Welcome to Rénové.io!

In this document you will find our terms and conditions (the "General Terms and Conditions") applicable to the use of the services offered (the "Services") by Renove.io S.A.S., a commercial company duly existing in accordance with the laws of the Republic of Colombia and identified with the NIT No. 901.419.023 - 8 ("Renove.io") within the digital platform Renove.io (the "Site"). Following the foregoing, if you wish to access and/or use the Site and/or the Services, you may do so as a User subject to the General Terms and Conditions, along with all other policies and principles governing the Site and which are incorporated herein by reference.

Please note that these General Terms and Conditions are mandatory, being understood as accepted with the entry to the Site and / or to make use of the Services, so before registering as a User please read carefully all the conditions set out in this document and in the Policy of Treatment of Information, as it is your duty and responsibility to do so.

 

1. Legal Capacity

 

Our Services are only available to persons who have legal capacity to contract in accordance with applicable Colombian law, i.e., those over 18 years of age. Therefore, if you are a minor or have been temporarily or permanently suspended from the Site by Renove. io , you will not be able to use the Site Services.

 

2. Registration

 

As a User, it is mandatory that you complete the registration form in all fields with valid data in order to use the Services provided by the Site. You must complete all of the personal information we ask you to provide accurately, precisely and truthfully ("Personal Data"). By doing so, you agree as a User to update your Personal Data as necessary.

 

We, as the Site, reserve the right to request any additional proof and/or data in order to corroborate the Personal Data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed. In cases of definitive suspension, all articles published by Users will be deleted, as well as offers made by other Users, without this generating any right to compensation.

 

You, as a User, may create one or more access accounts ("Account(s)" or "Accounts") by entering your nickname(s) and chosen personal password(s) ("Password"), with respect to which you agree to maintain strict confidentiality. Additionally, we emphasize that the Account (or Accounts) is personal, unique and non-transferable, so that in the event that the Site detects any inconsistency it may cancel, suspend or disable it.

 

In this sense, you, as a User, will be responsible for all transactions made from your Account, since access to it is restricted to the entry and use of your Password. Likewise, you agree to comply with current tax regulations, avoiding any maneuver that could involve the laundering of assets from the crimes of tax evasion, smuggling or any other crime under Colombian law involving tax fraud.

 

Likewise, you, as User, agree to notify the Site immediately and by suitable and reliable means, any unauthorized use of your Account, as well as the entry by unauthorized third parties to the same, clarifying that the sale, assignment or transfer of the Account under any title is prohibited.

 

Finally, we, as a Site, reserve the right to reject any registration request from a User or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for our decision and without giving rise to any right to compensation or indemnification.

 

3. Amendments to the Agreement

 

We as a Site may modify the General Terms and Conditions at any time by making public on the Site the modified terms and conditions, which will become effective ten (10) calendar days after their publication. Likewise, such modifications will be communicated by Renove.io to all its Users through your Account notifications. Therefore, any User who does not agree with the modifications made by Renove.io may request the cancellation of his or her Account and consequently, the dissolution of the contractual link acquired through the acceptance of these General Terms and Conditions. Once the period of ten (10) calendar days from the publication and notification of the modifications of the General Terms and Conditions has expired, we will legally understand that you, as a User, have accepted the new and modified terms and conditions of the Site.

 

4. Scope of Services of the Site and Renove.io

 

Through the acceptance of the present General Terms and Conditions, you, as User, recognize and accept that no contract of society, mandate, franchise, or labor relationship is created between you and Renove.io. Also, it is recognized and accepted that Renove.io is not a party in any operation or transaction that takes place within the Site or through information obtained from other Users of the same. Therefore, as a User you agree to expressly acknowledge that neither the Site, nor Renove.io have any control over the quality, safety or legality of the Goods and Products advertised, the truthfulness or accuracy of the ads or third parties content, or the ability of Users to transfer or acquire the Goods and Products . This, since the interactions, operations or transactions that are developed in the Site are exclusive responsibility of the Users, reason why we, as Renove.io, do not assume any responsibility for the underlying transactions of funds, nor for the actions or the identity of the recipient User or issuer of the transfer. Based on the foregoing, you, as a User, agree and acknowledge that you, and the User with whom you advance any transaction, shall settle any dispute relating to funds, the accuracy of claims or the disposition of payment.

