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Terms and Conditions for the use of Munily App

TERMS AND CONDITIONS FOR THE USE OF THE MUNILY APP

Regulations for the use of the mobile application.

This document establishes the conditions governing the use of the mobile application: Munily web, whose domain is http://www.munily.com, to all its related or linked sites/apps from http://www.munily.com (hereinafter the application), which is operated by MUNILY S.A.S., identified with Nit. 901.416.819-1., which is a legal person of private law, registered in the Chamber of Commerce of Bogota under the registration 03292040. The user agrees to read the terms and conditions set forth herein and by accepting them it is understood that he/she has full knowledge of this document and all of its stipulations. The user acknowledges that the entry of their personal information, and the data contained in the application available to them regarding their information and other personal data, is done voluntarily, those who choose to access this application in Colombia or from outside the national territory, do so on their own initiative and are responsible for compliance with local laws, to the extent that such laws are applicable in their country.

Authorized use of the application

The application is intended to serve as a platform for the management and administration of co-ownerships, interconnecting administrators, security guards, residents and guests to provide security and community communication solutions. Unless otherwise explicitly stated in these terms of use, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute in any way any portion or content of the site/app to any other computer, server, web page or other medium for publication or distribution without Munily’s prior written consent.

Scope and use

The user of the application understands and accepts that, notwithstanding, it is operated by MUNILY S.A.S., the information contained in the same will be the one referring to its contractual link with each co-ownership, therefore, the functionalities offered by the application will be delivered to each user according to its link with the condominium. The application will make information available to the user and/or will allow the execution of the transactions determined or enabled by the condominium according to the type of user. MUNILY S.A.S. may update, add, modify or eliminate the functionalities at any time, which the user accepts by installing the application. In any case, at the time of making such changes the user will be notified through the same mobile application once logged in and the user can decide whether to continue enjoying the services of Munily accepting the new terms and conditions applicable. The response times, procedures and other requests made by the user through the application will be processed in accordance with the specifications of each active service in each condominium. The user accepts and authorizes that the electronic records of the aforementioned activities carried out in the application constitute full proof of the same.

Requirements for use

The user must have an intelligent mobile device (Smartphone) or Tablet with Android or IOS operating system, any of these with internet access, both secure and reliable. MUNILY S.A.S., will not be responsible for the security of the Smartphone devices owned by the users used to access the channel, nor for the availability of the service in the devices in which the application is downloaded. To the extent permitted by law, the materials of the application are provided without warranty of any kind, express or implied, including without limitation warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement, therefore, MUNILY S.A.S. does not guarantee proper operation on the different operating systems or devices on which the application is used. To access the application, the user will use his/her email and password, which identifies him/her in his/her relationship with the condominium. In addition to the above, the double authentication factor implemented by MUNILY S.A.S. will be required.

Obligations of users

The User undertakes to use the application and the contents found therein in a diligent, correct and lawful manner and, in particular, undertakes NOT to engage in the conduct described below:
  • Use the contents in a manner, with purposes or effects contrary to law, morality and generally accepted good customs or public order;
  • Reproduce, copy, represent, use, distribute, transform or modify the contents of the application, by any process or on any support, in whole or in part, or allow public access through any form of public communication;
  • Use the contents in any way that entails a risk of damage or disablement of the application or the contents or third parties;
  • Suppress, elude or manipulate the copyright and other data identifying the copyright incorporated to the contents, as well as the technical protection devices, or any information mechanisms that the contents may have;
  • Use the contents and, in particular, the information obtained through the application to distribute, transmit, forward, modify, refuse or report advertising or the contents thereof for the purpose of direct sale or for any other commercial purpose, unsolicited messages addressed to a number of persons regardless of their purpose, as well as to market or disclose in any way such information;
  • Allow third parties to use the mobile application by sharing your username and password;
  • Use the application and the contents for lawful and/or unlawful purposes, contrary to the provisions of these Terms and Conditions, or the use of the application itself, that are harmful to the rights and interests of third parties, or that in any way may damage, disable, overburden or impair the application and the contents or prevent the normal use or enjoyment of this and the contents by the users.

Intellectual Property

All computer, graphic, advertising, photographic, multimedia, audiovisual and design material, as well as all contents, texts and databases made available in this application are protected by copyright and/or industrial property rights owned by MUNILY S.A.S. or by third parties who have authorized their use or exploitation by MUNILY S.A.S., or their use is expressly authorized by law. All the contents of the application are protected by copyright regulations and by all applicable national and international regulations. Except as expressly provided in these Terms and Conditions, any act of copying, reproduction, modification, creation of derivative works, sale or distribution, display of the contents of this application, in any manner or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of MUNILY S.A.S. or the owner of the respective rights, is prohibited. In no case do these Terms and Conditions confer any rights, licenses or authorizations to perform the acts previously prohibited. Any unauthorized use of the contents will constitute a violation of the present document and of the regulations in force on copyrights, the national and international regulations in force on Industrial Property, and any other that may be applicable.

