Terms & Conditions
TERMS AND CONDITIONS OF THE INFORMATION PLATFORM WHOS YOUR GUEST
Welcome to the information platform, program and/or mobile application WHOS YOUR GUEST (hereinafter called “the platform” and/or “WYG”). The platform is intended to store and share information about guests who engage in both positive and negative behavior during their stay in accommodation establishments duly registered to our network, provided they have granted their authorization, following the categories indicated for such purposes and provided that it is true and actual information. This, in order to develop a statistical relationship for sectoral analysis on the formulation of campaigns and proposals for continuous improvement, to establish statistics on casualties, areas and regions most affected, as well as persons who have incurred negative incidents, to ensure a strict risk management of the companies linked to the network derived from the provided service and to serve as a source of information for the acceptance, rejection of a reservation and/or any other necessary measure that is defined by the establishments, so as to establish specific security measures, to prevent or avoid new negative behaviors and to reward positive behavior.
- GENERAL CONDITIONS AND ACCEPTANCE
These general conditions (hereinafter the “General Conditions”) regulate the use the information platform www.whosyourguest.com that WHOS YOUR GUEST makes available to its users.
The use of the website www.whosyourguest.com, program and/or WYG applications, ascribes to the user the status of user (hereinafter, the “User”) and expresses the full and unreserved acceptance of the User of each and every one of the General Conditions of the version published by WYG at the moment when the User accesses the Platform. Consequently, the User must read carefully the General Conditions in each occasion in which it is suggested using the Portal and is bound to comply with all the current provisions.
The use of certain services offered to Users through the Platform is subject to specific conditions that, depending on the case, replace, complete and/or modify the General Conditions (hereinafter, the “Particular Conditions”). Prior to the use of such services, therefore, the User must also read carefully the corresponding Particular Conditions and any modifications that are implemented to these terms and conditions.
By accessing or using the platform regardless of the use given on each occasion, you agree to be bound by this Agreement. Read the Agreement carefully. If you do not accept all of these terms and conditions, you are not authorized to use this site. Make sure you periodically enter to WYG to review the most recent version of the Agreement. We reserve the right at any time, in our sole discretion, to change or modify the Agreement in accordance with the Terms and Conditions herein and your access to or continued use of the platform means your acceptance of the updated or modified Agreement.
Likewise, the use of the Service is also subject to all warnings, regulations of use and instructions made to the User by WYG, which complete what is provided in these General Conditions as long as they do not oppose them, especially what has to do with the Policies of the Processing of the Information to guarantee at all times the Writ of Habeas Data.
1.1. ACCESS CONDITIONS AND USAGE OF THE PORTAL
The service provided by WYG requires the previous User subscription or registration with the respective validation as an authorized tour operator, as expressly indicated in the corresponding Particular Conditions.
By using the platform you declare that: (a) you are a hotel, hostel or another type of hosting service provider legally registered in your country; (b) that is associated with that establishment in a manager or owner capacity; (c) that all information provided by you on this website is true, accurate, current and complete; (d) that you will safeguard your account information, monitor and be fully responsible for any use of your account by anyone other than you; (e) that your use of WYG is directly related to your primary purpose of providing accommodation; (f) you have received prior, informed, express and unambiguous consent from your guests (in some countries it is required by law your written consent, either in your Terms and Conditions or separately) to transfer and share your personal information with the platform and its duly registered members; (g) that ensure that the privacy laws of your jurisdiction permits you the use of WYG and, (h) that you have the legal authority to accept this Agreement and use the platform in accordance with all Terms and Conditions described herein.
1.2. OBLIGATION TO MAKE A CORRECT USE OF THE PLATFORM AND SERVICES
The User agrees to use the Platform and Services in accordance with the law, these General Conditions, as well as with morality, good customs, and public order. In a special and plain manner, the User undertakes to comply with the Policies for the management of personal information and to facilitate to the holders the access to all the rights protection mechanisms, established by WYG.
The User undertakes to refrain from using the Platform and Services for illicit purposes or effects, contrary to what is established in these General Conditions, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate WYG or prevent its normal use and/or Users’ enjoyment.
