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Terms and Conditions

 

These TERMS AND CONDITIONS belong to LIZ HOLDINGS SAS, a company identified by Nit. 901.502.123-0, who will be identified as "LIZ" from now on.

 

We appreciate reading these terms and conditions carefully, taking into account that their acceptance is mandatory for the use of the platform owned by LIZ. Browsing and/or using the PLATFORM implies that you have read and accepted these terms and conditions.

 

If you do not agree with these terms and conditions, you must refrain from using our PLATFORM.

 

LIZ can modify the terms and conditions at any time and their effects will be fulfilled after their publication. The continued use of the PLATFORM will be understood as acceptance of said modifications.

 

These terms and conditions are intended to regulate the contractual relationship between users, and between them and LIZ, regarding the leasing of personal property through the PLATFORM.

 

In addition to knowing and accepting these terms and conditions, the person who uses the PLATFORM must have read and accepted the Privacy Policy and Treatment of Personal Data. By using the PLATFORM, the person accepts and is aware that they are bound by these Terms and Conditions and by the Privacy Policy and Treatment of Personal Data.

 

DEFINITIONS

 

ASSETS: Bodily things that can be transported from one place to another and that can be rented through the PLATFORM.

 

USER(S): natural or legal person who accesses, browses or uses the services or carries out any type of activity, free or onerous, through the PLATFORM.

 

LESSOR USER(S): Natural or legal person who publishes ASSETS that can be leased by the LESSEE USER.

 

USER(S) LESSEE(S): Natural or legal person who leases the ASSETS published by the LESSOR USER.

 

PLATFORM: web development or mobile application   that allows and facilitates USERS access to SERVICES. It refers to all the web and mobile content of the page and the application, and all the links, micro-sites, pop-ups, notices, advertisements, pages, blog and content derived from said website and mobile application.

 

SERVICES: connectivity or intermediation between the LESSOR USER and the LESSEE USER so that the lease contract can be concluded between them according to the ASSETS offered on the PLATFORM.

 

LEASE AGREEMENT (lease): See definition of article 1973 of the Civil Code.

 

PQR: requests, complaints and claims.

 

CONTENTS

 

These terms and conditions apply without restriction or reservation to all the functionalities and/or SERVICES provided through this PLATFORM.

 

LIZ at all times has the right to manage the PLATFORM for the development of new SERVICES or functionalities, even to eliminate them, without the USER being able to request any type of compensation. LIZ will in no case guarantee income through its PLATFORM, given which USERS know and accept that they cannot claim for alleged losses, projected income, lost profits or any other value.

 

In the use of the PLATFORM, USERS may disclose information from third parties, for which they accept that they have the authorization to disclose it.

 

The USER understands and accepts that the PLATFORM SERVICE may include advertising, therefore, the USER agrees to receive messages, advertisements and commercial information.

 

LIZ has the power to send SERVICE communications and administrative messages of any kind that are necessary for the proper development of the SERVICE of its PLATFORM. Any new functionality that modifies, augments or improves the current SERVICE, including the release of new properties, will be subject to these terms and conditions.

 

LIZ will in no case assume responsibility for delays, deletion, wrong delivery, bad advice or failure in the SERVICE, information and/or communication when such situation arises from the fault of the USER. The USER is fully responsible for the information established or used in the use of the PLATFORM.

 

Any information or document uploaded or shared on the PLATFORM by a USER may be used by LIZ in order to provide or improve the SERVICE offered.

 

SERVICES

 

Browsing the PLATFORM is free, without the need for a subscription or prior registration. Notwithstanding the foregoing, for the lease of the ASSETS offered by the LESSOR USER, the person must register and at that time will have the status of LESSEE USER.

 

Through the PLATFORM, the LESSEE USER may enter into a LEASE AGREEMENT with the LESSOR USER in order to lease the ASSETS offered by the latter.

 

It is recorded that the LIZ SERVICE consists of:

 

  1. To be a tool that facilitates the relationship between the LESSOR USER and the LESSEE USER, for the leasing of ASSETS.

 

In no case will LIZ act as a party to the LEASE AGREEMENT and therefore LIZ will not be liable for the obligations contained in said contract.

 

In no case is LIZ obliged to guarantee the functionality of the PLATFORM or the SERVICES. In any case, LIZ can modify, add or eliminate one or more SERVICES, functionalities, among others.

