This document contains the Terms and Conditions of Use of its website and/or app, as well as its services and products and governs the relationships, acts, contracts and/or legal effects that due to or in connection with its access and/or use may be generated, are generated or have been generated prior to publication.
Any person accessing or using the website and/or app, as well as the services and products on or from EZ LIVING, is subject to these Terms and Conditions of Use, which incorporate by reference and make an integral part hereof, the other policies and privacy notice of EZ LIVING SAS(EASY LIVING).
It is the duty of any person accessing or using the EZ LIVING website and/or app to be aware of the Terms and Conditions of Use as they are binding, and if you do not accept them you MUST REFRAIN FROM ACCESSING AND/OR USING
This duty translates into the obligation prior to access or use, to read, understand and accept all the conditions set forth in the Terms and Conditions of Use and in the Privacy Policies, Data Protection and Habeas Data Policies, Privacy Notices and other documents published on the website and/or app in which in one way or another regulate the relationships, acts, contracts and/or legal effects that arise due to or in connection with the access and/or use.
In the event that the REGISTERED USER has its own Terms and Conditions, Policies and Privacy Notices, those of EZ LIVING shall prevail against any person accessing through the EZ LIVING website and/or app.
CAPACITY
The Products and/or Services are only available to persons who have the legal capacity to contract in Colombia, respecting the fundamental rights of all persons (Law 1996 of 2019 and norms of the corresponding block of constitutionality).
The person who registers as USER, with such unequivocal act is declaring to have legal capacity and capacity to understand its legal scope.
INABILITIES
EZ LIVING reserves the unilateral right to disqualify any USER, by means of temporary suspension or cancellation of the services when he/she incurs or attempts to incur in illegal or immoral acts, contractual breaches, violations or threats to fundamental rights, consumer rights, the principle of good faith, competition, loyalty, good customs.
If grounds are found to disqualify a USER, EZ LIVING reserves the unilateral right to disqualify all other USERS belonging to or related to the same natural or legal person.
The disqualification proceeds at the unilateral discretion of EZ LIVING in a reasonable, proportional and without infringement of fundamental rights, without being obliged to communicate or explain the reasons for its decision and without giving rise to any right to compensation or indemnification.
REGISTRY
It consists of the partial or complete completion of the REGISTRATION FORM in all required fields and its submission to the EZ LIVING website and/or app.
It is the obligation of the aspiring USER to include complete, accurate, precise, truthful, current and verifiable data, as well as to update them if necessary after registration. For services, products or professions that require or require permits, professional cards, registrations, authorizations, authorizations (not limited to this list), EZ LIVING may request them to be included in the REGISTRY.
It is the USER's obligation to inform about this demand or requirement in case EZ LIVING does not require it.
With the partial or complete completion of the REGISTRATION FORM, you are giving clear, express and informed consent to EZ LIVING for the processing of data in accordance with the purpose of the website and / or app and with the Policies and Privacy Notices public, accessible and free. It is expressly understood declared by the USER that the data are complete, accurate, precise, truthful, current and verifiable.
EZ LIVING is not responsible for the completeness, accuracy, precision, truthfulness, timeliness or validity, verifiability, nor for the updating of the REGISTERED data. However, EZ LIVING reserves the right to verify them at any time.
ACCESS
A natural or legal person can have several USERS, using different e-mail addresses and passwords.
The USER will create and subsequently access a UNIQUE personal and non-transferable ACCOUNT, through the use of a USER NAME and a very personal PASSWORD, being his duty and obligation to keep this PASSWORD secret and confidential. EZ LIVING is not responsible for the secrecy and confidentiality of the KEY, except for the provision of a technology or protocol HTTPS (Hypertext Transfer Protocol Secure) and secure cloud service providers in accordance with reasonable and affordable parameters according to the capacity of EZ LIVING.
The USER NAME and PASSWORD will be stored on encrypted servers for verification purposes to ensure secure access.
The same USER may not create several SINGLE ACCOUNTS, sell or dispose of them, assign them, lease them, license or sublicense them, exploit them through a third party, grant them, or encumber them, under penalty of incurring in disqualification according to these Terms and Conditions of Use. EZ LIVING may exceptionally authorize this type of transactions expressly for which it is the USER's duty to request authorization.
