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Terms and Conditions

Last updated: September 2, 2021

Welcome!

The KLIMB platform is owned by SIXMA GROUP S.A.S; a Colombian commercial company, legally incorporated, domiciled in the city of Medellín - Colombia, identified for tax purposes with NIT number 900.770.834-3, which provides services through its Platform.

This document contains legal information that we recommend you read in full. By approving these Terms and Conditions, it is understood that the User has read and accepted them in their entirety, and understands that they are legally binding and mandatory. Therefore, the User accepts the conditions for the use and exploitation of the Platform, Content, and Services. Otherwise, the User must refrain from accessing the Platform and using any information or service provided by it.

By accessing and using the Services, the User agrees to be legally bound by these Terms and Conditions, which establish a contractual relationship between the User who registers on the Platform and SIXMA GROUP S.A.S. If you do not accept these Terms and Conditions, you may not access or use the Platform. These Terms and Conditions expressly replace prior agreements or commitments with the User. SIXMA GROUP S.A.S. may immediately terminate these Terms and Conditions or any of the Services with respect to you or, in general, cease offering or deny access to the Services or any part thereof, at any time and for any reason. By accepting these Terms and Conditions, the User will have access to the Platform and may register as a "User" of the Platform.

SIXMA GROUP may modify the Terms and Conditions relating to the Services whenever it deems appropriate. The modifications will take effect after the publication by SIXMA GROUP S.A.S. of the updated Terms and Conditions at this location or the modified policies or supplementary conditions regarding the applicable service. Your continued access or use of the services after such publication constitutes your consent to be bound by the Terms and Conditions and their modifications.

  1. DEFINITIONS

Terms whose first letter is capitalized (except when it is solely because they begin a sentence or refer to a proper noun), have the meaning assigned to them below, or as expressly assigned in these Terms and Conditions or in the Privacy Policy:

  • Sixma Group: Refers to the commercial company SIXMA GROUP S.A.S. domiciled in the city of Medellín, Antioquia, Colombia identified with NIT 900.770.834-3

 

  • Application, App, or Platform: Refers to the software designed to function as a program available for technological devices, and aims to allow a User to perform one or various types of tasks, all within the purpose of the terms and conditions or related activities.

  • Account: Refers to the allocation provided to any natural person, or their representative in any form, to use the Platform or who is registered on the Platform.

 

  • Credentials: Username and password used to access the Platform.

 

  • Personal Data: All information that allows identifying or making identifiable a natural and/or legal person.

  • Demand: Needs of Users registered on the Platform.

 

  • The Parties: Refers to SIXMA GROUP S.A.S. and the User jointly.

 

  • Payment Gateway: Service that allows Clients to make payments directly to SIXMA GROUP S.A.S. through electronic means using technological platforms (software).

 

  • User Payment: The User may pay the service fee through the allied Payment Gateway of SIXMA GROUP, which may have several channels to collect each of the payments made by the User. The Payment Gateway used by SIXMA GROUP S.A.S. is not its exclusive property, so the funds collected through the Platform will be collected through a banking intermediary in accordance with the regulatory provisions of the Financial Superintendence. Likewise, the User may make payment on delivery, that is, once the products are delivered to their destination, the User may pay for the product.

 

  • Platform: Refers to the Website, mobile applications, and platforms operated by Sixma Group, through which Users may access the Services (www.klimbup.com).

 

  • Services: Means all services offered and explained in this document.

 

  • Terms and Conditions: Terms of Use or Agreement means these Terms and Conditions of SIXMA GROUP.

 

  • User: Refers to any natural or legal person who has the need or interest to grow professionally and find job opportunities that fit their professional and academic profile, or any other offered on the Platform by SIXMA GROUP S.A.S.

 

  • Registration: Process carried out by a User and/or Client through the Platform.

 

  • Direct Discrimination: Refers to a job offer that clearly specifies that only Candidates who meet certain criteria are sought, excluding others due to, for example, gender, race, age, or disability.

 

  • Indirect Discrimination: Refers to a job offer that implicitly excludes certain classes of Candidates by establishing requirements that are impossible for them to meet.

 

  1. ACCEPTANCE OF THE TERMS AND CONDITIONS

By accepting the Terms and Conditions established on this Platform, the User accepts the conditions contained herein of SIXMA GROUP S.A.S. Likewise, it is understood that they accept the other operating rules, policies, and procedures that may be published by SIXMA GROUP S.A.S. on the Platform, each of which is incorporated by reference. These Terms and Conditions describe the unique legal relationship that legally binds the User who accepts the Terms and Conditions with SIXMA GROUP S.A.S. to carry out the acquisition of the products offered on the Platform.