1.3. METHODS OF DATA COLLECTION
WYG is part of a clear purpose for the continuous improvement of hotel and tourist services in general, therefore the User is solely responsible for the obligations related to obtaining the necessary permits and the guests’ authorizations to use the information, both to consult and to report. The User must refrain from using the platform to report and/or consult when it does not have the respective authorization.
1.4. INTELLECTUAL PROPERTY
The modification, reproduction, publication or transfer of any content to other persons, or their use for any purpose is prohibited except to the extent permitted by law, it is prohibited to disassemble, decompile, reverse engineer or attempt by any means to break the content protection. All contents, elements and information of this Platform including all text, format, images, music, trademarks, logos, signs, commercial names, sounds, graphics, videos, animation, and other materials of the website, programs and/or applications are owned by WYG, its subsidiaries and affiliates and controlling shareholders, and those of third party contractors, licensors or assignors. Some of the Contents are protected by Copyright and trademark laws. Any unauthorized use of the Platform Services and Content that violates WYG’s or other third party’s proprietary and intellectual property rights may result in the initiation of appropriate legal action by rights holders. The access or use of this Platform shall not imply in any way the granting or negotiation of any license, right to use on any of the brands, names, logos, designs or protected Content by the intellectual property right of WYG or any third party, as appropriate. The creation of web pages, Internet sites, electronic documents, software or applications of any kind that contain hyperlinks or marks that redirect the navigator to any Content of this Website, without the corresponding authorization is not allowed.
1.5. CORRECT USE OF INFORMATION
The User undertakes to use the Contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from: (a) using the content in a way, for purposes or effects contrary to law, morality and generally accepted good customs, or public order; (b) reproducing, copying, distributing, permitting public access through any form of public communication, transforming or modifying the content, unless authorized by the holder of the corresponding rights or is legally permitted; (c) deleting, circumventing or manipulating the copyright and other identifying data of the rights of WYG or its holders incorporated into the contents, as well as the technical devices of protection, fingerprints or any information mechanisms that may contain Content; (d) utilizing the content and, in particular, information of any kind obtained through the Platform or the Services to forward advertising, communications for direct sale or any other commercial purpose, unsolicited messages directed to a plurality of people irrespective of their purpose, and to refrain from marketing or otherwise disclosing such information.
1.6. LIABILITY FOR DAMAGES AND DETRIMENTS
The User will be liable for damages of any nature that WYG may directly or indirectly suffer, as a result of the breach of any of the obligations derived from the General Conditions or of the law associated with the use of the Platform, or non-compliance of the Information Processing Policies.
The User agrees to defend and indemnify WYG and any of its officers, directors, employees and agents against any claim, cause of action, demand, recovery, loss, damage, forfeit, penalty or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of any of the obligations arising from this document, the Information Processing Policies or any of the aforementioned documents;
- Your violation of any law or the rights of a third party; or
- Your misuse of this Platform.
Through the Platform, Users have access to various services and content (the “Services”) made available by WYG, third-party users and/or third-party providers. WYG is a virtual information platform that brings together hotel and tourism service providers worldwide, which maintains a database, in order to store and share information about guests engaging in both positive and negative behavior during their stay in the lodging establishments duly registered to our network, according to objective criteria, ensuring better conditions of security, respect and tranquility for the members of WYG. It also aims to develop a statistical relationship for sector analysis on the formulation of campaigns and proposals for continuous improvement, the development of statistics on casualties, areas and most affected regions as well as people who have suffered negative incidents. It must be ensured a strict risk management of the companies linked to the network and to serve as a source of information for the acceptance, rejection of a reservation and/or any other necessary measure already defined by the establishments. This way, it is possible to set out measures to prevent or avoid new negative behaviors and instead, reward positive behaviors.
WYG reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the platform and its content, as well as the Services and the conditions required for its use, in accordance with the legal requirements of each country so as to protect the integrity of users and rights holders.
