Terms and conditions

1.ACCEPTANCE OF THE TERMS AND CONDITIONS

1.1. The digital publication esencia-cafetera.com is owned by Esencia Cafetera, registered to Rubén Darío Lozano Mejía, a natural person in Colombia. Access to, participation in, and use of Esencia Cafetera are governed by the Terms and Conditions set forth herein, which are understood to be known and accepted by the User of Esencia Cafetera. A User is defined as any person who accesses, participates in, or uses Esencia Cafetera (hereinafter, the “User”) or any of the services provided by it, and this implies the User’s full and unconditional acceptance of these Terms and Conditions. If at any time the User does not agree, in whole or in part, with these Terms and Conditions, they must immediately refrain from using Esencia Cafetera in any of its parts or sections. Otherwise, any use thereof will be presumed to constitute the User’s unreserved acceptance of the Terms and Conditions of use, under their full responsibility.

1.2. Esencia Cafetera reserves the right to make modifications to these Terms and Conditions at any time, for example to address changes in the Law or regulations or changes in the functionalities and services offered through the website.

1.3. Given the binding nature of these Terms and Conditions, it is the sole responsibility of the User to review the Terms and Conditions in force at any given time.

2. USE OF DIGITAL PUBLISHING

2.1. Access to and/or use of the Coffee Essence confers the status of User, who accepts from such access and/or use, the Terms and Conditions of Use reflected here and is obliged to comply with them .

2.2. Esencia Cafetera provides access to various services, programs, or data owned by Esencia Cafetera or third parties, which the User may access. The User assumes responsibility for the use of Esencia Cafetera. This responsibility extends to any registration required to access certain services or content offered by Esencia Cafetera, which is governed by the provisions of the following section.

2.3. Access to the digital publication Esencia Cafetera by the User is free of charge; however, on the “Contact” page, it may be subject to registration and authentication of the User by email for queries or comments in the manner determined in the corresponding Terms and Conditions.

2.4. The various sections of the Esencia Cafetera website that offer Products or Services are intended exclusively for Users over 18 years of age. Contact in this section of the digital publication by individuals under 18 years of age will be filtered, rejected, or ignored. Terms and Conditions of Use. By accessing the sections containing Esencia Cafetera Products or Services, the User guarantees that they are over 18 years of age and accepts and agrees to comply with all the Terms and Conditions established herein.

2.5. Esencia Cafetera authorizes the User to consult, review and use the published material for informational purposes found in the digital publication, solely for personal use, communicative dissemination and without any commercial purpose.

2.6. Unauthorized use of Esencia Cafetera may constitute a violation of Colombian or foreign copyright laws, industrial property laws or other laws.

2.7. The User acknowledges and accepts that any question, comment, suggestion, idea, feedback , material, and/or any other related information that they wish to share and voluntarily and freely provide to Esencia Cafetera or to the products or services offered therein, will not be proprietary. The User will be considered the copyright holder of said content and, having submitted it to Esencia Cafetera and granted voluntary and free authorization for its use during the specified period, will not be entitled to receive any compensation, remuneration, or remuneration, nor will they have the right to any subsequent claim of any kind. Esencia Cafetera may, in turn, make any type of use of said material, by virtue of the free or exclusive license thus granted.

3. USER REGISTRATION

3.1. To submit comments and inquiries regarding news, updates, product information, services, and offers available on Esencia Cafetera through newsletters and content in its various sections, Users must contact us via the Contact or Comments forms, or via the WhatsApp number provided on the website . In either case, Esencia Cafetera will store the User’s personal data in the corresponding database, duly authorized by the User through confirmation or by checking a box for its use.

3.2. To access the products or services offered by Esencia Cafetera, the user must contact the email address [email protected], which is automatically provided in the “Contact” and “Comments” forms. In either case, Esencia Cafetera will store the User’s personal data in the corresponding database.