SIXMA GROUP S.A.S. may verify personal, private, semi-private, and sensitive information of Users, who expressly and previously accept through this document the processing of their data for the purposes of carrying out each of the objectives of providing the services requested through the Platform.

  1. CAPACITY

In accordance with Colombian Law, the User who accepts these Terms and Conditions must be legally competent and have the necessary authorizations to bind the person they represent or have the legal capacity to enter into acts and be obligated under this agreement. Those persons whose capacity is subject to the acceptance of their guardian or representative may not accept these Terms and Conditions. In such terms, the user who registers on the Platform will be bound under this agreement.

In the case of legal entities, those who decide to register as Users must certify that they are the legal representatives or administrators of the business establishment or the companies they represent. In such terms, the person who accepts the Terms and Conditions declares under oath that they have sufficient legal capacity to bind themselves, and if the person who accepts the Terms and Conditions does not have such legal capacity, they will be solely and unlimitedly responsible for any damages that may be caused by the falsity of their identity or by their lack of representation or legal capacity to bind themselves under this agreement.

The breach of this provision will entitle SIXMA GROUP S.A.S. to claim damages that may be caused. In accordance with the above, the User guarantees and SIXMA GROUP S.A.S. understands that by accepting these Terms and Conditions they are aware of whether or not they have the capacity to enter into contracts on behalf of the person designated as User.

  1. SCOPE OF SERVICE

KLIMB is an online Platform that acts as an intermediary to facilitate stable employment relationships for Users, to acquire a job according to their professional and academic interests, and also encourages Users to grow professionally. KLIMB has the main objective of providing solutions to manage talent and recruitment of Users, through the website www.klimbup.com

 

The Services provided by SIXMA GROUP S.A.S. under this agreement, namely the provision of services through the use of technology, shall be governed by these terms and conditions, a document that shall be understood as an adhesion contract establishing the minimum conditions for the use of the Platform. If the User does not agree with any of the contractual provisions established under this agreement, they must refrain from using the Platform.

  1. REGISTRATION AND SIGN-UP

The User who uses the Platform in any way must complete the registration form in its entirety, providing valid and truthful data that guarantees their identity. In the event that the User has been temporarily or permanently suspended, Sixma Group reserves the right to disable their account without generating any right to compensation or claim on the part of the User.

For the purposes of registering or signing up on the Platform, once the Personal Data has been provided, Sixma Group will automatically provide an Account whose use is exclusive and personal to the owner of the Personal Data. The Account provided by Sixma Group cannot be transferred under any contractual modality given its highly personal nature. Likewise, Sixma Group reserves the right to delete, suspend, or block Accounts related to Users who are already registered on the Platform. Every Account provided by Sixma Group will have a "Username" and "Password" for personal use; the User will be responsible for the proper use of their Account in such a way that, in the event of unauthorized third-party access, they commit to informing Sixma Group within a reasonable period so that Sixma Group may verify the information and take the necessary measures to guarantee the security of the Account.

Sixma Group reserves the right to reject any registration or cancellation request, without being obligated to communicate or explain the reasons for its decision and without this generating any right to compensation or indemnity. Sixma Group reserves the right to carry out inspection, monitoring, and control of User Accounts while respecting the rights of their holders. Every User of the Platform consents that they cannot make claims for rejection carried out under the respective Terms and Conditions.

 

  1. USER CONTENT

Some parts of the Platform, such as message boards, forums, or job posting pages, may allow Users to post things like Job Offers, CVs, information, texts, images, audios, videos, messages, among others (the documents that a User submits, posts, displays, or otherwise makes available on the Platform, or any material that a user sends to Sixma Group, including content indicating that such materials may be posted on the Platform or on an external website, such as mobile apps, are referred to as "User Content" in these Terms and Conditions).

This function is designed to help users obtain information about job opportunities and companies, inform users about jobs, provide information about potential job candidates, and facilitate other communications. User Content is provided by certain external contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, confusing, or misleading. For example, the Site hosts Company Pages that allow people not associated with the Companies that own such pages to post User Content, including answers to questions on Company Pages. Sixma Group does not endorse User Content, the information, or the statements it may contain, nor is it responsible for any of it. Some elements of the Platform displaying KLIMB job search result pages may appear to be content created by Sixma Group, but in fact, they are reproductions of user-generated search queries. You acknowledge that, by accessing the Platform, you may encounter content (including User Content) that you consider harmful, offensive, threatening, indecent, or objectionable, including explicit language and other potentially offensive material, and you acknowledge that Sixma Group will have no liability with respect to such content.