2.1. CONDITIONS OF USE AND ACCESS TO THE INFORMATION PLATFORM
The Users of the Platform, when linked, commit to comply with all guidelines, requirements, and processes that WYG report for the correct operation of the service. The responsibility to comply with these conditions is solely and exclusively derived from the Users and WYG may verify at any time that the conditions and procedures are met, in order to ensure the effectiveness of all right holders. The following are the instances and validations that should be done by Users who link to the WYG Portal:
2.1.1. Verification of the identity of the host and/or holder:
The User undertakes to verify by the appropriate means, the identity of the host and/or owner of the information, through the identification documents recognized for such purpose, including but not limited to the following:
- Passport (for international travelers);
- National Identification Card and/or Foreigner’s Identification card;
It is desirable that the identification document has a photographic record and that it is valid to guarantee the identity of the person. On the other hand, a copy of the document that is used for this process shall be kept on file by hotel administration.
2.1.2. Explanation of WYG performance:
Each user undertakes to provide enough information for the guest, explaining the scope, purpose, and usefulness of the database, stating that it is a control and statistical software utilized in the hotel and tourism sector and that it is a requirement to ensure quality in the service delivery.
It is possible to include information related to the operation of WYG in the registration forms, the terms and conditions and/or visible advertisements on the Users’ reception, with a text like the following:
“Dear guest, we are members of WHOS YOUR GUEST, a virtual information platform that groups hotels and tourism service providers in several countries around the world, in which we agreed to maintain a database of information about guests whose behavior is unacceptable or highly positive, according to objective criteria, in order to establish and elaborate statistics that allow to assure the best conditions of security, tranquility and respect for our guests. Our participation in WHOS YOUR GUEST and the collection of your personal data for the purposes described above are indispensable for the provision of accommodation services in an optimal manner and according to the highest possible quality standards.
By staying at this establishment, you consent to the processing of your personal data and images, as well as to share your information with other members of the network with which they can access the database. Likewise, they may refuse to accept future reservations, cancel existing reservations, offer discounts and other incentives or take other measures they deem necessary, based on the information reported on the platform.
Users can find the downloadable document on the website www.whosyourguest.com.
2.1.3. Obtain guest authorization (report or consultation):
The essence of the legality of WYG (both to report and to consult) is to have the authorization of the guest, authorization that must be prior, expressed and informed to be able to carry out the processing of personal data.
The authorization (written or not according to the country where your establishment is located) must be valid for the parameters indicated WYG (in the web page find a downloadable model for the authorization of processing of personal data) and the user is the one who is obliged to guarantee that it has the authorization to be able to make reports in the terms pointed in an explicit way.
For users who already have registration forms, it is admitted the inclusion of the authorization clause that can also be downloaded from our website. In the case of changing the scope of this text at the time of including it in the existing forms, the User is responsible for the consequences and frees WYG of all responsibility.
2.1.4. Preserve and maintain minimum proof of authorization:
The authorization by the guests in their condition of “Holders” must be in a physical and/or digital document (in the relevant cases), which will allow the guarantee of their subsequent consultation.
All users are required to take the necessary measures to maintain records or appropriate technical or technological mechanisms related to the way and the precise moment in which the authorization was obtained by the owner to process their personal data. Therefore, for this purpose WYG requires the physical and/or digital authorization document with the signature of the guest (holder).
2.1.5. Documentation that supports the object situation of the report:
Each user is responsible for documenting the incidents that are presented to each of the guests through their internal procedures but always guaranteeing the objectivity and especially the veracity of the information.
The report must be prepared by a person duly linked to the platform, who must have been identified at the time of registration, besides the requirement of access with the user and password reserved for this purpose.
The documents that support the incident report must be available at any time, within the required deadlines; however, they will not be made available to other Users, since the only information to be used, is the one related to the established categories by WYG.
Compliance with this provision depends solely and exclusively on the User and constitutes an obligation of result.
2.1.6. Responsibility and scope of the report:
Perform the incident report, only through the person designated by the establishment in the platform with the respective user and password. Each User must perform the reports only under the objective evaluation criteria, ensuring in all cases that:
- It has the authorization of the guest and/or owner; (notice in reception or written clause depending on the country where the establishment is located)
- It is truthful (true, real and concrete);
- It is not related to “intimate aspects”.