3.3. By registering through any of the means indicated in the previous section, the User agrees to: i) Provide true, up-to-date, and complete information about themselves as may be requested by any of the website’s registration forms (hereinafter “Registration Data”), ii ) Confirm their personal or attached information that may be requested for the purposes of the product or service they wish to acquire, iii ) Maintain and constantly update the Registration Data and any other information provided to Esencia Cafetera that applies to the provision of the product or service, iv ) Agree not to generate multiple User inquiries that are with accounts or data of third parties not previously authorized, vi) Receive information via email about the products or services of Esencia Cafetera and/or authorized, licensee, and/or third parties.

4. PRIVACY POLICY

4.1. Esencia Cafetera is committed to protecting the privacy of the User’s personal information obtained through digital publication, and undertakes to adopt a confidentiality policy as set out below.

4.2. Personal information is understood to be that provided by the User for registration, which includes data such as: first and last name, email address, and telephone number, as well as additional information if requesting a product or service, such as identification, age, gender, and address. The User acknowledges that the provision of personal information is voluntary and takes into account the purposes of the digital publication and Esencia Cafetera’s rights to use it, and with the understanding that such information will be part of a file and/or database containing their profile, which may be used by Esencia Cafetera under the terms established herein. The User may modify or update the information provided at any time. Esencia Cafetera advises the User to keep their information updated to optimize the information they may receive from the digital publication or via WhatsApp or email.

4.3. The User may request that their personal information not be provided by Esencia Cafetera and/ or third parties , by sending an email to [email protected] ; in which case Esencia Cafetera will not provide such information except if it is required by court order or to protect the property rights or any other right or guarantee of Esencia Cafetera.

4.4. Esencia Cafetera is not responsible for any consequences arising from the improper access of third parties to the database and/or for any technical failure in the operation and/or preservation of data in the system in any of the chapters or sections of the digital publication.

4.5. Esencia Cafetera does not guarantee that unauthorized third parties cannot become aware of the class, conditions, characteristics and circumstances of the use that Users make of the digital publication.

4.6. Anyone who completes the Contact or Comments registration form , or writes via WhatsApp on the website, agrees that their data will be added to Esencia Cafetera’s databases by confirming or checking a box . In any case, the User may at any time request the removal of their personal information from Esencia Cafetera’s databases by sending an email to [email protected]

5. USAGE MANAGEMENT

5.1. Users who wish to receive information about new content published by Esencia Cafetera in its digital publication can subscribe through the Contact or Comments forms located on the website or by emailing [email protected] to receive alerts, product or service promotions, notifications about new content or exclusive publications coming soon to the digital publication, as well as announcements about events, advertising, or other information of interest to users.

5.2. Users who access digital updates or alerts may use them solely for informational purposes and not for commercial or other purposes. The following are subject to copyright and intellectual property rights of Esencia Cafetera: i) Texts; official announcements, reviews, information about Esencia Cafetera products or services, ii ) Photos or images of Esencia Cafetera , iii ) Videos, promos or trailers about Esencia Cafetera, iv ) Audio or musical tracks related to Esencia Cafetera productions, v) Exclusive interviews, reviews or chronicles of Esencia Cafetera, vi) Previews, vii ) News articles or related content.

5.3. Users will be able to access digital alerts or updates via email or WhatsApp to stay informed. If any of its content needs to be reproduced and/or communicated, it will always be for the sole purpose of informing about an event, promotion, or news related to or associated with Esencia Cafetera.

5.4. In the case of retransmitting audiovisual, photographic, multimedia, textual or musical material, to contextualize or illustrate your journalistic notes, you may do so as long as you respect the relevant copyright, with the permissions requested or credits of use by the company and you must include when mentioning or referring to them, courtesy of Esencia Cafetera, tour operator agency.

5.5. The Material may not be used under any circumstances for commercial purposes or for any activity or purpose other than that established in the previous section.

5.6. Likewise, users assume responsibility for the use and handling of the material and agree not to use it to: i) distribute it, ii ) violate any applicable law or regulation, iii ) infringe copyright or intellectual or industrial property rights of Esencia Cafetera or third parties and/or the other uses established in the following section.

5.7. The User who voluntarily registers in order to receive digital updates or alerts from Esencia Cafetera, agrees that the content submitted will be used only for the purposes established herein.

