Terms and Conditions

WEBSITE TERMS AND CONDITIONS

Carpol Construction S.A.S.

www.constructoracarpol.com

The website www.constructoracarpol.com («website») is owned by CONSTRUCTORA CARPOL S.A.S., which, for all legal purposes, may also be referred to as LA CONSTRUCTORA, with Tax ID No. 800.040.872-9. The primary purpose of the website is to provide information about LA CONSTRUCTORA’s services and to allow users to request information regarding them. LA CONSTRUCTORA asks users to read these terms and conditions, as well as the privacy policy and the personal data processing policy, before beginning to browse or use the website. Access to, registration on, and/or use of the website constitutes the “User’s” acknowledgment and express acceptance of these terms and conditions, as well as any additions or modifications thereto. If you do not agree with these terms, you are advised to refrain from accessing or browsing the website.

1. Introduction

These terms and conditions are written in Spanish. In the event that these terms and conditions are in a language other than Spanish, the Spanish version shall always prevail.

2. Use of the Website, Its Content, and Its Services

By accessing this website, you, as a user, consent to use it, along with its services and content, without violating applicable law, good faith, generally accepted practices, public order, morality, or good customs. Likewise, it is prohibited to use the website for unlawful or harmful purposes against LA CONSTRUCTORA or against any third party that, in any way, may be directly harmed or whose normal operation of the website may be impeded. The content included on the website is the exclusive property of LA CONSTRUCTORA; its total or partial reproduction, translation, inclusion, transmission, storage, or access via digital media or any other system is prohibited without the prior written authorization of LA CONSTRUCTORA. However, it is permitted to download material from the website for personal, non-commercial use, provided that LA CONSTRUCTORA is expressly credited as the owner.

3. Information Provided to THE CONSTRUCTION COMPANY

If, at any given time, it is possible to upload content such as images, comments, photographs, videos, etc., to the website, or to submit it to THE CONSTRUCTION COMPANY through other means, the user expressly authorizes LA CONSTRUCTORA to publish it on the website, Facebook, Instagram, or other media, and to use it as part of commercial or marketing campaigns directed at the general public through various media channels. The link to LA CONSTRUCTORA’s privacy policy it is set forth how the personal information that the user shares with us is processed, as well as information collected through any other communication channel—whether from users, customers, or employees—the rights held by the data subjects, and how to exercise those rights. Additionally, when providing us with any type of information, users must first consent to our processing of their personal data, so that they have no doubts whatsoever regarding how we will use their personal data.

4. About the Website

Any user can access the website using a web browser.

5. Information and Third-Party Websites

The website may provide hyperlinks or access to web pages and content from other individuals or entities. LA CONSTRUCTORA does not control, endorse, or guarantee the content included on such sites, nor is it responsible for the operation or accessibility of the linked web pages; furthermore, if it suggests, invites, or recommends visiting them, it will not be responsible for the results obtained. As a user, you agree that LA CONSTRUCTORA is not responsible for any content, associated links, or services related to a third-party site. Likewise, you agree that LA CONSTRUCTORA will not be liable for any loss or damage of any kind arising from your use of third-party content.

6. Guidelines for Users When Browsing the Website

By accessing this website, and to ensure its proper and appropriate use, the user agrees to comply with the following rules:

• Please review the Terms and Conditions, Privacy Policy, Personal Data Processing Policy, and any other terms set forth on the website.
• Use the content in a diligent, proper, and lawful manner.
• Be responsible for keeping your password secure.
• Do not use the website as a means to engage in illegal or unauthorized activities, either in Colombia or in any other country.
• Do not use the content—and in particular, the information obtained through the website—for advertising purposes.
• Use the portal solely and exclusively for personal use. Any use for corporate or collective benefit is prohibited.
• Refrain from sending unsolicited emails (spam) to other Users of the website, as well as from transmitting viruses or any destructive code.
• Do not alter, block, or take any action that prevents the display of or access to any content, information, or service on the website.
• Do not engage in illegal activities such as cyberattacks or damage to computer systems, interception of communications, identity theft, or forgery of documents.
• Submit requests, complaints, and claims through the contact channels specified in both the privacy policy and these terms and conditions.

7. User Liability for Damages

Use of the website is at the user’s own risk. This responsibility extends to the use, by the user or any third party, of the information provided in the form. Notwithstanding the foregoing, THE CONSTRUCTION COMPANY reserves the right to deny access to the website at any time, and without prior notice, to users who fail to comply with these terms and conditions. THE CONSTRUCTION COMPANY shall be held harmless from any and all claims, whether judicial or extrajudicial, that may arise as a result of the User’s failure to comply with the provisions of these terms and conditions.

8. Rights and Responsibilities of THE CONSTRUCTION COMPANY

By accessing this website, and to ensure its proper and appropriate use, THE CONSTRUCTION COMPANY has the following rights and obligations:

• To unilaterally modify, at any time and for any reason, without prior notice, whenever it deems appropriate, the structure and design of the website, as well as these Terms and Conditions.
• To deny registration to any person, at any time, and for any reason.
• It may, at its discretion, decide whether or not to include material received from users on the website. If it chooses to include such material, it may keep it on the website for as long as it deems necessary.
• Remove content that, in its judgment, is illegal, offensive, defamatory, or otherwise violates these Terms and Conditions. Likewise, content that infringes on intellectual property rights—whether those of LA CONSTRUCTORA or a third party—may be removed at the request of the third party.
• Use the personal information and/or content provided by Users in accordance with the authorizations granted by them.