 

By using the SERVICE, the USER understands and accepts that:

 

  1. The LESSEE USER may only lease ASSETS in the same city where the LESSOR USER is located.

  2. The contractual rental relationship is between the LESSOR USER and the RENTAL USER.

  3. Not all products have an insurance policy.

  4. The form of delivery and return will be agreed between the LESSOR USER and the LESSEE USER.

  5. After booking, the LESSOR USER can cancel the lease, in which case LIZ will return 100% of the money to the LESSEE USER.

  6. There will be no refunds in the event that the LESSEE USER has not reported the status of the ITEM and is still dissatisfied with the ITEM and waits for the duration of the lease to claim the return.

  7. LIZ's responsibility is limited to the value paid by the USERS.

  8. The value of the GOODS includes VAT when applicable.

  9. The LESSOR USER may never charge different or additional values to those established in the PLATFORM.

  10. After 24 hours without the LESSOR USER accepting the lease made by the LESSEE USER during business days, it will be understood as a rejected transaction and the money will be returned to the LESSEE USER. If it is not a business day, it will wait until the next corresponding business day.

  11. The publication of GOODS is subject to the review and authorization of LIZ.

  12. Not all assets can be insured. The USER will have the right not to want the insurance, in which case he will directly assume the risk on the ITEM.

  13. LIZ at any time can delete the publications made by the LESSOR USER.

  14. The LESSEE USER has the obligation to report the state in which he received the ITEM when it does not meet the characteristics described or differs from the images given by the LESSOR USER. If the LESSEE USER does not make the report at the time of receiving the good, it will be understood that he accepted it in the state in which it was found, in which case there will be no refund.

 

LIZ at any time may have the quality of LESSOR USER or LESSEE USER.

 

RATES AND PAYMENT OF SERVICES

 

LIZ will charge LESSOR USERS a fee of 10% for the rental value including VAT. Likewise, LIZ will charge a fee of 10% including VAT to the LESSEE USER for each lease contracted.

 

Payment of the fees will be made at the time of the ITEM lease request. Notwithstanding the foregoing, if the service is canceled by the LESSOR USER, by the same PLATFORM or by the LESSEE USER, LIZ will refund 100% of the fee.

 

In any case, LIZ may modify the rates and/or prices on its page and the USER accepts that they must pay the value of the current rate at the time of leasing the ITEM.

 

The payment for the lease can be made through the payment methods enabled in the PLATFORM at the time of making the purchase and the applicable prices will be charged immediately by the LESSEE USER making the request.

 

SANCTIONS

 

In the event that the LESSEE USER does not deliver the ASSETS on the agreed date, a penalty or fine will be caused for the delay in the return of the ASSETS. The delay will be caused until the effective delivery of the ITEM or until the payment of the insured value, if applicable. The payment of the sanction or fine is the exclusive responsibility of the LESSEE USER and from now on he accepts that LIZ can charge it in the next lease or automatically deduct it from the means of payment stored in the LIZ PLATFORM.

 

 

REGISTRATION ON THE PLATFORM

 

In order to be a LESSOR USER or LESSEE USER, you must register on the PLATFORM, complying with all the requirements and providing all the information required on said PLATFORM.

 

The USER declares that he is of legal age and therefore has the legal capacity to register and sign the lease and that there is no impediment to share his own information or that of third parties, receive the GOODS he contracts and/or manage the functionalities of the PLATFORM.

 

In this sense, the USER undertakes to:

 

  1. Provide personal information, whether your own or that of third parties, that is true, correct, current, complete and authorized.

  2. Keep confidential and do not share with third parties the login username and password. The USER agrees to be the sole bearer of the access information, and as a consequence of the foregoing, the USER is solely responsible for all operations carried out on his account.

  3. Notify LIZ when you suspect unauthorized use of the account, inappropriate use or in case of a breach of the security of your account.

  4. Have authorization from the owners of the information (data, images, etc.) of third parties that you share.

 

LIZ will in no case assume any responsibility in the event of any breach of the obligations contained herein by the USER.