The USER (VENDOR) may grant access to employees or contractors under his exclusive responsibility, creating accounts with unique access to his VENDOR profile, granting special or restricted access, exonerating EZ LIVING beforehand before himself and before third parties, for the use or abuse that such employees or contractors under their exclusive responsibility may make.
The responsibility for the access and use of the ACCOUNT is exclusive of the USER, who must immediately notify EZ LIVING of any anomaly, doubt, loss of PASSWORD, hacking, intrusion or any type of risk or vulnerability, unauthorized use, etc.
PURCHASE AND SALE OF SERVICES AND PRODUCTS
USER BUYER: When the USER registers in order to find an offer of services or products.
The USER who buys services or products, must clearly indicate quantity, quality, identity, special characteristics, time of purchase offer, delivery conditions, and all the conditions of the act or contract, of the service or product, that allow the seller to coincide with the demanded.
EZ LIVING will allow the filtering of sales offers so that the buyer can choose the one he will take, the buyer will exercise his right to give legal life to the act or contract regarding the service(s) and/or product(s). To the act or contract the contracting rules of the Code of Commerce apply, or the Civil Code in the cases in which the nature of the act or contract is civil of the Colombian rules.
The buyer may unilaterally withdraw his offer to purchase services and/or products, unless the act or contract has already come to legal life. And reimbursement will only be made by EZ LIVING CREDIT.
The purchase OFFERS will only be considered valid once they have been processed by the EZ LIVING computer system and the payment has been verified by the authorized platforms E PAYCO, or the one made available by EZ LIVING.
The offer to purchase is irrevocable, except in exceptional circumstances, such as if the seller substantially changes the description of the item after an offer has been made, if there is a clear typographical error, or if the seller's identity cannot be verified.
USER VENDOR: When the USER registers in order to purchase services and/or products.
In this case of offer of sale, the rules of the commercial offer according to the Code of Commerce apply, so that the seller must sustain the conditions published in the act or contract with which the sale is materialized. Colombian regulations apply.
The offer of sale ends at the expiration of the term of the publication, by right of withdrawal of the offer when the law allows it, by running out of the quantities offered. The OFFER of contracting a service ends with the expiration of the term of the publication or withdrawal of the same when the law allows it. It also ends when the unilateral withdrawal of the publication by EZ LIVING due to violation of legal and / or contractual rules, without any compensation, or obligation to provide reasons or motivations.
The seller has the faculty and obligation to enable or disable the offer of sale when its store is closed, in case of not doing so, it will be cause for DISQUALIFICATION.
It is the duty of the seller and his team to review the status of their publications and fully comply with the terms and conditions of service with the times, quantities, qualities, etc. of delivery of the service and / or products. Failure to comply with this obligation will result in DISQUALIFICATION.
PUBLICATIONS OF SERVICES AND/OR PRODUCTS
The USER may advertise, buy or sell only lawful products and/or services, in the relevant and appropriate categories according to their characteristics, purposes and nature.
The publications may include descriptive texts, graphics, photographs and other contents and conditions without violating legal, contractual, natural, good faith, moral and good manners precepts. EZ LIVING will make available a mandatory style guide.
Publications must comply with all Colombian consumer law rules and regulations, and all legal and regulatory requirements, such as (but not limited to): permits, professional cards, registrations, authorizations, authorizations. Publications must contain warnings in accordance with current regulations.
The service or product offered by the USER must be described with accuracy, clarity, truthfulness in its functionalities, conditions, uses, measures and characteristics.
The SELLING USER accepts that he/she has the intention and the right to sell the property offered by him/her, or is empowered to do so by its owner and has it available for immediate delivery or within the term specified in the publication.
Publications must clearly and truthfully indicate prices in Colombian legal currency, the value of the product or service and taxes (when applicable).
Payments can be made through the legal payment platforms in Colombia or in cash (pesos Colombian currency) in platforms such as balotto and similar, by bank transfers such as PSE.
Payments are not made with direct intervention of EZ LIVING, as they are made on different platforms.