6. SERVICES AND ADVERTISING

6.1. The services offered by Esencia Cafetera as a tour operator are provided to clients who are interested in contracting them. Esencia Cafetera charges for these services according to a list of established costs or rates applicable at the time of purchase.

6.2. The purpose of the services and products offered by the tour operator Esencia Cafetera is to: offer immersive coffee and agricultural experiences; tour, inform, educate, and present the coffee cultural landscape for tourists with qualified and expert staff; provide personalized logistical support and guidance; strengthen environmental protection and the responsible use of natural resources; and promote purposeful tourism. All these products and services are subject to confidentiality and the conditions established between Esencia Cafetera and the client.

6.3. For any questions, requests for information, rates, or to contract the services offered by Esencia Cafetera, users or third parties may contact us via email at [email protected]

6.4. Esencia Cafetera does not accept any request from users or third parties who attempt to contract the services for purposes that involve any crime, degrading or illegal action, or that violates human rights or the rights of minors.

6.5. Esencia Cafetera does not accept or provide any of the services offered, unless they have been contracted, agreed upon or arranged directly between Esencia Cafetera and the client.

6.6. The advertising or commercials published in the digital publication are there because a client paid for their placement . The fee charged to the client is defined according to a list of annual costs or rates established by Esencia Cafetera.

6.7. The value billed by Esencia Cafetera to the client will be according to the price of the banner, taking into account the section, space and size where it is located in the digital publication, as well as whether the design or animation is or is not prepared by the company for the client, and according to the number of seconds and periodicity or time that the advertising will be maintained published in the digital publication.

6.8. The publication of a banner ad placed by a client is solely for commercial purposes, and Esencia Cafetera is not responsible for the type of promotions, discounts, products, or services offered by the client . However, Esencia Cafetera refrains from disseminating advertisements that contain obscene or violent messages, or that violate human rights.

7. USER CONDUCT

7.1 The User agrees to make appropriate use of the content, products and services offered by Esencia Cafetera or third parties through the digital publication and, by way of example but not limitation, agrees not to use it for:

1. i) Engaging in illicit, illegal, or activities contrary to good faith and public order; ii ) Disseminating content or propaganda of a racist, xenophobic, pornographic nature, or that incites terrorism or violates human rights; iii ) Causing damage to the physical and logical systems of Esencia Cafetera, its suppliers, or third parties, or introducing or spreading computer viruses or any other physical or logical systems that could cause the aforementioned damage; iv ) Attempting to access and, where applicable, use the User accounts of other Users and modify or manipulate messages; v) Registering more than one User account, registering a User account on behalf of another person, or registering a User account on behalf of a group or entity (applies to the Contact or Comments sections); vi) Impersonating another person or entity, making false statements, or providing false information about oneself, one’s age, or one’s relationship with any person or entity; vii ) Uploading, posting, transmitting, sharing, storing, or facilitating unsolicited or unauthorized advertising, unlawful solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other type of unlawful or commercial communications; viii ) Collecting email addresses or other contact information from other Users through the digital posting by electronic or other means for the purpose of sending unsolicited emails or other unauthorized communications; xix ) Using automated scripts to collect information through the digital posting or to otherwise interact with Users; x) Collecting and/or disclosing personal data of oneself or others; xi) Impersonating any User; xii ) Harassing, bothering, or intimidating other Users; xii ) Upload, post, transmit, share, store, or facilitate content that constitutes, incites, or provides instructions for committing crimes, infringes the rights of a third party, gives rise to liability, or violates any local, state, national, or international law; xiii ) Upload, post, transmit, share, store, or facilitate content that, in Esencia Cafetera’s sole judgment, is objectionable or restricts or prevents the use or enjoyment of the digital publication by others, or that may expose Esencia Cafetera or its Users to damages or liabilities of any kind; xiv ) Solicit personal data from minors under 18 years of age or solicit passwords or personal data for commercial or unlawful purposes; xv ) Upload, post, transmit, share, or facilitate material that contains computer viruses or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment; xvi ) Include in Esencia Cafetera information or material that is protected by copyright laws, unless the User is the owner of such rights or has obtained permission from the owner of such rights and xvii ) include information or material that reveals industrial or trade secrets.