 

5. List of Services

 

The Site operates as a social network that fosters a community interested in second-hand fashion and facilitates contact between Users who will be divided, as the case may be, between potential sellers (the "Seller User" or the "Seller Users") and potential buyers (the "Buyer User" or the "Buyer Users"), of second-hand goods and products in the following categories: (i) clothing, footwear and accessories; (ii) art; (iii) music; and (iv) books (the "Goods and Products"). In this sense, as the Site is a meeting point between Buyer Users and Seller Users, it is emphasized that neither the Site nor Renove.io participate in the operations that are carried out between them, therefore, the parties involved will be responsible, as they determine, for all the obligations and tax charges that correspond to the transfer, shipment and delivery of the Goods and Products, without the Site or Renove.io being held responsible for any type of responsibility for non-compliance in this sense.

 

By way of clarification, it is established that the transfer of the Goods and Products shall not be limited to the purchase and sale of the same, so that through the Site the Buyer Users and Seller Users may contact each other to advance the relevant and necessary negotiations to ensure between them and making use of their freedom of disposition of the Goods and Products, the transfer of the same through the legal figure they choose, such as sale, donation, exchange, or what the parties involved agree.

 

5.1. Sellers users

 

For the development of the Services provided by the Site, the Selling Users will publish in their Site Account the photographs of the Goods and Products they wish to have, and may also include descriptive texts, graphics, other contents and the pertinent conditions for the transfer of the Goods and Products, provided that they do not violate any provision of these General Terms and Conditions or the applicable Colombian legislation. With the publication of the Goods and Products in the Account, the Users of the Site acknowledge and accept that the Selling Users express to be legally capable and have the intention to transfer them in any title for being their property, or being duly empowered to dispose of them by their owner, having them also available for immediate delivery or for the term specified in the publication of the Account. Likewise, the Selling Users accept and acknowledge that, when advertising Goods and Products in their Accounts, they comply with all the relevant regulatory obligations and have the registrations, authorizations, permits and/or authorizations required by the applicable regulations for the transfer of the Goods and Products offered.

 

5.2. Buyer Users

 

For the development of the Services provided by the Site, Buyer Users may freely access the Accounts of all Seller Users and view their publications on the Goods and Products that the latter wish to have. Once the Buyer Users acquire interest in acquiring any or some of the Goods and Products advertised by the Seller Users, they may, at their sole discretion, contact the Buyer Users through the means enabled on the Site or through the communication channels provided by each of the Seller Users, to initiate the negotiations that the parties consider relevant to achieve the transfer of the Goods and Products.

 

 

6. Price and transfer of Goods and Products

 

In the development of the Services provided by the Site, the Seller Users may publish in their Accounts the Goods and Products that they have the intention and legal capacity to transfer, and must include in these publications the price of the Goods and Products with the legal taxes that apply when the application of the same is applicable due to the onerous nature of the transfer, and in legal tender currency.

 

Due to the nature of the Services of strict intermediation offered by the Site, Users must advance all the necessary steps to contact once they intend to advance the transfer, through the legal figure of their choice (sale, donation, exchange, or whatever the parties involved agree), of the Goods and Products. To this effect, the Sellers Users are urged to include in the description of their publications in their Accounts the contact information they consider necessary to successfully advance the relevant negotiations with the Buyer Users.

 

7. License to images, photographs, trademarks and information on the Goods and Products.

 

With the acceptance of these General Terms and Conditions the Users authorize the Site and Renove.io the use, publication, reproduction and/or adaptation of the images and photographs included in its publications, its commercial name, trademarks, advertising phrases, logos, designs, drawings, images and any other distinctive sign that identifies the Users and their Goods and Products. Therefore, it shall be the obligation of each of the Users and in particular of the Seller Users to include in the publications of their Accounts the images, photographs and trademarks, in an updated manner, including those warnings that are required by the applicable legislation for the transfer or advertising of the Goods and Products.