The Terms and Conditions of Use, Policies and in general the regulations of the site on which the payment is made will apply to the payments. EZ LIVING's sole obligation is to link to such sites. EZ LIVING is not responsible for any act or contract, illegal or abnormal occurring on such sites that are completely beyond its control. USERS assume the risk of using the payment platforms exclusively.
According to tax regulations, the USER must issue an invoice or collection account (as appropriate) as proof of the act or legal business, except for individuals exempt from this obligation for making sales occasionally.
EZ LIVING is a meeting point between buyer and seller and does not participate in the transactions that take place between them, the Seller will be responsible for all obligations and tax charges that apply to the sale of their items, without EZ LIVING could be imputed to EZ LIVING any liability for non-compliance in this regard.
The seller accepts that its buyer may revoke the purchase within 10 days of receiving the product, may request an exchange or return of the product in accordance with the Consumer Statute.
The costs of exchange or return shall be borne by the buyer, unless the publication indicates that they will be borne by the seller.
The product will only be accepted for return if it is returned to the seller in identical conditions to those in which it was sold.
In cases where the service is a service of means and not of result, this must be expressly and visibly stated in the publication.
If the postings violate or threaten to violate the rules, EZ LIVING may unilaterally remove them without any compensation or obligation to explain to the USER.
EZ LIVING BUYER OR SELLER
EZ LIVING may act as buyer or seller and the same terms and conditions shall apply to it according to the capacity in which it acts, except in relation to the payment of the plans.
INTELLECTUAL PROPERTY OF THE USER'S PUBLICATIONS AND CONTENTS
The USER guarantees that he/she has the rights to use the logos, designs, drawings, images, brands, slogans, emblems, signs and in general all the industrial property assets of the services and products and has the copyrights of the services and products, either because they belong to him/her, or because they have been licensed, sublicensed, sold and authorized for use. You warrant that you have the necessary rights and authority to grant the authorization to EZ LIVING under this clause, and you release EZ LIVING from any infringement of third party rights or inconsistencies or inaccuracies in the Product Information and assume sole responsibility for intellectual property matters.
EZ LIVING reserves the right to check and disable the USER in case of doubts, inconsistencies or violations, without compensation or explanation to the USER. EZ LIVING reserves the right to denounce at any time any infringement of intellectual property rights.
EZ LIVING may obtain intellectual property data directly from the USER, third parties authorized by the USER, or through the website and/or profiles on social networks of the USER.
The USER grants EZ LIVING free, irrevocable, non-exclusive, international and without time limit authorization to use, publish, reproduce and/or adapt the images, photographs, the Trademark and Product Information and other elements of industrial property, in order to be used on the website and/or app, social networks and/or in any mass and non-mass media of communication, including without limitation, platforms and any other digital or physical media, or with those other platforms or Internet sites with which it has made an alliance, to identify offers, classify products, create catalogs, carry out advertising and marketing actions linked to its services. Allowing the association with trademarks and / or trade names of third parties, sublicense its use to third parties, including, but not limited to, powers of use, publication, reproduction and adaptation of images, photographs, Brand and Product Information within the framework of the Catalog Publications.
PROHIBITIONS ON OFFERS FOR SALE AND PURCHASE AND PUBLICATIONS
It is forbidden to offer, demand and publish illicit products and/or services, for illicit, pornographic, xenophobic, discriminatory, racist, classist, political, that make apology to crime, terrorist, unnatural, immoral, against good manners, that threaten or violate fundamental rights, false, and in general those that according to the unilateral criteria of EZ LIVING are inconvenient, inappropriate and/or inopportune. In any case EZ LIVING reserves the unilateral right to remove the corresponding publication at any time, to disqualify the USER, to report it to the competent authorities, all without any compensation or obligation to provide reasons or motives.
VALUE ON THE PUBLICATION OF THE OFFER TO PURCHASE OR SALE AND ON OTHER ACTS OR CONTRACTS
EZ LIVING is currently promoting the registration and publication of services and/or products by the USER.
THE USERS must pay EZ LIVING a fee on the publication even if THE USER over the contracted advertising service, in which case he/she must pay the fee immediately upon expiration of such term.
The costs to be borne by USERS vary according to the exposure of the advertisement on the Web Site, and shall be mandatory whenever they are published or have been made known to USERS in general or to certain USERS in particular.