 

PROHIBITIONS

 

The USER, the LESSOR USER and the LESSEE USER accept that it is expressly prohibited: (i) to use the PLATFORM for illicit, illegal or bad faith ends or purposes. (ii) deliver false and/or inaccurate information when creating the USER account or at any time when using the PLATFORM. (iii) make use of any type of content, information or data without having the authorization and/or license to do so. (iv) upload information to the PLATFORM, without the authorization of its owner, or with content that affects the privacy of any person. (v) try, access, use and/or manipulate the data of the PLATFORM. (vi) reproduce, copy or distribute any element that is part of the PLATFORM, without having the corresponding authorization. (vii) perform or attempt to reverse engineer, decompile or reverse compile, disassemble, list, print or display the software, firmware, middleware or any other part of the source code, object or compiled code that makes up the PLATFORM and/or any of its programs or components, or by any other means obtain the source code or other information of the PLATFORM.

 

The LESSOR USER accepts that the publication of GOODS that are outside of commerce, of private, intimate, sexual content and of any other nature that may affect the privacy or intimacy of people is prohibited.

 

RESPONSIBILITY

 

The USER understands and expressly agrees that LIZ will not be responsible for any direct or indirect damage, interest or loss, foreseen or unforeseen, including (but not limited to) lost profits, or loss of prestige, or other tangible or intangible losses. , resulting from: (i) the use or inability to use the PLATFORM or the SERVICE; (ii) the cost of obtaining substitute goods or services resulting from the failure of the PLATFORM or the SERVICE; (iii) the statements or erroneous information given by any of the USERS; (iv) any type of technological failure.

 

In any case, LIZ's liability is limited to the value paid by the LESSOR USER and by the LESSEE USER at the time of leasing the ITEM.

 

In no case will LIZ be liable for crimes committed by its USERS, LESSOR USER, LESSEE USER or third parties through its PLATFORM, however, it is empowered to carry out the actions that may be necessary to improve the control and security of its PLATFORM.

 

The LESSEE USER will be liable for damages, loss, misplacement, theft or any other circumstance that damages the leased ITEM, without prejudice to[AS1]  of the insurance that came to have the ITEM. Given the above, in case of loss, theft, misplacement, damage, etc, etc, the LESSEE USER authorizes LIZ to charge the value of the ITEM or its repair in its next lease or automatically to the saved means of payment on the PLATFORM.

 

COOKIES

 

Cookies are small data files that are downloaded to your computer and other communication devices, which store information and are saved in the USER's browser. Cookies allow a page or Website to store and retrieve information about browsing habits, allowing different parameters and information about the USER to be remembered.

 

It is reported that the LIZ PLATFORM is susceptible to using cookies and labeling actions on your computer in order to measure the efficiency of the SERVICE offered. All information collected by these companies through cookies or tagging actions is completely anonymous. However, the USER has the option to reject cookies or labeling actions, however, the rejection could mean that the USER does not benefit from all the characteristics, functionalities of the SERVICES or the LIZ PLATFORM.

 

Notwithstanding the foregoing, the USER may at any time modify the preferences of the browser used in order to prevent the installation of said files when consulting the PLATFORM.

 

In accordance with Law 1581 of 2012, cookies could eventually form a database according to the legal definition of Law 1581 of 2012 by collecting personal data according to the following characteristics: (i) they refer to exclusive and specific aspects of a natural person, (ii) allow the person to be identified, to a greater or lesser extent, thanks to the overall vision that is achieved with it and with other data; (iii) its ownership resides exclusively with the owner of the same, a situation that is not altered by obtaining it by a third party in a legal or illegal manner, and (iv) its treatment is subject to special rules (principles) in relation to its collection, administration and dissemination; in which case, LIZ must abide by the regulations on data protection in force in Colombia, especially the application of the guiding principles for data administration such as legality, purpose, freedom, veracity or quality, transparency, access and circulation restricted, security and confidentiality enshrined in article 4 of Law 1581 of 2012. For more information on data processing, you can consult the Data Processing Policy available at LIZ.

 

ACCESSIBILITY

 

The PLATFORM is available 24 hours a day, and 7 days a week, so the USER may access the use of it at any time. Access to the PLATFORM is free unless the USER wants to rent an ITEM.

 

LIZ reserves the right to suspend the SERVICES or the PLATFORM at any time and without prior notice to carry out maintenance, tests, etc., and this will not entail the payment of any sanction, compensation or indemnity. LIZ reserves the right to refuse to provide, publish, hire, or deliver any SERVICE and/or GOOD, without prior notice to those USERS who may be breaching these terms and conditions.

 

In no case is LIZ obliged to guarantee, among others, the minimum operating time of the PLATFORM.