 

In particular, the Users grant Renove.io a free, irrevocable, non-exclusive, international and without time limit authorization to use, publish, reproduce and/or adapt the images, photographs, brands and information of the Goods and Products that they publish in their Accounts in order to be used in all the sites and applications of Renove.io, social networks and/or in any mass and non-mass media of communication, including without limitation, platforms and any other digital or physical media that Renove.io considers appropriate or with those other platforms or internet sites with which Renove.io has entered into an alliance to identify offers, classify products, create catalogues, carry out advertising and marketing actions linked to the Goods and Products.io considers appropriate or with those other platforms or internet sites with which Renove.io has made an alliance, to identify offers, classify products, create catalogues, carry out advertising and marketing actions linked to the Services of Renove.io, including the possibility of association with brands and/or commercial names of third parties, as well as to sublicense its use to third parties, including, but not limited to, powers of use, publication, reproduction and adaptation of the images, photographs, brands and information of the Goods and Products.

 

As a consequence of the foregoing, Users represent and warrant that they are holders or licensees of the necessary rights to the images, photographs contained in their publications of their Accounts on the Goods and Products and that they have the necessary rights and powers to grant the authorization detailed in these General Terms and Conditions, being solely responsible for any infringement of third party rights or for any inconsistencies or inaccuracies in the information they provide on the Goods and Products.

 

8. Prohibited Items.

 

Of the Goods and Products that may be advertised in the Users' Accounts, those that do not fall into any of the following four (4) categories are expressly excluded, as they are considered prohibited items: (i) clothing, footwear and accessories; (ii) art; (iii) music; and

(iv) books and/or whose transfer is prohibited by Colombian legislation in force . Likewise, the publication in the Users' Accounts of bodysuits, pajamas, underwear, socks, and in general, any article, even if it has a purchase label, that is not in perfect condition for the extension of its useful life cycle, is expressly excluded.

 

9. Taxes.

 

As provided throughout these General Terms and Conditions, neither the Site nor Renove.io participate in the negotiation that takes place between the Buyer Users and Seller Users to culminate in the transfer of any title of Goods and Products. In accordance with the above, it is clarified that both the Site and Renove.io, only make available to the Users a virtual space that allows them to communicate to find a way to exchange and transfer the Goods and Products that they wish, therefore, neither the Site nor Renove.io are responsible for the effective fulfillment of the fiscal or tax obligations established by the current law.

 

10. User Penalties.

 

Without prejudice to other measures, both the Site and Renove.io, may warn, temporarily suspend or permanently disable the Account or Accounts of a User or a publication, initiate the actions it deems appropriate and / or suspend the provision of its Services if (a) any law is broken, or any of the provisions of the General Terms and Conditions and other policies of Renove.io and the Site; (b) in Renove.io's opinion, the User incurs in fraudulent or fraudulent conduct or acts; and (c) the identity of the User could not be verified or any information provided by the User is erroneous .

 

In addition to the above, if from the operation of the Site, Renove.io detects or receives reports that illegal, illicit or otherwise prohibited transactions are being carried out or attempted, we reserve the right to file the necessary complaints with the competent authorities in accordance with applicable law in parallel with the suspension and/or termination of the provision of the Services.

 

11. Responsibility

 

Considering that as it is repeatedly expressed in the present General Terms and Conditions, Renove.io through the Site only makes available to the Users a virtual space that allows them to communicate in order to find a way to advertise their Goods and Products with the purpose of transferring them, it is emphasized that neither the Site nor Renove.io are owners of the Goods and Products offered, nor has possession of them nor offers them for sale or any other type of legal transfer.

 

As a result of the above, neither the Site nor Renove.io intervene in the perfection of the operations carried out between the Users, therefore they will not be responsible for the existence, quality, quantity, state, integrity or legitimacy of the Goods and Products offered, acquired or sold by the Users, as well as the capacity to contract of the Users or the veracity of the Personal Data entered by them.

 

As a consequence, the Users, both Buyer Users and Seller Users recognize and accept that, when carrying out operations with other Users or third parties, they do it under their own risk, and therefore, in no case, neither the Site nor Renove.io, will be responsible for loss of profit, or for any other damage and/or harm that any User may have suffered, due to the operations carried out or not carried out by Goods and Products published through the Site.

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12. Intellectual Property of the Site

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Renove.io and/or its controlling, controlled, affiliated or subsidiary companies reserve all rights, including intellectual and industrial property rights, associated with the Site Services, its websites, the contents of its screens, programs, databases, networks, codes, development, software, architecture, hardware, contents, information, technology, integration phases, functionalities, domains, files that allow the User to access and create his/her Account, sales tools, trademarks, patents, copyrights, industrial designs and models, commercial names, among others, and declares that they are protected by national laws in force.