Payments will be made to the account provided by EZ LIVING for this purpose.
EZ LIVING reserves the right to modify, change, add, or delete the current rates, at any time, with the changes taking effect from the moment of their publication on the website and/or app.
THE USERS acknowledge, accept and expressly state that EZ LIVING waives the requirements for constitution in default in case of non-payment of the cost, and that the value certified by EZ LIVING in the respective collection account, enforceable title or physical or electronic invoice contains a certain, clear, express and enforceable obligation against them. The acceptance of the General Terms and Conditions by the User entails the express consent to receive the aforementioned invoices in electronic form..
The offer and sale plans are:
a) Zero peso plan: $0 monthly + 20% commission (includes EASY LIVING commission and payment gateway commission).
b) Opening Plan and monthly fee 90,000 monthly 15% of commission (Includes EASY LIVING commission and payment gateway commission)
c) Opening plan and monthly payment 170,000 monthly 10% commission (includes EASY LIVING commission and payment gateway commission)
d) Personalized plan. Special cases at the discretion of EZ LIVING.
PRIVACY
The provisions of the EZ LIVING Privacy Policy apply. It is the obligation of USERS to refrain from threatening or violating the rights to privacy, intimacy, personal data and/or habeas data of other USERS, THIRD PARTIES, or EZ LIVING.
09 - Sanctions. Suspension of operations
Without prejudice to other measures, EZ LIVING may warn, temporarily suspend or permanently disable the Account of a User or a publication, apply a sanction that negatively impacts the reputation of a User, initiate actions it deems appropriate and/or suspend the provision of its Services in the following cases: (a) any law is broken, or any of the stipulations of the General Terms and Conditions and other policies of EZ LIVING; (b) if it breaches its commitments as a User; (c) if it incurs in the judgment of EZ LIVING in fraudulent or fraudulent conduct or acts; (d) the identity of the User cannot be verified or any information provided by the User is erroneous; (e) EZ LIVING understands that the publications or other actions may cause liability for the User who published them, for EZ LIVING or for the Users. In the event of suspension or disqualification of a User, all articles published by the User will be removed from the system. Offers to buy and sell goods and services offered will also be removed from the system.
DISCLAIMER OF LIABILITY CLAUSE
THE USERS exonerate EZ LIVING from liability for any inconsistency in the amount or value, as it is a relationship outside its sphere of action, outside its intervention and outside its knowledge.
The USERS VENDORS exonerate EZ LIVING from liability in cases where they mistakenly offer their products for wrong prices and must respect them before the USERS BUYERS or consumers, without any claim to EZ LIVING.
Likewise, the USER PURCHASERS (CONSUMERS) exonerate EZ LIVING from responsibility for the quality of its products or services, for the fulfillment in the dates and forms of delivery of the same, for the functionality of the products or services.
The intervention of EZ LIVING is that of a brokerage contract in accordance with the provisions of the Colombian Code of Commerce (Decree Law 410 of 1971 with its amendments and concordant, related and complementary rules).
The knowledge that EZ LIVING has of the market is limited to the information that the USERS, SELLERS and/or BUYERS provide on the website and/or platform, no market, product, economic or any other kind of analysis is carried out. Only the digital space is provided so that USERS can connect.
The legal business between USERS SELLERS and/or BUYERS takes place outside the platform (web or app) EZ LIVING and is totally alien to the ordinary business of the same platform (web or app), since the purpose of the same is not the legal business between the parties, but the provision of electronic means to connect the demand with the supply of services and products in the market that make up its REGISTERED USERS (SELLERS and/or BUYERS).
EZ LIVING currently does not charge for the REGISTRATION, but it is the duty of the USERS to pay the corresponding remuneration once the legal business whose execution was initiated through the web platform or app, or for the advertising space, without it being understood that EZ LIVING is part of such legal business. The remuneration is caused by reason of the provision of electronic means to connect the demand with the supply of services and products in the market that make up its REGISTERED USERS (SELLERS and/or BUYERS).
The USERS exonerate EZ LIVING from any illegal activity of other USERS participating in the supply and demand through the web platform or app, as it is known that EZ LIVING only provides the digital space but does not perform supervision, nor does it exercise police or control functions, which are the responsibility of the competent authorities. It is the obligation of EZ LIVING as well as of all its USERS to inform the platform administrators and the competent authorities of any irregularity. The exercise of EZ LIVING vis-à-vis its USERS is based on the principle of good faith enshrined in the constitution.