8. THIRD-PARTY WEBSITES AND CONTENT

8.1. Esencia Cafetera contains (or the User may receive through the website ) links to other websites (the “Third-Party Sites”), as well as articles, photographs, text, graphics, images, designs, information, and other content or elements belonging to and originating from third parties (“Third-Party Content”).

8.2. Esencia Cafetera does not check or verify the accuracy, suitability, or completeness of such Third-Party Sites or Third-Party Content found in the digital publication and is not responsible for Third-Party Sites accessed through Esencia Cafetera or Third-Party Content posted in the digital publication, accessible through Esencia Cafetera, or installed from it, including with respect to content, accuracy, offensiveness, opinions, reliability, privacy policy, or other policies of the Third-Party Sites or Third-Party Content. The inclusion of any Third-Party Content, the creation of links to any Third-Party Site or any Third-Party Content, or Esencia Cafetera’s authorization for the use or installation of any Third-Party Site or Third-Party Content in the digital publication does not imply that Esencia Cafetera endorses or sponsors such Third-Party Sites or Third-Party Content.

8.3. If the User wishes to leave the digital publication and access Third-Party Sites, they do so at their own risk, in which case they acknowledge and accept that the Terms and Conditions of Use of Esencia Cafetera will no longer apply. Therefore, the User should consult the applicable Terms and Conditions, including privacy and data collection policies, of any site they access through the digital publication.

8.4. Likewise, the establishment of any type of link by Esencia Cafetera to another website will not imply any type of relationship, collaboration, association, merger or participation between Esencia Cafetera and the owner of the linked website .

8.5. Links to other websites, other than those owned by Esencia Cafetera, are offered as a service or product to Users. If these links appear in banner ads, they will only be published as commercial advertising, subject to the cost, screen placement, banner size, design or animation, frequency, and transmission parameters agreed upon with the client who chose to advertise on Esencia Cafetera. Therefore, Esencia Cafetera is not involved in the production or promotional content displayed, nor in the products or services that these websites may offer.

9. COMPLIANCE WITH LEGISLATION

9.1 Esencia Cafetera is committed to the provisions of Article 16 of Law 679 of 2001, and rejects all forms of exploitation, pornography, sex tourism, and sexual violence against minors. These crimes are punishable under current legal provisions.

9.2 Esencia Cafetera complies with Law 17 of 1981 and Resolution 1367 of 2000 against the commercialization and trafficking of species of wild fauna and flora.

9.4 Esencia Cafetera protects smoke-free spaces, in accordance with Law 1335 of 2009.

9.5 Esencia Cafetera rejects discrimination or acts of racism against the vulnerable population, in accordance with Law 1752 of 2015 and Law 1484 of 2011.

9.6 Esencia Cafetera rejects the commercialization and trafficking of regional and national cultural goods. It complies with Law 303 of 1991 and its Decree 904 of 1941, Law 397 of 1997 and its Decree 833 of 2002, and Law 1185 of 2008.

10. OWNERSHIP OF THE CONTENT OF THE DIGITAL PUBLICATION

10.1. All content of Esencia Cafetera and available through it, the services and products it provides, and the generation of information including designs, text, graphics, images, videos, applications, software, sound and other files, as well as their selection and arrangement (the “Esencia Cafetera Content”) arranged on the website , are the exclusive property of Esencia Cafetera or third parties who by legal mandate or express authorization have granted Esencia Cafetera the right to use or exploit them, with all rights reserved.

10.2. Acceptance of these Terms and Conditions does not imply in any way the acquisition by the User of any intellectual or industrial property rights related to Esencia Cafetera or its Content. Esencia Cafetera does not grant any license or authorization for the use of its industrial and intellectual property rights or any other property or right related to this Website . Therefore, its total or partial reproduction, translation, inclusion, transmission, distribution, downloading, publication, storage, access, or sale in any way, in whole or in part, by any means now known or hereafter devised, is prohibited without the prior written consent of Esencia Cafetera.

10.3. The User may not upload or republish the Esencia Cafetera Content on any Internet, Intranet, or Extranet site, nor integrate the information into any other compilation database; any other use of the Esencia Cafetera Content is strictly prohibited without authorization. The use of the Material authorized to suppliers, strategic partners, journalists, and clients, as stipulated in section five of this document, is excepted from the provisions of this section.