 

Under no circumstances will it be understood that any User will have any type of right over the same except to use the Site's Services in accordance with the provisions of these General Terms and Conditions, and therefore the improper use or contrary to the current regulations of the intellectual and industrial property rights of Renove.io, as well as their total or partial reproduction, is strictly prohibited.

 

13. Our Blog

 

On the Site you will find the ideal space to connect with other Users who may, or may not, come to share your same tastes and interests, so this should always be a medium in which Users can express themselves freely, from their different cultures, perspectives and beliefs. Therefore, as a pillar of our community we must ensure that all Users can openly discuss the topics that interest them, even if others disagree on a basis of mutual respect and awareness of differences.

 

Thus, while we recognize that Users in their daily lives may express themselves through strong language about situations or realities they do not ideologically share, any Account, posting or communication between Users that expresses contempt, threats, appeals to violence, degradation, racism, xenophobia, discrimination, or appeals to protected characteristics through hate speech1 will be removed from the Site, as we believe that our Users should not feel intimidated or excluded on the Site.

 

14. Indemnity

 

The User will hold harmless Renove.io, as well as its affiliates, controlled and/or controlling companies, officers, directors, successors, administrators, representatives and employees, for any claim initiated by other Users, third parties or by any authority, related to its activities on the Site, the compliance and/or breach of the General Terms and Conditions or other policies, as well as with respect to any violation of laws or rights of third parties.

 

15. Jurisdiction and applicable law

 

This agreement shall be governed in all its points by the laws in force in the Republic of Colombia. Therefore, any dispute arising from these General Terms and Conditions, its existence, validity, interpretation, scope or compliance, shall be submitted to the applicable laws and the competent courts of the city of Bogota and the proceedings shall be conducted in Spanish language.

 

The agreement set forth in these General Terms and Conditions shall be deemed to have been concluded and signed for all purposes on the date on which the User electronically accepts the same.

 

We define hate speech as a direct attack on people based on what we call "protected characteristics": race, ethnicity, national origin, disability, religion, class, sexual orientation, sex, gender identity, and serious illness. We define an attack as violent or dehumanizing language, harmful stereotypes, assertions of inferiority, expressions of contempt, repulsion or rejection, insults, or incitements of exclusion or segregation. We consider age to be a protected characteristic when it is mentioned in conjunction with another protected characteristic. We also protect refugees, migrants, immigrants and asylum seekers from serious attacks, although we do allow comments and criticism related to immigration policies.

 

16. END USER LICENSE AGREEMENT (EULA)

PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE DOWNLOADING OR USING RÉNOVÉ, INCLUDING ITS PLATFORM AND SERVICES (COLLECTIVELY, THE "APP").

By downloading or using the App, you agree to be bound by the terms and conditions of this EULA. If you do not agree to the terms and conditions of this EULA, do not download or use the App.

1. License Grant. The App is licensed, not sold, to you by RÉNOVÉ for use strictly in accordance with the terms and conditions of this EULA. RÉNOVÉ grants you a non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use.

2. Restrictions. You agree not to, and you will not permit others to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the App in any way; (b) modify, adapt, translate or create derivative works based upon the App; (c) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of the App, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of RÉNOVÉ or its affiliates, partners, suppliers or the licensors of the App; or (e) use the App for any unlawful or fraudulent purpose or for any purpose that is prohibited by this EULA.

3. User Content. You are solely responsible for all content that you upload, publish, display or otherwise make available on the App, including but not limited to clothes, music, books, and art ("User Content"). You represent and warrant that you have all rights necessary to upload, publish, display or otherwise make available such User Content on the App and that such User Content does not infringe the intellectual property rights or any other rights of any third party. RÉNOVÉ does not claim ownership of any User Content that you make available on the App. By making available any User Content through the App, you grant to RÉNOVÉ a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the App and RÉNOVÉ's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

4. Disclaimer of Warranties. THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RÉNOVÉ DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE. RÉNOVÉ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS EULA OR THE USE OF THE APP, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF RÉNOVÉ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.