License to copy for personal use

You may read, view, print and download your product material. No part of the application may be reproduced, transmitted or stored in any other website or other form of electronic retrieval system. Whether specifically acknowledged or not, the trademarks, service marks and logos displayed in this application belong to MUNILY S.A.S., or authorized third parties. MUNILY S.A.S. does not interfere, does not make decisions, nor does it guarantee the relationships that users may have or the links with third parties that advertise and/or promote its products and services. These third party trademarks are used solely to identify the products and services of their respective owners and sponsorship or endorsement by MUNILY S.A.S. should not be inferred from the use of these trademarks.

Site/app usage

The use of robots, spiders or other automatic devices, programs, algorithms, methodologies or similar manual processes to access, acquire, copy or track portions of the site/app or its content for the purpose of obtaining or attempting to obtain materials, documents or information not available through the site/app is prohibited. Munily reserves the right to prohibit any such activity. You may not scan, scan or assess the vulnerability of the Site/app or any network connected to the Site/app or any network connected to the Site/app, or breach the security or authentication measures of the Site/app or any network connected to the Site/app. You may not track or search the data of users, visitors to the site/app or other Munily customers. You also may not in any way exploit the site/app or any other service or information available or offered through the site/app for the purpose of revealing information, including without limitation, personally identifiable information or information other than your own provided by the site/app/app. You agree not to take any action that causes disproportionate or unnecessary load on the site/app/app infrastructure or Munily’s systems or networks. You agree not to employ any device, program or routine for the purpose of attempting to interfere with the proper working of the site/app/app or any transaction being conducted on the site/app or with any other person’s use of the site/app. You may not use the site/app/app or its content for any purpose that is unlawful or illegal under these terms of use. You may not engage in any activity that is unlawful or infringes the rights of Munily or any third party.

Integration with other applications

You agree to indemnify and hold harmless Munily, its officers, directors, shareholders, employees, agents, affiliates or associates, on behalf of yourself or any third party, from and against any loss, expense or liability (including attorneys’ fees) arising out of your use of the site/app.

Non-compliance with terms of use (seems to be a disclaimer)

The links to Facebook®, Instagram® and twitter® in this application may display content that is not under the control of MUNILY S.A.S. In this sense, MUNILY S.A.S. is limited to making available the link to the platforms, but the content, access and use are the responsibility of the user and each of the platforms. Although this MUNILY S.A.S. application attempts to provide links only to third party sites and applications that comply with applicable laws and regulations and MUNILY S.A.S. standards, the User must understand that MUNILY S.A.S. has no control over the nature and content of those sites and is not recommending these sites, the information they contain, or the products or services of third parties. MUNILY S.A.S. accepts no responsibility for the content of a third party site to which there is a hypertext link and makes no warranty (express or implied) as to the content of the information on those sites, as it does not endorse them. You should check the terms and conditions, legal and privacy policy sections of some other MUNILY S.A.S. or third party sites to which you link. MUNILY S.A.S. assumes no liability for any direct, indirect or consequential loss arising from the use of a third party site.

Terms and conditions for recording communications in Condominium Property

  1. Informed Consent. By accepting these Terms and Conditions, the resident and/or owner grants informed consent to the recording of telephone communications made by the security guard in the context of the management and security of the condominium.
  2. Purpose of Recording. The recording of communications shall be carried out exclusively for the purpose of ensuring security, access control and proper administration of the Condominium.
  3. Secure Storage. All recordings will be securely stored and will only be accessed by the manager, resident and/or owner in situations requiring verification of events or resolution of issues related to the security and management of the property.
  4. Restricted Access. Access to the recordings shall be restricted to personnel in charge of the management of the condominium. The information will not be shared with third parties outside the condo without the explicit consent of the owner/resident, unless required by law.
  5. Data Retention. Recordings will be retained for 8 months to fulfill the stated purposes and will be securely deleted when no longer required.
  6. Transparent Information. Transparent and accessible information about the practice of recording communications, including these terms and conditions, shall be provided to ensure complete understanding by the homeowner and resident.
  7. Changes to Terms. In the event of changes to these terms and conditions, the owner and resident will be notified in a timely manner, and their consent will be sought if necessary.