- The presumption of innocence of the guests is respected.
- In no case do incidents involving minors are reported.
Compliance with this provision depends solely on the User, and WYG reserves the right to request, intervene or limit the information. This will happen in the event that it is generated a disclosure that exceeds these limits and also, WYG reserves the right to take the restoration and protection measures that it deems necessary in accordance with the information processing policy and current laws.
2.1.7. Effects of non-compliant reporting:
The user expressly confirms that he/she accepts and understands that not complying with the parameters stated in the present Terms and Conditions, can represent negative consequences given that reporting situations that are non-existent or that are not true, exposes them to possible processes for violation of the protection law Of personal data, including economic, legal and restoration sanctions in case of violation.
2.1.8. Formalization of complaint about real effects:
Users should do their best to formalize the cases of alleged crimes, reporting to the police and judicial authorities, judicial, by filing the respective complaints and providing evidence for the investigation process and subsequent prosecution, based on the importance it has for the Sector. Also, it is necessary to have the evidence to take concrete action against the alleged perpetrators of such incidents.
The report of the complaint must be charged to the WYG platform and, in case of doing so, the User undertakes to carry out an update of the progress of the process, at least every two (2) months, to ensure the accuracy of the information in accordance with status of the same, which can be:
- Complaint in process;
- Archived report;
- Case terminated with conviction;
- Case terminated with acquittal;
- Case terminated by conciliation/transaction.
2.1.9. Confidentiality Guarantee:
Due to the fact that the information collected in WYG is sensitive in all cases, Users undertake to keep strict confidentiality against the use, handling and treatment of the information reflected in the database, without being able to transmit it to third parties who are not expressly authorized by the host and/or owner, and in accordance with the current terms and conditions.
2.1.10. About the claims and/or mechanisms of action:
The guest and/or owner who considers that the information contained in WYG should be corrected, updated or deleted, or when he/she notices the alleged breach of any of the duties contained in Law 1581 of 2012 in the Constitución Política de Colombia and other concordant rules, may submit a Claim to the User and/or WYG, which will be processed according to the following procedure:
The claim will be made in writing, upon request addressed to the User and/or WYG. It must be formulated by the owner and/or his representative, noting their respective identification, the description of the facts that give rise to the claim, the address and accompanying documents they want to assert. If the claim is incomplete, the interested party will be required within five (5) business days of receipt of the claim to remedy the faults. If, after one (1) month from the date of the request, the applicant has not submitted the requested information, it will be understood that he has withdrawn from the claim. If for any reason, a claim that should not actually be directed against WYG is received, the latter will transfer it, to the extent of its possibilities, to the corresponding recipient within a maximum period of two (2) business days, and inform the interested party. Once the complete complaint has been received, a legend that says “complaint in process” and its reason will be included in the database kept by the User and/or WYG within a period of time less than two (2) business days. This legend must be maintained until the claim is settled. The maximum term to attend the claim will be fifteen (15) business days from the day after the date of receipt. When it is not possible to attend it within that term, the interested party will be informed before the expiration of the said term, the reasons for the delay and the date on which his claim will be dealt with, which in no case may exceed the eight (8) working days following the expiration of the first term.
If the User receives a complaint from a guest and/or owner, he/she undertakes to formally notify WYG through the channel established in the platform for this purpose. WYG may provide support during the grievance process to ensure compliance with established processes.
2.1.11. Temporality of the report:
With respect to the reports duration made on the platform by users, it directly depends on the severity of the behavior indicated and will be the sole and irrevocable power of WYG to assess each case, according to its objectivity and internal policies to define the temporality.
The time the reports will last on the platform vary between 1 month as the minimum length of stay and 4 years as the maximum length of stay. The cases of recidivism will be treated individually and the temporality of a report will not be added or extended in any case. WYG reserves the right to dictate the temporality of the report individually and without any bias, and except at the explicit request of the holder, this information will be exclusive of WYG’s use.