The administrators or managers of EZ LIVING do not properly perform the functions or commercial acts, but they perform their liberal professions in order to build and implement and make available to the USERS the website and/or app, they are not responsible for the acts or contracts that are propitiated and executed because or on the occasion of the supply and demand of the website and/or app, therefore the USERS exonerate them from any legal and patrimonial responsibility regarding acts or contracts of the market of supply and demand arising on the platform. They also exonerate them from tort liability with respect to third parties, since they do not perform any kind of surveillance, control or police activity on the actors of supply and demand, nor on their relationships, nor on their acts or contracts. The knowledge is subsequent, that is, once they become aware by themselves or by third parties of the activities, products, business, payments, or in general of the facts, acts or contracts of its USERS, in which case the DISABLEMENT will proceed according to these terms and conditions of use and other policies and documents of the website and / or app, or proceed with the complaints to the relevant administrative or judicial authorities.
In case of the occurrence of a crime, or the risk of its occurrence, it is the duty of the victim to go to the criminal jurisdiction and file the respective complaint. USERS exonerate EZ LIVING from the duty to report, unless they act as direct victims of the alleged punishable act or its threat.
For all of the above and because EZ LIVING participates during the time in which the good or service is published for sale, lease, concession, licensing or sublicensing, service, assignment or any type of business or contract, and does not participate in the subsequent negotiation and completion of the final act or contract between the parties, it is not responsible for the effective fulfillment of the obligations assumed by the USERS in the completion of the transaction.
USERS know and accept that when making transactions with other USERS or third parties, they do so at their own risk. It is the exclusive duty of the USERS to act with prudence and common sense, being their duty to foresee and prevent the risks of contracting with minors or with persons with false identity, persons declared interdicted, or with fraudulent payments. USERS disclaim all liability with respect to OFFERS, transactions, negotiations, payments, etc. that they make or attempt to make with other USERS, even when they are based on the trust placed in the system or the Services provided on the EZ LIVING web platform and/or app.
EZ LIVING will never be liable for loss of profit, or for any other damage and/or harm that the USER may have suffered.
USERS and THIRD PARTIES, exonerate EZ LIVING, its managers, directors, creators, employees, operators, advisors and attorneys-in-fact from liability in all cases in which claims or legal actions are initiated between them, or against THIRD PARTIES.
Users have 60 days from purchase to initiate a claim against another User or Users.
Given the special rules of consumer protection under the Economic, Social and Ecological Emergency, consumers will have sufficient time periods longer than 48 hours for the withdrawal and to make their claims taking into account the facilities of their mobility and the exceptions that allow them to leave without violating the mandatory isolation as long as the correlative rights of the SELLERS are respected.
THE USERS disclaim any liability and waive any claim, demand, request, requirement, etc., against EZ LIVING in the sense of the declaration of partnership contracts, mandates, labor relations, commercial agencies, intellectual property, consumer relations, competition, protection of personal data, habeas data, or of any kind or nature whatsoever.
USERS freely, voluntarily and expressly declare, by accessing the web platform and / or app that they acknowledge and accept that EZ LIVING has no control, interference, nor supervision, nor police, nor audit, regarding the quality, safety or legality of the goods or services, the truthfulness or accuracy of the ads, the ability of USERS, the identity of USERS, personal data entered to the platform.
USERS acknowledge and accept that EZ LIVING fulfills obligations of means and not of result in terms of the effectiveness of the interrelation and concretion of acts or contracts, knowledge, advertising, exposure, access to supply and demand, since its sole purpose is to make the digital platform available to USERS.
USERS exonerate EZ LIVING from any responsibility for any modification that may occur in their information systems by accessing or using the platform, since the platform does not access their operating systems, applications, or hardware in any way.
USERS exonerate EZ LIVING from all responsibility for any act of THIRD PARTIES that may violate the security of their information systems and their contents, since on the Internet, the risk of any intrusion, hacking, manipulation, deletion, modification is assumed, except for the security provided by the HTTPS protocol of the web platform and/or app and the encrypted cloud, and by the self-care and self-protection that obliges each USER.
