The general terms and conditions established below regulate the use of the content and services provided by the Metrofraternidad Foundation on its web portal called www.metrofraternidad.org. Once the User enters the web portal, decides to use the services, products, content, and other materials, accepts the adhesion and acceptance of all the conditions mentioned below.
The Metrofraternidad Foundation reserves the right to modify or add new conditions, without prior notification, which will be incorporated immediately and will become effective, once included in this document, and will be applicable to all Users.
Information and Services
The use of the information on the web portal in other information resources is allowed with the prior authorization of Conclina C.A provided that the authorship of this is acknowledged. The User who contravenes must be subject to the civil and criminal penalties established by the law on copyright at the national and international level.
The User also accepts and acknowledges that Conclina CA is not responsible for any claim, loss or damage (direct or indirect) derived from or related to the use or reliability of the contents of this web portal, except in cases in which responsibility is covered. by law.
Conclina C.A may modify, update and / or delete contents of the web portal without prior notification to its Users, but it is not responsible for the information or data entered on the website by third parties.
Privacy and Confidentiality
Conclina C.A considers as a fundamental objective to guarantee and protect the privacy and confidentiality of the personal data of its Users, in accordance with current legislation.
The User can freely navigate the web portal; However, to access some specific services on this website, you must register personal information and the User voluntarily decides whether to carry out the process or not. In the event that he decides to continue with the process, the User declares that all the information that is entered due to the use of the web services offered by Conclina C.A. They are true and authentic; therefore, it releases Conclina C.A. from all responsibility. regarding the veracity of these.
Any communication or material that the User transmits to the web portal through its tools or by email, chats, forums, or any other way, including any question, comment or suggestion, is and will be treated as non-confidential and the User will assume sole responsibility. this. On the contrary, any other personal data (name, age, address, telephone number, identity card) that the User provides for the use of the services and / or contents on the web portal, are confidential and will not be given to third parties for the purposes of commercial or of a similar nature unless there is express authorization from the owner or are required by the competent authority.
Links from this web portal to third parties:
The web portal may contain links to pages / websites / social networks outside of Conclina C.A – Fundación Metrofraternidad that contribute to providing information, updating, and training to its Users, however, Conclina C.A. It will not be responsible for the information, availability of these, nor for the policies or practices of said links that appear on the web portal. The links that appear on the Web portal are subjected to a rigorous quality evaluation so that there are always reliable Web pages without prejudice to the fact that they are not the responsibility of Conclina C.A. but of their owners and / or authors.
Conclina C.A. – Fundación Metrofraternidad is open to organizations or individuals to create links from the home page or to individual pages within our Web portal without the need to request approval; However, said organizations or individuals must adhere to the following conditions:
- Links should not be used in a defamatory context.
- The URLs of the web portal may change without prior notification to those who link to it.
- You cannot copy the logo of the Fundación Metrofraternidad, any of the CONCLINA C.A. or none of its brands to create links.
- Creating a link with the web portal does not commit or oblige to create a reciprocal link.
Not to use, modify, expand, disclose, reproduce and / or distribute the information and contents of the Metrofraternidad website without the proper textual citation. In case it is verified that the contents have been manipulated, Conclina C.A. and the Fundación Metrofraternidad, reserve the right to initiate the corresponding legal actions.
Intellectual Property Rights
The intellectual property rights of any material, including texts, photographs, videos, sounds and others, are owned by its authors, including Conclina C.A. – Fundación Metrofraternidad, thus reserves all intellectual property rights over the contents of its authorship and those that are assigned to it.
Payments and means of payment
The promotions, products, and services to be contracted by the Users could be subject to the payment of a price or rate that the Page informs for this purpose.
Payments made through the Website will be made through the payment button system, with credit or debit cards from banks associated with the payments button.
The use of the bank cards associated with the payment button solution is subject to the existing contract between the User and the corresponding issuing bank, so all aspects related to their use will be governed by the respective applicable contracts. As a consequence of the foregoing, Conclina C.A. – Fundación Metrofraternidad will not be responsible for any circumstance derived from the use of such cards.