Both the user and WYG guarantee the temporary record of incidents in the database, ensuring that once the deadline for the validity of the report (including cases of recidivism) expires, it will delete the details of the report and simply leave the mention of the incident and the date in which it was filed. The remaining information should be blocked.
2.1.12. User Notification to WYG:
If the User receives a complaint from a guest and/or owner, he agrees to formally notify WYG through the established channel in the platform for this purpose. WYG may provide support during the grievance process to ensure compliance with established processes.
- DATA OF PERSONAL CHARACTER
In order to use some of the services, Users must first provide WYG with certain personal data (“Personal Data”). By linking to the platform, each User grants the express authorization to WYG for the processing of their personal data.
WYG will automatically treat the Personal Data for the purposes as well as under the conditions defined in its Data Protection Policy published at the following link www.whosyourguest.com.
By joining the Platform, the User grants express authorization to WYG to be able to share their personal and contact information in case it deems it necessary. These cases include the attendance of a subject that appears in the database and is found in another participating institution. In this case, the relevant contact details will be shared only with the establishment member and notice’s author and with any external persons or entities.
By submitting information through the Platform via contact, registration or report forms, or e-mail, but not limited to these resources, you grant WYG explicit permission to use, store, share, transfer and publish such information for non- distinct purposes to those pursued by this entity.
You grant WYG the right to take legal action against any person or entity that maintains any kind of personal, business or legal relationship with the User and that violates your rights as a User or the rights of WYG because of breach of this Agreement or any other type of contract entered into between the parties (User-WYG).
- COOKIES TECHNOLOGY EMPLOYMENT
- PLATFORM, SERVICES AND CONTENTS USAGE UNDER THE USER’S SOLE RESPONSIBILITY
By linking to the WYG service we understand that you have accepted that your use of this Platform, its Contents and the information contained therein will have legitimate and legal purposes, and will be made in compliance with these TERMS AND CONDITIONS and all applicable laws, in any case, under your sole responsibility. Particularly but not exclusively, the use of this Platform, its Contents and the information contained therein obliges all users to NOT: (a) transmit to third parties unauthorized by WYG the information of the databases, or publish information that is false, harmful, hostile, abusive, irritating, problematic, threatening, tortuous, defamatory, vulgar, obscene, pornographic, unfounded, hateful or harmful, or in respect of which there is no legal or contractual authorization; (b) cause harm to minors or promote or cause physical or material damage to any person or group of natural and legal persons, or animals; (c) use the identity or personal individuals information (natural or legal) mentioned in the Platform, for any purpose or intention; (d) transmit or broadcast material containing computer viruses or any other code, computer program or application intended to interrupt, destroy, restrict or impair the functionality of computers, computer programs, information systems, telecommunications networks or infrastructure and services of third parties; (e) violate any applicable national, local, state or international law, including but not limited to the privacy and data protection rules intentionally or unintentionally; (f) collect, store and manage personal data about 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; (h) infringe the intellectual property rights of WYG or third parties, among other harmful conduct to third parties or applicable laws.
- COPYRIGHT NOTICES AND TRADEMARKS:
All contents of this Website are © 2017 Whos Your Guest. All rights reserved. WYG is not responsible for the content of websites operated by third parties other than WYG. WYG, the logo and all other names of products or services or slogans appearing on the Site are registered trademarks and/or customary law of WYG and/or its suppliers or licenses and may not be copied, imitated or used, totally or partially, without the prior written permission of WYG or the owner of the applicable mark. In addition, the appearance of the platform, including all page headers, custom graphics, button icons, and scripts, is owned by WYG and may not be copied, imitated or used, either in whole or in part without WYG’s prior written consent. All other trademarks, registered trademarks, product names and company names or logos referenced in the Platform are owned by their respective owners. The reference to any product, service, process or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by WYG.
Other logos and product and company names mentioned herein may be trademarks of their respective owners.