Additional terms and conditions for purchases

The currency in which all transactions within the site/app will be processed is the Colombian Peso. Additional Terms and Conditions shall apply to the purchase of goods, as well as to specific areas or features of the site/app, promotions or the like, which form part of these Terms of Use. You agree to abide by such additional Terms and Conditions, including, where applicable, the age of majority requirement to use or participate in such services or features. In the event of any conflict between these Terms of Use and the Terms and Conditions governing a particular part or service of the Site/App, the Terms and Conditions for that particular part or service shall prevail. Munily’s obligations, if any, with respect to its products and services are governed solely by the agreements pursuant to which they are sold or provided, and nothing may be inferred from the site/app to alter such agreements. Munily may make changes to the products and services offered on the Site/App, or to the prices applicable thereto, at any time without notice. The materials on the site/app with respect to products and services may be out of date, and Munily makes no commitment to update the materials on the site/app. Each of these policies may be updated from time to time, in which case it will be effective immediately upon posting of the changes on the site/app. Products, Prices and exclusive benefits of online shopping The products presented may vary in design, color due to the manufacturers. The products presented with their prices have a validity date or while stocks last, after this date, they will return to their regular price. Internet prices are exclusive of this channel, they are not a mirror of the physical stores.

Habeas Data

Taking into account the target audience of the application, that is, people with a current relationship with MUNILY S.A.S., including, but not limited to, administrators, security guards, residents and guests, etc., the user understands and accepts that this application will request and use his/her personal data, in accordance with the authorizations previously granted by the user, within the framework of Law 1581 of 2012, and other regulations that regulate the application, the user understands and accepts that the present application will request and use his personal data, according to the authorizations previously granted by the user, within the framework of Law 1581 of 2012, the other regulations that regulate, modify or repeal it and the Manual of Personal Data Policies of Munily S.A.S. which can be consulted in the Web Page: https://munily.com In case the user enters the data of a third party, not linked to Munily S.A.S. or to a co-ownership, the user will have the right to access, modify or delete the personal data of a third party, or to a co-ownership, he/she declares that he/she has the authorization of the same to generate this entry. Munily S.A.S. will only process this data for the purposes indicated at the beginning. The user also agrees that Munily S.A.S. may collect your IP address for system administration purposes, to audit trends in the use, performance and/or behavior of the application under the conditions set forth in the particular paragraph.

Responsibility of MUNILY S.A.S.

MUNILY S.A.S. will try to guarantee availability, continuity or good functioning of the application. MUNILY S.A.S. may block, interrupt or restrict access to the application when it deems it necessary for the improvement of the application or due to its termination. The User is recommended to take adequate measures and act diligently at the moment of accessing the application, such as, for example, to have protection programs, antivirus, to handle malware, spyware and/or similar tools in the devices from where they are connecting to the system. MUNILY S.A.S. will not be responsible for: a) Force majeure or fortuitous event; b) For the loss, misplacement or theft of your mobile device that implies the access of third parties to the mobile application; c) For errors in the typing or access by the client; d) For damages, loss of profits, consequential damages, moral damages, and in general sums payable by MUNILY S.A.S., for delays, non-processing of information or suspension of the mobile operator service or damage to the mobile devices.

Denial and withdrawal of access to the application

In the event that a User breaches these Terms and Conditions, or any other applicable provisions, MUNILY S.A.S. may suspend the User’s access to the application.

Terms and Conditions

The User expressly accepts the Terms and Conditions, being an essential condition for the use of the application. In the event that you disagree with these Terms and Conditions, we request that you leave the application immediately. MUNILY S.A.S. may modify these terms and conditions, notifying the users of the application through publication on the website: https://munily.com, by disseminating the changes through the application, by any electronic means, social networks, SMS and / or email, which shall be deemed accepted by the user if he continues with the use of the application.

Jurisdiction

These terms and conditions and everything related to this application are governed by the laws of Colombia.

Use of non-personal information

MUNILY S.A.S. also collects non-personal information in aggregate form for purposes of tracking and improving our services, such as the total number of downloads of the application. We use this information, which remains in aggregate form, to monitor the behavior and performance of the application. Use of IP Addresses An Internet Protocol (IP) address is a set of numbers that is automatically assigned to your mobile device when you access your Internet service provider, or through your organization’s local area network (LAN) or wide area network (WAN). Web servers automatically identify your mobile device by the IP address assigned to it during your online session. MUNILY S.A.S. may collect IP addresses for system administration purposes and to audit the use of our application, all in accordance with the data protection authorization you sign for that purpose. We do not normally link a user’s IP address to that user’s personal information, which means that each user session is logged, but the user remains anonymous to us. However, we may use IP addresses to identify users of our application when necessary to enforce compliance with the site’s terms of use, or to protect our service, site or other users.

Security and Confidentiality

MUNILY S.A.S. is committed to protecting the security of your information. MUNILY S.A.S. has security mechanisms in place to ensure the protection of personal information and access only to authorized personnel and systems, as well as against the loss, misuse and alteration of your user data under our control. Except as stated herein, only authorized personnel have access to the information you provide to us. In addition, we have imposed strict rules on MUNILY S.A.S. employees with access to databases that store user information or to servers that host our services.