The operation and use of the payment button system of PAYMENTEZ and PRODUBANCO is the sole responsibility of said companies, for which Conclina C.A. – Fundación Metrofraternidad does not assume any responsibility as a result of the use of said system.
The User agrees to pay unconditionally without protest to the Issuer of the credit card the total of the values expressed in the Authorization of Charge Order, in the place and on the date that is reconvened. In case of default, you will pay the maximum rate authorized for the credit card issuer and the fees that this institution establishes for handling the overdue portfolio.
The user exempts the issuer of the credit card from any responsibility for the values reported by Conclina C.A. – Fundación Metrofraternidad, for which it now renounces any claim and initiates any legal action against the indicated Institutions, which will not require another instrument or document to process the generated values on their credit card, the same as from it already accepts and recognizes them as an obligation.
The user expressly agrees to send written communication 60 days in advance, both to Conclina C.A. as well as to the Issuer’s Head Office, in the event of revocation of this authorization, otherwise the charge order expressed for the aforementioned services will be understood to be in force.
In the same way, it authorizes that in case of loss, theft, robbery or any circumstance for which the number of the credit card previously singled out was changed, the new number assigned to it is available to make all payments unconditionally within of the corresponding period, in such a way that the change of the indicated number is not cause for not canceling the amounts owed.
Additionally, it freely and voluntarily declares that the promotions, products, or services requested from the company Conclina C.A., protect goods of legal origin and that they are not linked to drug trafficking, money laundering or terrorist financing activities. It also declares that the funds with which the donations to Metrofraternidad will be paid have legal origin and are not related to the activities mentioned above.
The User declares that the information contained in this form is true, complete and provides the information in a reliable and up-to-date manner; also declares to know and accept that it is their obligation to update their personal data annually, as well as to immediately communicate and document to Conclina C.A – Fundación Metrofraternidad any change in the information they have provided. During the validity of the relationship with the company, it undertakes to provide the documentation and information that is requested.
You accept and certify that you are aware of the promotions, products or services contracted and that you have read in detail the terms and conditions to be applied, so you accept them freely and voluntarily. Likewise, it confirms its willingness to submit to the arbitration clause contained in this agreement for the use of electronic media.
Note: In the event of any discrepancy between the general conditions of this contract and the conditions of promotions, donations made through the web portal and any other service by electronic means offered by the Metrofraternidad Foundation, especially its arbitration clause and this document, the conditions of this contract will prevail. The validity of this begins upon receipt and acceptance of this request by Conclina CA, who reserves the right to initiate actions in case of verification of fraudulent use of the information delivered and / or transmitted through the use of the electronic services offered. by the Metrofraternidad Foundation on its web portal.
Responsibility and use of electronic media agreement
The User, through the subscription of this agreement, declares to be interested in using the established virtual mechanisms, such as but not limited to, email, SMS messages, mobile application, social networks and the web portal, for which he expresses his Willingness to preferentially use the means of notifications through the Internet, in the personal mailbox of the email provided and granting your consent to do so.
The User knows and expressly accepts that the signing of this agreement does not prevent Conclina C.A. – Fundación Metrofraternidad when circumstances so require, notify the User by the other means established by law or in this agreement. The electronic notification of electronic and / or telematic means of Conclina CA, mentioned in this agreement, implies the act by which the company makes known to the User the billing content, credit notes (if applicable), withholdings (if applicable) , results of laboratory tests, promotions and advertising, subscription, renewal, maintenance, payment and services. Said data message is understood as all information created, generated, processed, sent, received, communicated, or filed by electronic means, which can be exchanged by any means and that the User declares to know, read, understand and accept.
- The User assumes full responsibility for the veracity of the information for the subscription, renewal, and management of donations that the Metrofraternidad Foundation makes available through the Internet and mobile applications, so in case of misuse, loss or Arbitrary disposition of their credit cards, the User releases all responsibility for the effects, consequences and / or damages and losses, both patrimonial and moral, that they may suffer.
- The User agrees to periodically enter the registered email and / or review the text messages sent and / or the notifications that, by any means, Conclina C.A. – Fundación Metrofraternidad carry out the same, in order to review the information that is sent to it by this means on behalf of this entity, as well as access its content. Failure to comply with this responsibility will not affect the legal validity of the notification made, without prejudice to the responsibilities that may arise.