- EXCLUSION OF WARRANTIES AND LIABILITY FOR THE FUNCTIONING OF THE PLATFORM AND THE SERVICES
WYG does not guarantee the availability and continuity of the operation of the Website and the Services. Whenever possible, WYG will warn in advance the interruptions in the operation of the Platform and the Services. WYG also does not guarantee the usefulness of the Platform and Services for the performance of any particular activity, nor its infallibility. Besides, in particular, but not exclusively, that Users may effectively use the Portal and Services, nor control or guarantees the absence of viruses or other elements in the Contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored on your computer system, therefore: WYG IS NOT LIABLE FOR THE DAMAGES AND INJURIES OF ANY NATURE WHICH MAY RESULT IN THE FAILURE OF AVAILABILITY OR CONTINUITY OF THE OPERATION OF THE PORTAL AND THE SERVICES, TO THE DEFRAUDATION OF THE UTILITY THAT THE USERS HAVE BEEN ATTRIBUTING TO THE WEBSITE AND SERVICES AND IN PARTICULAR, BUT NOT EXCLUSIVELY, TO THE FAILURES IN THE ACCESS TO THE DIFFERENT WEB PAGES OF THE PORTAL OR TO THOSE WHERE THE SERVICES ARE PROVIDED. WYG IS NOT LIABLE FOR DAMAGES OF ANY NATURE WHICH MAY BE ASSOCIATED TO NON-AUTHORIZED THIRD PARTIES’ KNOWLEDGE OF THE CLASS, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE USE THAT USERS MAKE OF THE PORTAL AND THE SERVICES.
WYG IS NOT LIABLE FOR DAMAGES OF ANY NATURE WHICH MAY BE CAUSED BY THE VIRUSES OR OTHER ELEMENTS’ PRESENCE IN CONTENTS THAT MAY PRODUCE CHANGES IN THE COMPUTER SYSTEM, ELECTRONIC DOCUMENTS OR USERS’ FILES, AS WELL AS BY DAMAGES OF ANY KIND WHICH MAY RESULT FROM THE TRANSMISSION, DISSEMINATION, STORAGE, MAKING, RECEIVING, OBTAINING OR ACCESSING THE INFORMATION, AND IN PARTICULAR, BUT NOT EXCLUSIVELY, FOR DAMAGES WHICH MAY BE DUE TO: (A) BREACH OF LAW, MORAL AND GENERALLY ACCEPTED GOOD CONDITIONS OR THE PUBLIC ORDER AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, DISPOSAL, RECEPTION, OBTAINING OR ACCESS TO THE INFORMATION; (B) THE INFRINGEMENT OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, BUSINESS SECRETS, CONTRACTUAL COMMITMENTS OF ANY KIND, HONOR’S RIGHTS, PERSONAL AND FAMILY INTIMITY AND PEOPLE’S REPUTATION, PROPERTY RIGHTS AND OF ANY OTHER NATURE BELONGING TO A THIRD PARTY AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, DISPOSAL, RECEPTION, OBTAINING OR ACCESS TO THE INFORMATION; (C) THE PERFORMANCE OF ACTS OF UNFAIR COMPETITION AND ILLICIT ADVERTISING AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, DISPOSAL, RECEPTION, OBTAINING OR ACCESS TO THE INFORMATION; (D) LACK OF TRUTH, ACCURACY, EXHAUSTIVITY, RELEVANCE AND/OR CURRENT NATURE OF INFORMATION; (E) THE UNSUITABILITY FOR ANY KIND OF PURPOSE AND THE DISAPPOINTMENT OF PEOPLE’S EXPECTATIONS GENERATED BY THE INFORMATION; (F) BREACH, DELAY IN COMPLIANCE, DEFECTIVE COMPLIANCE OR TERMINATION FOR ANY CAUSE OF THE OBLIGATIONS CONTRACTED BY THIRD PARTIES AND CONTRACTS MADE WITH THIRD PARTIES THROUGH OR FOR THE ACCESS TO THE INFORMATION; (G) LOSSES AND DEFECTS OF ANY KIND OF INFORMATION TRANSMITTED, DISSEMINATED, STORED, AVAILABLE, OR OTHERWISE TRANSMITTED OR AVAILABLE, RECEIVED, OBTAINED OR ACCESSED THROUGH THE PORTAL OR SERVICES.
