Thank you for visiting the BéndiksenLaw S.A.S. website (hereinafter the “Site”). We appreciate your interest in considering us as your potential legal advisors in Colombia.
Please take some time to read and understand these TERMS AND CONDITIONS OF USE (hereinafter the “TERMS AND CONDITIONS”) before using this Site. Your access to and use of the Site indicates that you freely accept and agree to be bound by these TERMS AND CONDITIONS regarding how you may access and use this Site.
The Information Processing Policies of the firm are an integral part of these TERMS AND CONDITIONS. Therefore, whenever reference is made in this text to the TERMS AND CONDITIONS, reference will also be made to the INFORMATION PROCESSING POLICIES of BéndiksenLaw S.A.S.
Please read these TERMS AND CONDITIONS carefully before using this Site.
The choice of attorney should not be based solely on the information contained on this Site.
- This Site is operated by BéndiksenLaw S.A.S., a company validly incorporated in Colombia, dedicated to the provision of legal services. This Site contains general information about BéndiksenLaw S.A.S. On this Site, BéndiksenLaw S.A.S. does not provide any kind of service. The sole and exclusive purpose of the materials, content, information, and opinions included on this Site is informational. BéndiksenLaw S.A.S. attorneys are not authorized to exercise law in jurisdictions other than those in which the relevant agencies and bodies have authorized them for that purpose.
- Age requirement. You may access and use this Site if you are of legal age, in accordance with applicable laws. If you are not of legal age or do not have the legal authorizations and capacity required to access and use this Site, please refrain from using it, leave it, and do not access its functionalities. In any case, we recommend that parents and guardians of minors monitor their children’s access to the Site.
- Site Use Agreement. Your access to this Site indicates that you have agreed to accept and comply with these TERMS AND CONDITIONS. If you do not agree to these TERMS AND CONDITIONS, do not access this Site, refrain from using the Site and its Contents, and leave it immediately. Please note that your right to access or enter this Site may be terminated at any time by BéndiksenLaw S.A.S. without prior notification or justification.
- Electronic transmission of information. If you decide to contact BéndiksenLaw S.A.S. through this Site, please note that BéndiksenLaw S.A.S. is obliged to keep the information under security conditions. However, the security services of the website have standard conditions, so we recommend you refrain from sending confidential information through this website. For this purpose, we have enabled other means of communication such as our email and our telephone helpline.
- Whether or not you are a client of BéndiksenLaw S.A.S., we thank you for refraining from transmitting information that is subject to reserve, confidentiality or secrecy of any kind without it being requested, since BéndiksenLaw S.A.S. cannot ensure the reserve, confidentiality or secrecy it, nor can it guarantee that such information will be treated under attorney-client privilege. BéndiksenLaw S.A.S. also cannot ensure the integrity or return of the information you submit through this Site. Please do not send us your personal, secret, confidential or reserved information through electronic or physical means, except when BéndiksenLaw S.A.S. has expressly authorized it in writing. Likewise, refrain from sending BéndiksenLaw S.A.S. unsolicited information, email chains or any other that may be considered as spam. Doing so will be an infrengement of these TERMS AND CONDITIONS.
- BéndiksenLaw S.A.S. does not provide legal services through the Site. The information and materials on this Site are not intended to be, nor should they be construed as, legal opinion, legal recommendation, or legal advice of any kind. This Site, your access to and use of this Site, as well as the information contained on this Site and your use of it do not mean or create an attorney-client relationship or any other type of relationship. The Site does not constitute the provision of legal services of any kind. You may not and should not use the Site, the Site Contents and the information contained on the Site as a basis for developing judicial, legal, business structuring or deciding on legal action. In no event shall you understand that this Site supersedes consultation with an attorney. If you require legal advice, BéndiksenLaw S.A.S. recommends you consult immediately with a professional attorney who can review your case and present you with a diagnosis. Please note that the information contained on this Site is not exhaustive.