- The User accepts that all transactions carried out through the website, Internet or mobile application will be guaranteed through the payment button service and from it will derive all the commercial responsibilities that today arise from the autograph signature, as stated in the “Law of Electronic Commerce, Electronic Signatures and Data Messages”.
- The User understands and expressly accepts that the notifications or other information sent by Conclina C.A. – Fundación Metrofraternidad, will be received in the valid email box initially registered. Conclina C.A. It will verify by means of its computer tools, the exact day and time on which said notification occurred, and if necessary, it will establish through the means and competent personnel, the relevant notification certificate, as proof of having been made.
Within the electronic services of this agreement, Fundación Metrofraternidad makes the following services available to the User, which may be accessed, according to the conditions and characteristics described in this document:
- WEB PORTAL – An application in which the User can access through an internet connection and a web browser, and where information is available regarding its programs and services, promotions, news and more topics related to the Foundation’s daily activities.
- NOTIFICATIONS: In an automated way, the electronic services will issue notifications, for which the User must enter the application and provide the information requested by the company in charge of the payment button. The email notifications that are generated through the electronic services of Conclina C.A. they will always contain the domain hmetro.med.ec, otherwise they must be rejected by the User.
The parties submit the resolution of all disputes arising from this agreement, including its interpretation, application and compliance, damages and non-pecuniary damage, to arbitration administered by the Arbitration and Mediation Center of the Quito Chamber of Commerce.
The parties may freely sue and counter exclusively on the same matter. The arbitral tribunal will be composed of an arbitrator and the arbitration will be in law and confidential. The court is empowered to execute precautionary measures requesting the assistance of public officials without the need to go to any ordinary judge.
The parties indicate as their addresses for all citations and notifications related to the arbitration, those that appear in this document.
I declare that I am aware of the provisions of article 2 of the Law on Electronic Commerce, Electronic Signatures and Data Messages, which states: “Legal Acknowledgment of data messages. – Data messages will have the same legal value as written documents. Its effectiveness, evaluation and effects will be subject to the provisions of this Law and its regulations. ” Therefore, I sign this instrument by agreeing and since this agreement protects my interests, accepting its terms and conditions, having been informed in a clear, precise and satisfactory way about the equipment and programs that I require to access the records or messages, as established in article 48 of the Law on Electronic Commerce, Electronic Signatures and Data Messages
The signing of the agreement will imply the acceptance of each and every one of the established provisions, which are understood to be incorporated into this text. The terms and conditions are subject to the provisions contained in the Electronic Commerce Law, electronic signatures and data messages, and the commercial and prepaid medicine regulations in force in Ecuador.
The User accepts the validity of this agreement, the User password that is provided, as well as the notifications sent to Conclina C.A – Fundación Metrofraternidad using the systems or electronic means that Conclina C.A makes available to him.
The User signs this agreement on their own initiative and voluntarily submits to what is stipulated here.
Restriction of liability of Conclina C.A. – Metrofraternidad Foundation
Conclina C.A – Fundación Metrofraternidad will not be responsible for losses or damages suffered by the User due to technological failures under his responsibility. Conclina C.A – Fundación Metrofraternidad has no responsibility for the accuracy, veracity, content or for any error in the information provided by the User, whether it is human or technological errors.
The User has the obligation to immediately notify Conclina C.A. – Fundación Metrofraternidad, about any change in the information provided, to the email email@example.com. In the event that the User does not communicate the change or update the information in the update campaigns carried out by Conclina C.A. – Fundación Metrofraternidad, it will be understood that the email address, their digital data and other personal data are valid, and therefore, the User expressly accepts the validity of the notifications made by these electronic means to their person.
This agreement of responsibility and use of electronic means will last indefinitely unless the User expresses his willingness to put an end to it, notifying the individual at least 30 days in advance of the desired termination date. Without prejudice to this, Conclina C.A. – Fundación Metrofraternidad may at any time terminate this agreement, communicating the individual to the User at least 30 days in advance of the desired termination date.