- LINKS TO THIRD PARTY SITES
The Platform provides Users with technical linking devices (such as, among others, links, banners, buttons), directories and search tools that allow them to access websites belonging to and/or managed by third parties, (hereinafter, “Linked Sites”). The installation of these links, directories and search tools in the Portal has the single purpose of facilitating Users to search for and access information available on the Internet.
WYG does not offer or market the products and services available on Linked Sites by any mean, nor does it control, approve, monitor or make products, services, contents, information, data , files, products and any kind of existing material in the Linked Sites. The User, therefore, must exercise extreme caution in the evaluation and use of the services, information, data, files, products and any kind of material existing in the Linked Sites.
WYG does not have the obligation nor controls the use that Users make of the website, the Services and the Contents, the Information, the generation of reports or the queries that the Users perform. In particular, WYG does not guarantee that Users will use the Platform, Services, and Content in accordance with these General Conditions and, as the case may be, the Particular Conditions that result from the application, or that they do so in a diligent and prudent manner. WYG performs an initial User’s identity verification at the registration time on the platform, however, it does not guarantee the veracity, validity, completeness and/or authenticity of the data that Users provide about themselves to other Users.
WYG IS NOT LIABLE FOR DAMAGES OF ANY NATURE WHICH COULD BE DUE TO THE USE OF THE SERVICES AND CONTENT BY USERS OR THAT MAY RESULT IN THE LACK OF TRUTH, EFFECTIVENESS, EXHAUSTIVENESS AND/OR AUTHENTICITY OF THE INFORMATION THAT USERS PROVIDE OTHER USERS ABOUT THEMSELVES AND, ESPECIALLY, BUT NOT EXCLUSIVELY, FOR DAMAGES OF ANY NATURE WHICH MAY RESULT IN THE SUBSTITUTION OF THE PERSONALITY OF A THIRD PARTY PERFORMED BY A USER IN ANY KIND OF COMMUNICATION MADE THROUGH THE WEBSITE.
- ABSENCE OF LICENSE
WYG does not grant any license or authorization of use of any kind on its industrial and intellectual property rights or on any other property or right related to the Platform, Services or Contents.
- DENIAL AND EXCLUSION OF THE PORTAL AND/OR SERVICES
WYG reserves the right to deny, exclude or withdraw access to the Platform and/or Services at any time and without the need for prior notice to those Users who do not comply with these General Conditions or the Particular Conditions that result from the application.
- PROCEDURE IN CASE OF VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
In the event that any User or a third party considers that any of the Contents has been entered in the Platform in violation of their intellectual property rights, they must send a notification to WYG containing the following requirements: (a) personal data: name, address, telephone number and e-mail address of the claimant; (b) authentic signature or equivalent, with the personal data of the owner of the intellectual property rights allegedly infringed or of the person authorized to act in the name and on behalf of the owner of the intellectual property rights allegedly infringed; (c) accurate and complete indication of the Contents protected by the intellectual property rights allegedly infringed, as well as their location on the platform; (d) an express and clear statement that the use of the indicated Content has been done without the consent of the owner of the intellectual property rights allegedly infringed; (e) expressly, clearly and under the responsibility of the claimant that the information provided in the notification is accurate and that the use of the contents constitutes a violation of their intellectual property rights. These claims should be sent to the email: firstname.lastname@example.org
- DURATION AND TERMINATION
The provision of the service by WYG and the other Services has, in principle an indefinite duration, however, it is authorized to terminate or suspend the provision of the service of the Platform and/or any of the Services at any time, without damage or injury to what has been provided in this respect in the corresponding “Special Conditions”. When reasonably possible, WYG will first advise the termination or suspension of the provision of the service of the Platform and other Services.
- APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by the law of the Republic of Colombia. WYG and the User, expressly waiving any other jurisdiction, submit to the Courts and Tribunals of the city of Bogotá D.C.
By accepting these Terms and Conditions, the User also accepts the Information Processing Policies, manuals, formats and all other aspects that are related to the operation of the Platform that can be consulted at www.whosyourguest.com.