11. EXCLUSION OF LIABILITY

11.1 . Occasionally , the digital publication may be unavailable for maintenance or other reasons. Esencia Cafetera assumes no responsibility for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, destruction, unauthorized access to, or alteration of, User communications. Esencia Cafetera is not liable for any technical malfunctions or other problems with the network or telephone service, software, applications, email, or servers caused by technical problems or traffic congestion on the Internet or any other site, including injury or damage to the User’s or any other person’s computer, mobile phone, or any other hardware or software, resulting from the use or downloading of materials in connection with the digital publication or its services.

11.2. Esencia Cafetera will not be liable under any circumstances for losses or damages or personal injuries or deaths, arising from the use by any person of the digital publication or any content or software, published on it or transmitted to Users.

11.3. Esencia Cafetera, its services, products, applications, and digital publication content are provided “as is,” and Esencia Cafetera expressly disclaims all representations and warranties, express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Esencia Cafetera cannot guarantee and does not promise any specific results arising from the use of the digital publication, its services, materials, or any platform applications . Esencia Cafetera does not represent or warrant that the software, content, or materials of the digital publication and its services and products, or the platform applications, are accurate, complete, reliable, up-to-date, or error-free, or that Esencia Cafetera, the service, the products offered, its servers, or the web platform applications are free of viruses or other harmful components. Accordingly, the User should exercise caution when using and downloading such software for the detection and disinfection of viruses recognized in the industry.

11.4. Without limiting the general nature of the foregoing provision, the User acknowledges and accepts that if he downloads or obtains content, material, data or software through the digital publication or any application of the platform at his own risk, he will be solely responsible for the use he makes of them, for any damage that his mobile device or computer system may suffer, and for the loss of data or other damages that may arise.

11.5. Esencia Cafetera reserves the right to modify any content, software, and other elements used or included in the digital publication and in any service, product, and application of the platform offered through Esencia Cafetera at any time and without prior notice. References to products, services, processes, or other information by trade names, trademarks, manufacturers, suppliers, or other means do not constitute or imply that Esencia Cafetera endorses, sponsors, or recommends such products, services, processes, or information, nor that it has any relationship with them unless it is a mutually agreed-upon partner or strategic ally.

11.6 In any case, Esencia Cafetera will not be responsible for the opinions or comments made by Users through blogs or other participation tools of the digital publication.

11.7. Limitation of liability; in no event shall Esencia Cafetera, its directors, employees or agents be liable to the User, or other third parties for any type of damage, including loss of profits or data arising from the use of the digital publication or its services or products or the platform applications, the content of Esencia Cafetera or other materials accessed through the digital publication or downloaded from it.

12. APPLICABLE LAW

By visiting or using Esencia Cafetera or its services or products, the User agrees that the laws of the Republic of Colombia will govern these terms of use as well as any dispute that may arise between him and Esencia Cafetera or with any of our affiliates.

13. ARBITRATION

Esencia Cafetera and the User agree that, unless otherwise stated with respect to specific services or products of the digital publication, in any specific terms and conditions applicable thereto, the exclusive jurisdiction and sole legal remedy for any disputes or claims relating to these terms of use, Esencia Cafetera, or its services or products, shall be arbitration. To the maximum extent permitted by applicable law, no arbitration proceeding or claim relating to these terms and conditions of use may be consolidated with any other arbitration proceeding or claim.

14. GENERAL PROVISIONS

These Terms of Use constitute the entire agreement between the User and Esencia Cafetera regarding the use of the digital publication and its services and products, and supersede all prior agreements between the User and Esencia Cafetera relating to the use of the digital publication or its services or products. The failure of Esencia Cafetera to exercise or enforce any right under these Terms of Use will not constitute a waiver of such right. If any provision of this agreement is held to be invalid, the remainder of this agreement will remain in full force and effect. If any provision of these Terms of Use is held to be illegal, void, or unenforceable for any reason, that provision will be severed from these Terms of Use without affecting the validity and enforceability of the remaining provisions.