea, suggestion, concept, method, system, design, plan, technique, or any other material that the User has submitted or shared through email, the blog, or the forum will be considered non-confidential or non-secret and may be used by the website administrator within the limits provided in the Privacy Policy. Therefore, the User declares: (i) that they guarantee that the information submitted or shared is their own, and no other person has any rights to it, and (ii) that they grant the website administrator a royalty-free, unrestricted, fully transferable right and license, which can be assigned and sublicensed, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and incorporate any of the information or documents sent by the User in any form, medium, or technology known or yet to be developed, including promotional and/or commercial purposes.
XII. Indemnity
The User shall hold Juliana Díaz Rueda and her officers, employees, agents, representatives, or content providers posted on the website harmless from any demand, liability, legal action, costs, and expenses of any nature, including attorney’s fees, that may be caused or arise from direct and indirect damages, actual damages, lost profits, and any other type of damage that may be caused by the User’s improper or fraudulent use of the website or their username and password. Consequently, the User agrees with Juliana Díaz Rueda to reimburse or immediately pay any sum, cost, or harm that Juliana Díaz Rueda has paid, is required to pay, or has suffered due to claims or demands, including but not limited to judicial or extrajudicial expenses, arbitration, attorney’s fees, expert fees, fines or administrative penalties, compensation for contractual or non-contractual civil liability. Acts attributable to the User, without being limited to them, include using or publishing content or works of third parties without having authorization or a license from the owner to use them; causing panic, threatening, or attacking other Users of the website; attempting hacking, phishing, pharming, or blocking the website, and, in general, any violation of the obligations contained in the terms and conditions or the laws applicable to this agreement.
XIII. Disclaimer of Warranties
The User understands and agrees that all the information, resources, content, features, and materials provided through the website are presented “as is,” “as made available,” without any warranty of any kind, whether express or implied, including, without limitation, any warranty of information, data, data processing services, unlimited or uninterrupted access, any warranty regarding availability, accuracy, precision, correctness, completeness, utility, or content of the information, and any warranty of title, non-infringement, merchantability, or fitness for a particular purpose. Therefore, the User waives any such warranties, express and implied. Juliana Díaz Rueda does not warrant that the website or the services, content, features, or materials provided through the website or by the Tutors will be timely, secure, uninterrupted, or error-free, or that defects will be corrected. There is also no warranty that the website or the services provided will meet User requirements. No advice, suggestion, recommendation, or information, whether written or audiovisual, that you obtain through the website will create any warranty that has not been expressly established in this document. Juliana Díaz Rueda also assumes no responsibility and shall not be liable for any damage or any virus that may infect your computer or electronic device due to your access to, use of, or browsing on the website or downloading any materials, data, text, images, video content, or audio content from the website. If the User is not satisfied with the information or publications contained therein, they are advised to inform the website administrator to evaluate the proposed suggestions. In any case, the User may stop accessing or using the services offered on the website whenever they see fit.
Juliana Díaz Rueda endeavors to ensure that the information published on the website is correct and up-to-date; however, she reserves the right to change or make corrections to any information provided on the website at any time and without prior notice. Juliana Díaz Rueda does not endorse or is not responsible for the accuracy or truthfulness of any opinion, recommendation, suggestion, advice, or statement on the website, nor is she responsible for any offensive, defamatory, obscene, indecent, illegal, or violative publication made by other Users of the website. It is the sole responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, recommendation, suggestion, advice, or other content available through the website. If the User has doubts or concerns about the information contained on the website, they are advised to inform the website administrator to evaluate them. In any case, they should seek professional advice in the areas of the subjects discussed on the website.
When the User pays for a course or the services of a Tutor, they understand and accept that a legal consumer relationship arises solely and exclusively between the User and the Tutor. Therefore, they release Juliana Díaz Rueda from all liability, and in case the User is not satisfied with the contracted service, they must directly claim or demand from the Tutor the guarantee of the course or service provided, so that the Tutor provides the service as leased or refunds the price paid by the User.
The User understands and accepts that Juliana Díaz Rueda only provides technological intermediation services to connect Users with Tutors. Therefore, the responsibility for the quality, timeliness, and suitability of the teaching service or pedagogical support rests with the Tutor, not Juliana Díaz Rueda.