- These TERMS AND CONDITIONS may change. BéndiksenLaw S.A.S. reserves the right to modify, change or terminate these TERMS AND CONDITIONS at any time and at its sole discretion, without prior notice to you. BéndiksenLaw S.A.S. gives notice that it is your duty to visit this page regularly to be aware of any changes. In the event of termination of these TERMS AND CONDITIONS, you will not be authorized to access the Site. However, the restrictions consented to by you with respect to the information contained on this Site, the limitations of liability, indemnities, and other concessions, will survive the termination of these TERMS AND CONDITIONS. BéndiksenLaw S.A.S. also reserves the right to terminate the Site or any portion thereof, at any time, in its sole discretion, and without notice to you personally.
- BéndiksenLaw S.A.S. may, at any time, and without notice, modify, add, delete, erase, amend, and in any way change the Contents of this Site including any documents, data, testimonials, reviews, references, or information included on the Site. Please note that the law is constantly changing and varies in consideration of a number of factors and circumstances including the issuance of any type of rule at the national and local levels, the issuance of judicial decisions at the national and local levels, acts of the executive, judicial and legislative branches, among others. Therefore, the information contained in this Site on the status of rules or matters of legal interest may not be up-to-date, may not be complete, and may, at any given time, not correspond to reality or be applicable to particular situations. We thank you for not taking any legal action or action based on the information you find on this Site.
- Proprietary Rights, Intellectual Property Rights, Trademarks and Registrations. The modification, reproduction, publication, or transfer of any Content to others, or its use for any purpose, is prohibited. Except to the extent permitted by applicable law, you may not disassemble, decompile, reverse engineer, or attempt by any means to break the protection of the content. All content, elements and information on this Site including all text, format, images, music, trademarks, logos, ensigns, trade names, sounds, graphics, videos, animation, and other materials on this Site (the “Contents”) are the property of BéndiksenLaw S.A.S. its subsidiaries and affiliates and controlling parties, and those of third-party contractors, licensors, or assignors, as the case may be. Some of the Content is protected by copyright and trademark laws. Any unauthorized use of the Contents of the Site that infringes on property and intellectual property rights of BéndiksenLaw S.A.S. or third parties may involve the initiation of the corresponding legal actions by the rights holders. Access to or use of this Site shall not in any way imply the granting or denial of any license, grant or right of use over any of the trademarks, names, logos, designs, or Contents protected by the intellectual property right of BéndiksenLaw S.A.S. or any third party, as applicable. The creation of web pages, Internet Sites, electronic documents or computer programs or computer applications of any kind that contain hyper-links or trademarks that redirect the navigator to any Content of this Site is not permitted.
- Use of the Site. Access to this Site means that you have agreed that your use of this Site, its Contents and the information contained therein, will be for legitimate and lawful purposes, and will be in compliance with these TERMS AND CONDITIONS and any applicable laws. The use of this Site, its Contents and the information contained on the Site, is limited, among others, by the following: You agree that you will not use this Site, its Contents or the information contained therein, to: (a) transmit to third parties or in any way publish information that is false, harmful, hostile, abusive, irritating, problematic, threatening, tortuous, defamatory, vulgar, obscene, pornographic, unfounded, hateful or harmful, or for which you do not have the proper legal or contractual authorizations; (b) cause harm to minors or promote or cause physical or material damage to any person or group of individuals, entities or to animals; (c) use the identity or personal information of persons (individuals or entities) mentioned on the Site, for any ends or purposes; (d) transmit or broadcast material that contains 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 third party infrastructure and services; (e) intentionally or unintentionally infringe or breach any applicable national, local, state or international law, including but not limited to privacy and data protection rules; (f) collect, store and administer personal data about individuals and entities without the corresponding authorization and in breach of applicable laws; (g) execute, plan, create, structure or carry out practices or activities of a criminal nature; (h) infringe the intellectual property rights of BéndiksenLaw S.A.S. or third parties, among other conduct harmful to third parties or non-compliant with applicable laws.
- License to Use the Site. Except for the license mentioned in this section, the modification, reproduction, decoding, decryption, disarmament, application of reverse engineering, publication, hyperlinking, transfer to others, or in any other way the alteration or disclosure of the Contents and information contained in this Site without the prior written permission of BéndiksenLaw S.A.S. is prohibited.