When using the Platform, the User must not post any User Content that is illegal, fraudulent, discriminatory, threatening, abusive, insulting, defamatory, obscene, or otherwise objectionable, or that contains sexually, ethnically, racially, or otherwise discriminatory insults, or that does not contain relevant or constructive content. They must also not post any User Content containing information subject to intellectual property rights, trade secrets, confidential information, advertisements (other than Job Ads permitted under this Agreement), pyramid schemes, investment opportunities, or other unsolicited commercial communications (except as expressly permitted by us in writing), or that encourages or causes mass mailing or spam.

The User is prohibited from posting User Content that includes official identification information (their own or that of another person), such as Social Security number, passport number, civil identification number, or any other number, code, or similar identifier. Posting such identification information may lead to identity theft and other negative consequences. Sixma Group may remove such identification information, although it has no obligation to do so, assumes no liability, and disclaims all responsibility for any posting of such identification information. Sixma Group reserves the right to modify the display of CVs on the Site, including, among other things, hiding fields, reorganizing their format, and changing visual elements.

Sixma Group may monitor User Content and reserves the right to remove any User Content or part thereof that, in Sixma Group’s sole discretion, violates the above rules, including any User Content that is not related to the specific part of the Platform in which it was posted, that is an ad, recruiting message, or other commercial message (other than Job Ads permitted under this Agreement), or that Sixma Group, in its sole discretion, deems inappropriate. Sixma Group may restrict your misuse of the Platform, including, but not limited to, your ability to contact other Companies or Candidates.

If you believe that a User’s Content violates this Agreement or our policies, please contact Sixma Group immediately so we may evaluate its removal. You acknowledge and agree that the KLIMB Platform has no obligation to host or remove any User Content, and that the interpretation of i) whether User Content violates Sixma Group’s Terms and Conditions, ii) whether User Content should be published or removed, and iii) whether any material that a party wishes to publish on the Platform should be excluded, will remain under Sixma Group’s discretion at all times. You agree that Sixma Group has no liability to you or any third party arising from its editorial decisions. You acknowledge and agree that KLIMB is an interactive platform, which has no obligation to filter or include any User Content (e.g., Job Ads) in its search results or other offerings, and may exclude or remove any User Content from its Site with or without cause.

Sixma Group reserves the right to disclose information contained in User Content and other relevant information, as well as the circumstances surrounding its transmission, to third parties in connection with the operation of the Platform, to protect itself and its affiliates, partners, and visitors, and to comply with legal provisions regarding personal data protection. Sixma Group will only disclose the information when required by a Judicial authority or administrative authority with jurisdictional functions.

The Platform reserves the right to remove (but is not obligated to do so) any Job Offer that directly or indirectly discriminates against Candidates.

The User understands and agrees that they are responsible for refraining from posting any Job Offer that directly or indirectly discriminates against Candidates or otherwise violates the Laws of the Republic of Colombia.

  1. INTELLECTUAL PROPERTY PROTECTION

Sixma Group has a Platform built through source code and object code owned by third parties and has a license to use it in the normal course of e-commerce. Notwithstanding the foregoing, Sixma Group reserves the right to adopt all necessary measures to limit the User’s access in case of suspicion of intellectual property or copyright violations detrimental to the interests of Sixma Group or third parties.

  1. SYSTEM OR DATABASE VIOLATION

By using the KLIMB Platform, Users agree that it is prohibited and not permitted to take any action or use any device, software, or other means intended to interfere with Sixma Group’s activities and operations, as well as Sixma Group’s offers, descriptions, accounts, or databases. Any intrusion, attempt, or activity in violation of or contrary to intellectual property laws and/or the prohibitions stipulated in the contract, or the provisions of clause six, will subject the responsible party to appropriate legal actions and sanctions provided for in this agreement, as well as responsibility for compensating damages caused.