THE CONSTRUCTION COMPANY will use its best efforts to ensure that the website functions properly twenty-four (24) hours a day and that the User can use its services without interruption during the established hours, notwithstanding any limitations and restrictions previously established and communicated by THE CONSTRUCTION COMPANY to the User, or any limitations of the User’s devices or connections used to access the website.

THE CONSTRUCTION COMPANY may interrupt or suspend, without incurring any liability to the User, the website’s services for technical or security reasons, due to problems that may arise from interruptions in internet connection or power services, due to force majeure or unforeseeable circumstances, or due to the actions of a third party not attributable to THE CONSTRUCTION COMPANY.

9. Disclaimer of Warranties and Liability

THE CONSTRUCTION COMPANY makes no warranties and assumes no liability, under any circumstances, for damages of any kind arising from the following events:

• The lack of availability, maintenance, and continuity of the website's operation. Whenever reasonably possible, LA CONSTRUCTORA will provide advance notice of any interruptions in the website's operation.
• The lack of usefulness, suitability, or validity of the website and/or its services or content in meeting the user's specific needs, activities, or expected results.
• Any use by the user that is unlawful, negligent, fraudulent, or in violation of these terms and conditions.
• Failure by third parties to fulfill their obligations or commitments regarding the services provided to the user through the website.

10. Internet Safety

THE CONSTRUCTION COMPANY will use its best efforts to maintain the security and confidentiality of the website, however, THE CONSTRUCTION COMPANY does not control or guarantee, and therefore assumes no liability for, the presence of malicious code or other elements in the website’s content that may appear despite the Company’s fulfillment of its duties and due diligence, which could cause disruptions to the User’s computer system (software and hardware) or in the electronic documents and files stored on the User’s computer system. “Malicious code” refers to any program that enters a device without the knowledge and unequivocal authorization of the person responsible for it, including, but not limited to, viruses; Trojans; worms; phishing; pharming; rootkits; backdoors; keyloggers; screen loggers; bootnets; and sniffers (network traffic monitors), among others. In light of the above definition, the user unconditionally and irrevocably agrees to ensure that the information and documentation (including images, photographs, animations, video, audio, music, text, and other elements that form part of the website) provided to THE CONSTRUCTION COMPANY are free of Malicious Code. Likewise, the user agrees to take the necessary measures to control Malicious Code.

11. Use of Cookies

Cookies are small files stored on the User’s electronic device to enable certain features of the website. LA CONSTRUCTORA uses cookies to profile the audience visiting the website, continuously improve the services offered, and ensure the best offers and promotions for Users. Any User visiting the website may receive cookies from LA CONSTRUCTORA or from third parties, such as partner entities or service providers. The information obtained through cookies is kept strictly confidential by LA CONSTRUCTORA.

For more information, please see the Website Cookie Policy.

12. Business Information, Real Estate Projects, and Advertising Materials

All information contained on the website related to real estate projects, including, but not limited to, renderings, images, videos, virtual tours, floor plans, architectural, urban planning, or landscaping designs, areas, technical specifications, finishes, furnishings, amenities, prices, payment methods, delivery dates, subsidies, sales incentives, location, property availability, and other graphic or descriptive elements, is provided for illustrative, informational, and reference purposes only.

Consequently, these elements may be modified, adjusted, updated, or replaced for technical, urban planning, commercial, legal, structural, or design reasons; due to the availability of materials; in accordance with the requirements of the competent authorities; or for any other reason deemed necessary for the proper execution of the real estate project.

The areas, dimensions, layouts, perspectives, views, furniture, decorative elements, and other graphic representations displayed on the website are simulations or artistic renderings and may differ from the final product delivered.

The prices, promotions, discounts, sales incentives, subsidies, financing plans, and financial terms published on the website are subject to change without prior notice, except in cases where there is a binding offer or a contractual agreement between the parties.

The publication of projects, properties, private units, or any other information on the website does not constitute a binding commercial offer nor does it guarantee the availability of the advertised properties. The availability, final specifications, and commercial terms of each project must be verified directly with THE DEVELOPER at the time of the corresponding negotiation.

In any case, the definitive terms and conditions applicable to each legal transaction shall be solely those set forth in the contractual documents executed between the parties, as well as in the regulations, licenses, approvals, and other legal documents applicable to the respective real estate project.

13. Governing Law and Jurisdiction

These terms and conditions have been drawn up in accordance with Colombian law. If any provision of these terms and conditions becomes invalid for any reason, all other provisions shall remain in full force and effect and shall continue to be binding. Disputes arising from the interpretation, enforcement, or validity of these terms shall be subject to Colombian law and the jurisdiction of the courts of the Republic of Colombia. The User agrees and acknowledges that if any provision of these terms and conditions is declared partially ineffective, void, or invalid by a competent court, the remaining provisions shall remain in full force and effect.

14. Customer Support

Users may request assistance or submit requests, complaints, or claims through the following contact channels:

15. Personal Data Processing Policy and Changes to the Notice

The full version of LA CONSTRUCTORA's Personal Data Processing Policy is available at: www.constructoracarpol.com

Any substantial changes to the terms of this Notice, as well as to the Data Processing Policy, will be communicated by posting them on the website at least fifteen (15) calendar days before they take effect, or by direct communication to the data subject when their contact information is available.