- BéndiksenLaw S.A.S. grants you a limited, non-exclusive and revocable license to access, observe, print and download any Content from this Site provided that this is for the satisfaction of a personal interest for information. This license does not include authorization for the publication, distribution, assignment, sublicense, transfer, editing, sale, development of derivative works or any other use other than strictly to satisfy a need for personal information. In any case, the Content and information contained in this Site, in whole or in part, whether graphic or documentary, may not be reproduced in any form or incorporated into any other document, medium or set of data that may be recovered after registration, electronically, mechanically, optically, or otherwise, unless its purpose is the satisfaction of the personal interests authorized herein.
- Consequences of the use of the Site. Any violation by you of these TERMS AND CONDITIONS, or any complaint or information that BéndiksenLaw S.A.S. receives from third parties about the breach, abuse or misuse of these TERMS AND CONDITIONS, may be investigated by BéndiksenLaw S.A.S. who may take all measures and initiate all legal and extra-legal actions against you, to obtain the cessation of conduct or remedies and indemnities that may be appropriate under applicable law. Violation of these TERMS AND CONDITIONS may result in civil or criminal liability on your part. If you are not sure that your actions regarding access to and use of this Site, its Contents and the information mentioned therein, constitute a violation or abuse of these TERMS AND CONDITIONS, please do not hesitate to consult us in advance. We will gladly attend your query. You are solely responsible for your access to and use, with or without intent, knowledge, or consent, of this Site, the Contents and the information contained on the Site.
- Non-interference with the Site. Any act, including the use of hardware and software, that has as its purpose or effect to cause damage, interference, impairment of the integrity, or interception of the systems that support this Site, its operation or the Contents is prohibited. Acts that impose unreasonable or disproportionate burdens on the Site’s network systems or any other network infrastructure using the Site are prohibited.
- Links to Third Party Sites. Please note that several of the Websites linked or linked to the Site are not operated, controlled, or administered by BéndiksenLaw S.A.S., therefore BéndiksenLaw S.A.S. is not responsible for the availability, content, policies, practices, security and goods and services set forth or promoted on such Websites, including their privacy policies and TERMS AND CONDITIONS of use. Any link made on the Site to third-party websites does not constitute the sponsorship, protection, advocacy, defense, guarantee, guardianship, endorsement, or patronage by BéndiksenLaw S.A.S. about the content, policies, information, services, or practices of such Websites. Your access to and use of third-party Websites linked to or linked to the Site is at your own risk.
- Information and content of third parties. The Site may reproduce or contain information from third parties who do not work for or are linked in any way to BéndiksenLaw S.A.S. BéndiksenLaw S.A.S. is not in a position to verify the veracity of such information. BéndiksenLaw S.A.S. does not guarantee the veracity and certainty of such information and contents. BéndiksenLaw S.A.S. guarantees that all information and content of third parties that has been uploaded to or included in the Site has been previously and validly licensed by the third parties who hold the moral and economic rights over it, and that BéndiksenLaw S.A.S., with respect to such information and content, is not in violation of any third-party rights.
- Advertising and access to third-party services. You understand and agree that any communication, negotiations, agreements or pre-agreements, participation in promotions, and any other type of relationship that you make directly with third parties through the Site, including any type of payment or agreement on goods and services, and any other terms, conditions, warranties or representations associated with third party products and services, constitute an agreement exclusively between you and such third party, without any involvement, responsibility or interference from BéndiksenLaw S.A.S. in such relationship.