 

LEASING CONTRACT

 

When the LESSOR USER delivers the ITEM, the lease agreement between the LESSOR USER and the LESSEE USER is understood to have been entered into. The lease will be regulated by the regulatory provisions that regulate the subject.

 

CONFIDENTIAL INFORMATION

 

LIZ guarantees the confidentiality of all the information that the USER discloses within the PLATFORM.

 

THIRDPARTY SERVICES

 

LIZ may include in its PLATFORM means of links, such as links, banners, buttons or other similar ones, to third-party sites, with respect to which it does not guarantee the legality, reliability, utility, veracity and timeliness of the content, information and services provided by the same.

 

LIZ does not guarantee the absence of viruses and other elements in the contents and services provided by third parties through the portal that may introduce alterations in the computer system, electronic documents or files of the USERS.

 

At the moment in which the USER accesses the links of third parties and leaves the PLATFORM, these terms and conditions will cease to take effect, the third party's own conditions and policies being applicable. LIZ will in no case be liable for damages of any kind caused by third parties.

 

LIZ will allow you to obtain insurance policies on any of the ASSETS that are published on the PLATFORM. For the above, the USER who contracts the insurance policy must accept the terms and conditions of the insurance company and pay the rate charged for the insurance. In no case will LIZ be responsible for the insurance or the rate. Any circumstance derived from the contracting of said insurance will be between the USER and the insurance company.

 

Likewise, LIZ will allow contracting logistics companies for the delivery and collection of the GOODS, in this circumstance the USER who wants to make use of such services, must accept the terms and conditions of the transport company and pay the rate that it charges. In no case will LIZ be responsible for the transport of the good in case of damage, loss, etc., etc. Any circumstance arising from the transport relationship will be between the USER and the transport company.

 

The rates as well as the terms and conditions for insurance or transport will be made known to the USER prior to contracting.

 

BLOCKS

 

LIZ at any time and without having to give prior notice may block any USER of its PLATFORM. The blocking will prohibit the use of the entire PLATFORM and any of its functionalities and/or SERVICE.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

LIZ, is the owner of all the intellectual and industrial property rights derived from the PLATFORM, as well as all the design, structure and distribution, texts and contents, logos, buttons, images, clauses, documents, drawings, brands, trade names, source code, creatives and information that are part of the PLATFORM.

 

LIZ will in no case assume any responsibility regarding the intellectual or industrial property rights that are infringed by a USER.

 

LIZ in any case may remove the images or information that is published on the PLATFORM without requiring prior notice or explanation.

 

The reproduction, exploitation, alteration, distribution or communication of the information found on the PLATFORM for uses other than its own use is prohibited.

 

NOTIFICATIONS

 

The USER accepts that LIZ will notify any change made to its data processing policies and these terms and conditions by email, text message, push notifications or through the PLATFORM itself.

 

The USER can contact LIZ through the email samuel@liz.com.co

 

JURISDICTION AND COMPETENCE

 

In the event of a dispute related to the interpretation, execution and/or implementation of any clause of these terms and conditions, they will be resolved before the ordinary courts and in accordance with the laws of the Republic of Colombia.

 

PREVENTION OF THE RISK OF MONEY LAUNDERING AND TERRORISM FINANCING

 

LIZ implements and strengthens preventive measures and controls that guarantee transparency in carrying out its own operations and those related to the PLATFORM; in order to generate trust in society and avoid situations where illegal activities can be generated.

 

The purpose of this point is to define the guidelines and controls that LIZ must adopt for the prevention of ML/FT; minimize the possibility that through its activities resources coming from money laundering or terrorism are financed; monitor the relationships that LIZ maintains in the development of its corporate purpose and prevent the possible economic, legal and reputational effects that could be generated from the materialization of the ML/TF risk.

 

DURATION AND TERMINATION

 

These terms and conditions have an indefinite duration. However, LIZ is authorized to unilaterally suspend or terminate these terms and conditions at any time without prior notice. In any case, LIZ may modify the terms and conditions without requiring authorization from the USER.

 

PQR

 

Users may submit their PQR to the email samuel@liz.com.co. In the event that the USER wishes to submit a PQR derived from data processing, we invite you to consult the LIZ Data Processing Policy.

 

VALIDITY

 

These terms and conditions were updated and published on January 18, 2022.

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