  1. SANCTIONS FOR BREACH OF TERMS AND CONDITIONS

 

Sixma Group may impose sanctions on the User of the Platform for failure to comply with the obligations set forth in the Terms and Conditions or for failure to comply with legal obligations at any time during the development of the contractual relationship between the Parties. The sanctions that may be imposed by Sixma Group are: (i) temporary suspension of the Account; (ii) permanent suspension of the Account; (iii) temporary or permanent blocking of the User and the Account. Sixma Group reserves the right to establish the appropriate sanction for non-compliance with the terms and conditions obligations. To establish the respective sanction, Sixma Group will classify the act as minor, serious, or very serious depending on the effects caused by the User’s action or conduct. The Sanctions imposed by Sixma Group will be carried out following the following parameters:

 

  1. Acts that violate the legal provisions of Colombian law, or any of the stipulations set forth in the Terms and Conditions.

 

  1. Acts contrary to commercial good faith and fair business practices.

 

  1. If, after registering or signing up on the Platform, Sixma Group cannot verify the User’s identity or any information provided by them is incorrect or false.

 

  1. Any other act that harms the rights or interests of Users or third parties.

 

  1. SYSTEM FAILURES

 

Sixma Group shall not be held responsible for any virus that may infect the User’s equipment as a result of access, use, or examination or due to any transfer of data, files, images, texts, or audio contained on the Platform. Therefore, the User may not hold Sixma Group liable or request compensation for damages resulting from technical difficulties or failures in the systems or on the internet.

 

  1. DISCLAIMER OF LIABILITY FOR CYBER ATTACKS

 

Sixma Group will not be held responsible for exogenous cyberattacks despite exercising due diligence in the development of its duties to protect against cyberattacks.

  1. CONTINUOUS IMPROVEMENT OR PLATFORM MAINTENANCE

 

Sixma Group states that during the development of its improvement or maintenance activities of the Platform, it may interrupt User access. In such cases, the Platform may be unavailable, and efforts will be made to restore it as quickly as possible without incurring any liability.

 

  1. COMPLAINTS OR CLAIMS

Sixma Group has various mechanisms for Users of the Platform to submit requests, complaints, claims, inquiries, or suggestions. The mechanisms for filing will be the support section within the platform, the physical address at Carrera 50c No. 10 sur- 140 in Medellín, Antioquia, and the email address hola@klimbup.com

Sixma Group commits to responding within fifteen (15) business days following the effective receipt of the request, complaint, claim, inquiry, or suggestion. If the request or inquiry requires the provision of detailed information or documents, Sixma Group will respond within thirty (30) business days, in accordance with the terms outlined in the Administrative and Contentious Administrative Procedure Code. Users may not request information, data, or documents protected as Personal Data, whether belonging to Sixma Group or Users registered on the Platform.

  1. OBLIGATIONS OF SIXMA GROUP

Sixma Group will provide the contracted services with full professional autonomy and independence, committing to fulfill the following obligations, without prejudice to the special obligations stipulated in these Terms and Conditions:

  1. Provide the services set forth in the Terms and Conditions under the best quality conditions, except in the case of computer defects, cyberattacks, maintenance for service improvement, force majeure, or unforeseen events.

  1. Provide sufficient information so that Users can exercise their rights established in the Terms and Conditions in a timely manner.

  1. Provide Users with the best security conditions for the use of services provided through the Platform.

  1. Maintain the Platform so that the services provided are delivered under the best conditions.

  1. Act in good faith in fulfilling the obligations established in this section or throughout the Terms and Conditions.

  1. Notify Users of any modifications made to the Terms and Conditions

 

  1. Carry out its activities without abusing the rights it holds.

 

  1. Any other obligations expressly set forth in the Terms and Conditions and in legal and constitutional provisions.

 

 

  1. OBLIGATIONS OF THE USER

 

The User will contract the services with full autonomy and independence, committing to fulfill the following obligations, without prejudice to the special obligations stipulated in these Terms and Conditions:

  1. Ensure they have the legal capacity to contract and bind themselves with respect to Sixma Group.

 

  1. Provide truthful, authentic, and suitable information for registration and sign-up on the Platform.

 

  1. Do not impersonate identities.

 

  1. Safeguard access credentials to maintain confidentiality, which will be the sole responsibility of the User.

 

  1. Do not use third-party credentials.

 

  1. Inform Sixma Group of any computer error, source code or object code issue, as well as any other element embedded in the Platform.

 

  1. Use the Platform under the assumptions established by Law and jurisprudence in relation to commercial good faith, in such a way that it is not used to commit fraud against the provisions set forth in the Terms and Conditions or in the Colombian legal system.