- User Comments. You may send to BéndiksenLaw S.A.S. your comments and any other content including ideas, suggestions and concerns about the Site or the information contained therein, provided that such information is not illegal, false, harmful, hostile, abusive, irritating, problematic, threatening, tortuous, defamatory, vulgar, obscene, pornographic, unfounded, infringing of intellectual property rights, libelous, hateful or harmful, or for which you do not have the proper legal or contractual authorizations, or that contains any type of computer virus, or consists of mass mailing, political campaigns, advertising, or any form of spam. Sending any content (including personal information) to BéndiksenLaw S.A.S. means that you have granted BéndiksenLaw S.A.S. a non-exclusive, free license to publish, edit, reproduce, modify, reorganize, translate, adapt, create derivative works from, transfer to third parties, sublicense or otherwise disclose worldwide the information you have submitted, through the Site or any other means, subject to compliance with applicable intellectual property rules, and without the need to notify you of the use of such information, or require prior or written permissions, authorizations or consents from you. This license includes the right of BéndiksenLaw S.A.S., its affiliates, assignees, and licensors, in their sole discretion, to use and transfer to each other the name you have submitted with the content or information you have submitted. This license and authorization shall be understood as the granting of your consent to the use of your personal information, in accordance with applicable laws, precedents and regulations on data protection and privacy.
- Information about user experiences and feedback. Some information included on the Site that is provided by users of the Site or by the general public is for the sole purpose of being discussed or to serve as an example. BéndiksenLaw S.A.S. suggests that you discuss any information you may find on the Site with professional attorneys before forming an idea or making decisions based on that information.
- User collaboration. In the event that you find that any of the Contents of this Site or any of the information you access on this Site is inappropriate, inefficient, contrary to the law or these TERMS AND CONDITIONS, of low quality or in any way harmful to you or to third parties, BéndiksenLaw S.A.S. kindly requests that you send your feedback to the contact address provided in these TERMS AND CONDITIONS. BéndiksenLaw S.A.S., in any case, reserves all rights to remove or maintain the information on the Site.
- Best efforts. BéndiksenLaw S.A.S. has used its best efforts to ensure that all Content and information contained on this Site are correct. However, BéndiksenLaw S.A.S. cannot guarantee the veracity of the Contents and information of the Site, as such it assumes no responsibility for the veracity, accuracy, authenticity, correspondence with reality, fidelity, thoroughness, completeness, integrity or accuracy of any information and Contents included in this Site.
- No representations or warranties. BéndiksenLaw S.A.S., its affiliates, employees, directors, agents, officers, distributors, marketers, sponsors or licensors, make no warranty, either express or implied, in connection with this Site and all of its Content, which is provided to you AS IS AND WITH ALL FAULTS from the source. Any information, originated by BéndiksenLaw S.A.S. or by any third party, that you obtain through this Site does not have and will not generate any warranty from BéndiksenLaw S.A.S. BéndiksenLaw S.A.S., its affiliates, employees, directors, agents, officers, distributors, marketers, sponsors or licensors, make no warranty, either express or implied, in relation to the materials or content that you transmit to BéndiksenLaw S.A.S. through this Site, whether or not they are subject to reserve, confidentiality or secrecy. Any and all express or implied warranties are rejected and denied, especially but not limited to, those on the marketing or merchantability of the information contained on the Site and the Site, on the quality and suitability of the information on this Site and the Contents, on the non-infringement or suitability or adequacy for a particular purpose, the veracity and integrity of the Contents and information, the results obtained from the use of the Site, the Contents or the information contained in the Site, the security of the networks, the quality of the Contents and the information contained in the Site, the contractual, pre-contractual and non-contractual relations that you maintain with third parties through the Site, the absence of computer viruses, firewalls, the security of the technical elements or components used in accessing the Site or on which the Site is based, guarantees of compliance, and the absence of errors. The user of the Site shall be solely responsible for the operation, performance, and security of the networks (including wan, lan and wireless) and the computers on which the Site is accessed. The user of the Site acknowledges that the Site may be unavailable due to a number of factors, including but not limited to, causes of force majeure, unauthorized access, computer viruses, denial of service and other attacks, technical server failures, telecommunications infrastructure failures or discontinuity. BéndiksenLaw S.A.S. expressly disclaims any express or implied warranty concerning the use of the Site and/or the availability, accessibility, security, performance, or error-free operation thereof. BéndiksenLaw S.A.S. denies and rejects any warranty on the correction of defects that this Site and its Contents may have, or on the non-existence of harmful or harmful technical or technological components.
