TERMS AND CONDITIONS OF USE OF THE WEBSITE OF AG COLOMBIA INCORP S.A.S.
I. ACCEPTANCE OF THE TERMS
Please read these Terms and Conditions of Use (hereinafter, the «Terms») carefully before accessing or using the website https://www.ag-incorp.com (the «Service»), operated by [ ] («we», «us», or «our»).
Access to, browsing of, or use of the Site confers upon you the status of User and entails the full, express, and unreserved acceptance of each and every provision contained herein, in the version published at the time of access.
If you do not agree with any part of these Terms, you must refrain from accessing and using the Site.
These Terms are supplemented by the Personal Data Privacy and Processing Policy, documents that form an integral part of these Terms and which the User declares to know and accept.
In accordance with Law 527 of 1999, the parties acknowledge the full validity, binding force, and legal effect of the electronic acceptance of these Terms, as well as of the data messages exchanged through the Site.
II. DEFINITIONS
For the purposes of these Terms, the following definitions shall apply:
- Content: all text, images, graphics, logos, icons, photographs, video, audio, software, databases, design, structure, source code, and any other elements comprising the Site.
- Service: the Site and the functionalities offered through it, including contact forms, tools, chatbots, voicebots, and customer service channels.
- Professional Services: the legal, financial, and risk analysis consulting services (FinEc/SAGRILAFT), medical account analysis, receivables management and collection, and any other services rendered by AG INCORP under a separate agreement.
- User: any natural or legal person who accesses, browses, or uses the Site, whether or not previously registered.
- Client: the natural or legal person that has entered into an agreement for the provision of Professional Services with AG INCORP.
III. LEGAL CAPACITY
The Site is intended for natural persons over eighteen (18) years of age with full legal capacity to contract and to bind themselves, and for legal entities acting through their legal representative or a duly authorized attorney-in-fact.
By using the Site, the User declares that they meet this condition. AG INCORP does not direct its services to minors, nor does it intentionally collect their personal data.
Where the User acts on behalf of a legal entity, the User represents and warrants that they hold sufficient authority to bind such entity to these Terms.
IV. PURPOSE AND NATURE OF THE SITE
The Site is informational, corporate, and commercial-contact in nature. Through it, AG INCORP presents its portfolio of services, its track record, its service channels, and certain technological tools.
IV.1. Use of the Site does not create a professional relationship
Access to the Site, the completion of forms, the sending of e-mails, or interaction with our automated channels do not, in and of themselves, give rise to any contractual relationship, attorney-client relationship, mandate, or duty of professional confidentiality.
A professional relationship with AG INCORP arises solely upon the execution of the corresponding services agreement, following verification of conflicts of interest and completion of the internal onboarding procedures, including know-your-customer procedures and those for the prevention of money laundering and terrorist financing risk.
IV.2. No warranty of results
No description of services, figure, statistic, success story, or material published on the Site constitutes a promise, binding offer, or warranty of results with respect to legal, collection, financial, or any other type of engagement. Results depend on the particular circumstances of each case.
V. USER OBLIGATIONS AND PROHIBITED CONDUCT
The User undertakes to use the Site in accordance with the law, morality, public order, generally accepted standards of conduct, and these Terms.
The following is expressly prohibited, by way of illustration and not limitation:
- Providing false, inaccurate, or outdated information, or impersonating a third party.
- Introducing or disseminating viruses, malware, malicious code, or any other element capable of damaging, disrupting, or altering AG INCORP’s systems, conduct which may further constitute a criminal offense under Law 1273 of 2009.
- Attempting to gain unauthorized access to restricted areas, accounts, servers, or databases associated with the Site.
- Using robots, spiders, scrapers, crawlers, or any automated means to extract, copy, or massively index the Content, except with prior written authorization.
- Reverse engineering, decompiling, or disassembling the Site’s software.
- Reproducing, distributing, publicly communicating, or transforming the Content for commercial purposes without authorization.
- Using the contact details published on the Site to send unsolicited commercial communications (spam).
- Infringing intellectual property rights, image rights, or the rights to good name, privacy, or habeas data of AG INCORP or of third parties.
Breach of these obligations entitles AG INCORP to suspend or terminate the User’s access, without prejudice to any civil, administrative, or criminal actions that may be applicable.
VI. REGISTRATION, ACCOUNTS, AND TOOLS
Where the Site enables user registration or access to portals, platforms, or technological tools:
- The User shall provide truthful, complete, and up-to-date information.
- Access credentials are personal, non-transferable, and confidential. The User is solely responsible for safeguarding them and for all activity carried out under their account.
- The User shall immediately report any unauthorized use or security breach of which they become aware.
VII. AUTOMATED TOOLS (chatbots, voicebots, and artificial intelligence)
The Site may incorporate automated customer service tools. The User acknowledges and accepts that:
- Such tools operate through automated systems and do not replace attention from a professional.
- The responses generated may contain errors, inaccuracies, or outdated information and are strictly indicative in nature.
- Interactions may be recorded and stored for quality, security, training, and evidentiary purposes, in accordance with the Privacy Policy.
- AG INCORP does not guarantee the uninterrupted availability of these tools.
Where the User interacts with an automated channel, they may at any time request to be assisted by a natural person through the channels indicated.
VIII. INTELLECTUAL AND INDUSTRIAL PROPERTY
All intellectual and industrial property rights in the Site and its Content — including, without limitation, the AG INCORP trademark, its logo, trade names, graphic design, navigation structure, source code, texts, images, databases, and downloadable materials — are the exclusive property of AG COLOMBIA INCORP S.A.S. or of its licensors, and are protected by Law 23 of 1982, Law 44 of 1993, and other applicable national and international regulations.
Access to the Site grants the User no license, assignment, or right whatsoever over such elements, other than the limited, revocable, non-exclusive, and non-transferable right to view the Content for personal, non-commercial use.
The total or partial reproduction, distribution, public communication, transformation, or any other act of exploitation of the Content without the prior, express, and written authorization of the rights holder is prohibited. Quotations or partial reproductions permitted by law must at all times indicate the source and attribute authorship to AG INCORP.
Third-party trademarks, logos, and distinctive signs that may appear on the Site belong to their respective owners; their presence does not imply sponsorship, affiliation, or endorsement.
IX. FORCE MAJEURE AND FORTUITOUS EVENT
AG INCORP shall not be liable for any failure or delay in the operation of the Site where it results from events constituting force majeure or a fortuitous event under Article 64 of the Colombian Civil Code, including — by way of illustration — failures in telecommunications networks or electricity supply, cyberattacks, acts of authority, civil unrest, natural disasters, or public health emergencies.
X. SUSPENSION AND TERMINATION
AG INCORP may suspend or terminate the User’s access to the Site immediately, without prior notice and without liability, for any reason, including — without limitation — breach of these Terms.
The User may cease using the Site at any time.
XI. AMENDMENTS TO THE TERMS
AG INCORP reserves the right to amend, update, or replace these Terms at any time in order to adapt them to legal, technical, or business changes.
Amendments shall take effect upon their publication on the Site, indicating the date of last update. Where the revision is material.
Continued use of the Site after the amendments take effect constitutes acceptance of the revised Terms. If the User does not agree, they must refrain from continuing to use the Site.