USERS exonerate EZ LIVING from all responsibility for any virus, malware, human error, in its information systems, including in cases of transfer of data, files, images, text, or audio contained on the platform.
EZ LIVING is not responsible for the continuity of access to the platform, since there may be failures in the Internet, telecommunications networks, technical failures, and other circumstances, nor is it responsible for any error or omission in the contents of the website and / or app.
RATING
USERS accept the use of rating systems of their products or services by other USERS. In cases in which abuses are evidenced in the qualification to or by certain USERS, products or services, EZ LIVING will apply autonomously the sanction of DISABILITY, CANCELLATION OF REGISTRATION, and even may at its sole discretion to assist the complaints, actions and complaints that may arise before the judicial, criminal and / or administrative authorities.
The ratings and comments are made by the USERS and shall be the sole responsibility of the USERS. For their part, USERS are exclusively responsible for the ratings and comments they issue.
USERS release EZ LIVING from any obligation or requirement to verify their truthfulness or accuracy, or the decisions that may or may not be made by other USERS based on such ratings, or for the trust or distrust that they deserve. They also exonerate EZ LIVING from any positive or negative comments made by USERS or THIRD PARTIES through any media, social network, email, etc.
EZ LIVING reserves the right to edit and/or delete those comments that are considered inappropriate, inconvenient, or offensive, or that in its opinion should not appear on the platform, without prior notice or explanation.
THE USERS, BUYERS and SELLERS, may remove at will the comments or ratings, made by themselves or by third parties, as long as they have first degree of correlation, that is, posted by them or to them.
INDEMNITY
USERS and THIRD PARTIES, who by reason of or in connection with the access or use of the web platform and / or app EZ LIVING receive claims, demands, complaints, complaints, or any type of action where EZ LIVING may be affected economically or reputationally, expressly declare that they assume all responsibility and / or obligation to compensate and / or repair the victims, complainants, plaintiffs, complainants or any plaintiff, leaving EZ LIVING indemnified for any concept.
It is the duty of USERS and THIRD PARTIES to inform EZ LIVING immediately upon learning or being notified or for any reason becoming aware of any of the above or similar situations by sending an e-mail to info@easyliving.com.co.
THE USERS accept by virtue of the above that EZ LIVING may at its discretion intervene in such proceedings, procedures, or processes before any third party or authority, with the power to settle and conciliate at its own discretion and autonomy without the need to give reasons or explanations that motivate its intervention in any way.
THE USERS authorize EZ LIVING to withhold and/or debit from the bank account(s) existing and/or future funds to recover any expenses incurred in connection with the events of the preceding paragraph, which may include, among others, the fees of the professionals involved, collection expenses and legal costs.
COMPETENT JUDGES AND COURTS AND APPLICABLE LAW
Any controversy or difference relating to this contract shall be settled by an arbitration tribunal administered by the Conciliation, Arbitration and Amicable Composition Center of the Medellín Chamber of Commerce for Antioquia, which shall be composed of one (1) arbitrator. The arbitrator shall be appointed by drawing lots by the Conciliation, Arbitration and Amicable Composition Center of the Medellín Chamber of Commerce for Antioquia from its lists. The tribunal shall operate in the facilities of the aforementioned Center, shall be subject to the rules set forth in its Regulations, shall be governed by the provisions in force on the matter and shall decide in law.
The applicable regulations shall be those of Colombia.
ADDRESS
EZ LIVING's address for commercial, administrative and judicial notifications is: Carrera 43b# 16-95, Medellín, Antioquia, Colombia.
MODIFICATIONS TO THE TERMS AND CONDITIONS OF USE
EZ LIVING may modify the General Terms and Conditions at any time by posting the modified terms on the Site. All modified terms will become effective 10 (ten) days after their publication. Such modifications will be communicated by EZ LIVING to users who have indicated in their EZ LIVING Account Settings that they wish to receive notification of changes to these Terms and Conditions. Any user who does not agree with the modifications made by EZ LIVING may request the cancellation of the account.
The use of the site and/or its services implies the acceptance of these general Terms and Conditions of use of EZ LIVING.