XIV. Limitation of Liability
The parties agree that neither Juliana Díaz Rueda nor any of her officers, employees, agents, representatives, or content providers posted on the website will be liable for direct, indirect, special, incidental, consequential damages, as a result of, or directly or indirectly related to, the use of, or the inability to use the website or the content, materials, and features related to it. The User is aware of this limitation of liability and, therefore, waives any judicial or arbitral claims aimed at seeking compensation from Juliana Díaz Rueda or any of her officers, employees, agents, representatives, or content providers posted on the website because the User knows and acknowledges that the resources and content posted on the website are not and should not be considered professional, technical, medical, or psychological advice and are not intended to replace consultation with a professional in the areas of the subjects discussed on
XV. Photosensitive Seizures.
A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that can appear in advertising banners or visual presentations on the website. Even individuals with no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” when exposed to this type of electronic content. These seizures can have a variety of symptoms, including dizziness, disorientation, confusion, momentary loss of consciousness, eye or facial twitching, altered vision, or jerking of arms or legs. If the User experiences any of the aforementioned symptoms or if you or your family has a history of seizures or epilepsy, you should immediately stop using the website and consult a physician.
XVI. Website Modifications
Juliana Díaz Rueda may terminate, change, suspend, or discontinue any aspect of the website or its content at any time. Juliana Díaz Rueda may also restrict, suspend, or terminate the User’s access to the website and/or its content if she believes that the User is in breach of the terms and conditions or applicable law or for any other reason without notice or liability.
XVII. Taxes
The User acknowledges awareness of the tax regulations and foreign exchange provisions applicable to purchases made on the website. The electronic payment operator will collect the applicable taxes from the payments made by the User, if necessary. In any case, if taxes are collected, this will be informed to the User at the time of payment, and will be itemized on the invoice, and Juliana Díaz Rueda undertakes to transfer them to the relevant tax authorities.
XVIII. Applicable Laws
The legal relationship arising between the User and Juliana Díaz Rueda will be governed by the laws of the Republic of Colombia. In this context, the rules on the protection of industrial property are those contained in Decision 486 dated September 14, 2000, of the Andean Commission, which can be consulted at: http://www.wipo.int/edocs/lexdocs/laws/en/can/can012en.pdf; the sale of goods and services will be governed by the provisions of the Commercial Code sanctioned through Decree 410 of March 27, 1971, which can be consulted at: http://www.secretariasenado.gov.co/senado/basedoc/codigo_comercio.html; e-commerce provisions will be regulated by Law 527 of August 21, 1999, which can be consulted at: http://www.secretariasenado.gov.co/senado/basedoc/ley_0527_1999.html; and the protection of personal data will adhere to the provisions of Law 1581 of October 17, 2012, which can be consulted at: http://www.secretariasenado.gov.co/senado/basedoc/ley_1581_2012.html.
In the event that there is a gap in Colombian law, the parties agree to apply the lex mercatoria subsidiarily, composed of the following rules and in the following order: United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, which can be consulted at: https://www.uncitral.org/pdf/english/texts/sales/cisg/V1057000-CISG-E.pdf; United Nations Convention on the Use of Electronic Communications in International Contracts of November 23, 2005, which can be consulted at: http://www.wipo.int/edocs/trtdocs/en/uncitral-uecic/trt_uncitral_uecic.pdf; UNIDROIT Principles of International Commercial Contracts 2010, which can be consulted at: https://www.unidroit.org/english/principles/contracts/principles2010/blackletter2010-english.pdf; and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), which can be consulted at: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679.
XIX. Social Media
Juliana Díaz Rueda may share the information contained on her website through social networks such as Facebook, Twitter, Instagram, TikTok, or any other. The interactions between the User and Juliana Díaz Rueda, in addition to the terms and conditions that apply to each of these social networks, which the User declares to be aware of, will be subject to the rules of participation and behavior provided in this document. Violation of such rules within any social network by the User will give Juliana Díaz Rueda the right to apply the sanctions stipulated here.
XX. Arbitration Clause for Dispute Resolution
Any dispute, difference, or controversy related to these terms and conditions or arising from them will be resolved by an arbitral tribunal that will function in the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce, according to the following rules:
- The tribunal will adhere to the Rules of International Commercial Arbitration of the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce.
- The tribunal will be composed of one (1) arbitrator designated by the parties, for which they will have a maximum period of five (5) business days to appoint. If it is not possible to appoint an arbitrator, the arbitrator will be designated by the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce at the request of either party.
- The tribunal will decide on points of law.
- The language of the arbitration will be Spanish. The seat of the arbitration will be located at Calle 67 No. 8-32, Bogotá, D.C.
- The substantive law of the dispute will be as indicated in these terms and conditions.
These terms and conditions were prepared on October 12, 2023.