- No liability for claims or damages. You as a user of the Site assume your own risk in accessing and using the Site, including any personal and proprietary and third-party risk that may arise from knowing, using, sharing or downloading any Content or information provided on this Site or otherwise obtained by you through this Site. You as a user of the Site will be solely responsible for any damages that access to the Site may cause to the information and communication systems you use to access it, including damage from computer viruses. BéndiksenLaw S.A.S., its affiliates, employees, directors, agents, officers, distributors, marketers, sponsors or licensors, as permitted by applicable law, shall not be liable in any event, whether or not there are claims or actions of any kind or form, for any damages, whether direct or indirect, special, punitive, exemplary, consequential, actual, eventual or any other, that is caused to or suffered by the user of the Site or any third party, including but not limited to damage to human integrity, property, loss of use, commercial loss, economic loss, loss of data or loss of profits, damage caused by virtue of contractual liability, negligence, and/or tort, for accessing and using the Contents of this Site or using the information contained on the Site. ACCESS TO AND USE OF THIS SITE MEANS THAT YOU HAVE AGREED TO HOLD BéndiksenLaw S.A.S. HARMLESS. FOR OR WITH RESPECT TO ANY CLAIM, COMPLAINT, ADMINISTRATIVE OR JUDICIAL INVESTIGATION, LEGAL ACTION OR PROVEN LIABILITY BASED ON OR RELATING TO BéndiksenLaw S.A.S.’s VIOLATION OF THESE TERMS AND CONDITIONS. ACCORDINGLY, YOU MAY NOT SUE OR INITIATE ACTIONS OF ANY KIND, OR RECOVER ANY DAMAGES OF ANY KIND FROM BéndiksenLaw S.A.S. AS A RESULT OF ANY DECISION OR ACTION OF BéndiksenLaw S.A.S. IN THE ADMINISTRATION, MANAGEMENT, OPERATION AND EXECUTION OF THIS SITE. THIS INDEMNITY APPLIES TO ANY VIOLATION BY BéndiksenLaw S.A.S. OF THESE TERMS AND CONDITIONS.
- Arbitration Clause. Any controversy related to or arising out of or on the occasion of the acceptance, interpretation, execution of these TERMS AND CONDITIONS or the use or use you make of this Site, the Contents and the information contained in this Site, will be resolved by an Arbitration Tribunal before the Chamber of Commerce of Bogotá, in accordance with the following rules: The Tribunal shall be subject to the rules of procedure of the Arbitration and Conciliation Centre of the Chamber of Commerce of Bogotá. The Tribunal shall be composed of one (1) arbitrator, appointed by the Chamber of Commerce of Bogotá. The Tribunal shall decide in law. In the event that the dispute is of a technical nature, the Chamber of Commerce shall appoint an expert specialized in the subject. The term for the Tribunal to rule on the merits shall be three (3) months from its constitution. The costs arising from the constitution and operation of the Tribunal shall be borne by the defeated party.
- Governing Law. These TERMS AND CONDITIONS shall be construed and enforced exclusively in accordance with the laws of the Republic of Colombia.
- Modifications. Nothing in these TERMS AND CONDITIONS may be unilaterally modified, deleted, or added by the user of the Site.
- Applicability. If any section or part of these TERMS AND CONDITIONS is unenforceable or rendered invalid, in whole or in part, under any law, or is rendered as such by court decision, such section shall be construed in accordance with applicable law and its unenforceability or invalidity shall not render these TERMS AND CONDITIONS in general, nor any remaining provisions or portions thereof, unenforceable or invalid or ineffective in their entirety and, in such event, such provisions shall be changed and interpreted in such a way as to best achieve the objectives of the unapplicable or invalid provisions, within the limits of applicable law or applicable court decisions.
- No waiver. The non-application by BéndiksenLaw S.A.S. of any of the conditions, terms and rights included in these TERMS AND CONDITIONS shall not be construed as withdrawal or waiver of the rights of BéndiksenLaw S.A.S. to enforce those provisions at a later time.
- Last updated. These TERMS AND CONDITIONS were last updated on September 17, 2021. We remind you that when you access and make use of the Site, including any and all of the BéndiksenLaw S.A.S. Websites, you freely agree to comply with these TERMS AND CONDITIONS.