 

  1. Use the communication, complaint, request, and claim mechanisms of the Platform to express nonconformities.

 

  1. RIGHTS OF SIXMA GROUP

By virtue of providing the activities referenced herein, Sixma Group acquires, in particular, the following rights:

  1. Right not to guarantee continuous and uninterrupted access to and use of the Platform.

 

  1. Right to make modifications to the Terms and Conditions of the Platform.

 

  1. Right not to be held liable for damages, losses, or harm to the User caused by failures in the Platform, servers, or the Internet, or due to any unrelated computer issue.

 

  1. Right to store the information of Users who are enrolled or registered on the Platform.

 

  1. Right to analyze the information provided by Users during registration and enrollment on the Platform.

 

  1. Right to withhold providing a "Username" and "Password" based on the considerations set forth in the Terms and Conditions.

 

  1. Right to cancel, temporarily or permanently suspend any account for the reasons set forth in the Terms and Conditions.

 

  1. Right to exercise any rights contained in the Terms and Conditions or those that are related or complementary, as well as any rights provided by Law, the Constitution, and case law.

 

 

  1. RIGHTS OF THE USER

  1. Right to file complaints, claims, suggestions, or requests through the mechanisms established in the Terms and Conditions.

 

  1. Right to request compliance with the obligations set forth in this document by Sixma Group.

 

  1. Right to exercise any rights contained in the Terms and Conditions or those that are related or complementary, as well as any rights provided by Law, the Constitution, and case law.

 

 

  1. TERMINATION

The relationship between the Parties referred to in these Terms and Conditions may be terminated for the causes established by law and, in particular, for the following:

  1. By mutual agreement between the Parties;

 

  1. For the breach by either Party of the obligations arising under these Terms and Conditions, which shall entitle the other Party to terminate them, without prejudice to the relevant legal actions, and as established in the following sections;

 

  1. In the event that either Party is linked by the competent authorities to any type of investigation for crimes of drug trafficking, terrorism, kidnapping, money laundering, terrorist financing, and administration of resources related to such activities, without being limited to these;

 

  1. In the event that either Party is included in lists for the control of money laundering and terrorist financing administered by any national or foreign authority, such as the list of the Office of Foreign Assets Control (OFAC) issued by the U.S. Department of the Treasury, the list of the United Nations Organization, and other public lists related to the subject of money laundering and terrorist financing;

 

  1. In the event that either Party provides or has provided false or incomplete information or refuses to update the information required for the contractual relationship when required by law.

 

  1. AUTONOMY AND INDEPENDENCE

Sixma Group, its employees, and collaborators shall act on their own behalf, with absolute autonomy and shall not be subject to subordination by the Users. Their rights shall be limited, according to the nature of the relationship between the Parties, to demand the fulfillment of the obligations of the Users or any other benefit stipulated by means of the Terms and Conditions or for the purposes of the legal relationships set forth herein. Persons involved in the execution and intermediation of the relationship between the Parties are employees and/or contractors exclusively of Sixma Group and shall have no employment relationship with the Users.

  1. RELATIONSHIP BETWEEN THE PARTIES

These Terms are not intended, and nothing herein shall be construed, to create an employment relationship, employer/substitute employer and employee, partner, or associate relationship between Sixma Group and the Users, since Sixma Group merely acts as an intermediary. Neither Party shall be authorized to represent or bind the other in any way, and each Party shall be solely responsible for its own acts.

  1. LIABILITY

Sixma Group shall be liable solely and exclusively to third parties and to Users in cases where gross negligence or willful misconduct on the part of Sixma Group is proven, in the cause that gave rise to the damage or event for which it must respond. Its liability is limited exclusively to the obligations enshrined in these Terms and Conditions or those inherent to the typical service contracts.

 

  1. ARBITRATION CLAUSE

Any dispute or difference related to the relationship arising between the Parties and the fulfillment of any of the obligations indicated shall be resolved by an Arbitration Tribunal free of charge for KLIMB, by submitting the respective request to the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce. The Arbitration Tribunal shall be governed by the following rules: (i) The Tribunal shall be composed of one (1) arbitrator jointly appointed by the Parties, from the list maintained by the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce. In the event of no agreement, the Parties expressly delegate to the Business Conciliation and Arbitration Center the appointment of the arbitrator in accordance with the internal regulations; (ii) The Tribunal shall operate in accordance with the Arbitration Rules of the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce; (iii) The Tribunal shall decide in law; (iv) The Secretary of the Arbitration Tribunal shall be chosen from the official list of secretaries maintained by the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce; (v) The Tribunal shall meet at the facilities of the Bogotá Chamber of Commerce.

  1. PENALTY CLAUSE

The Parties agree that, in the event of a serious breach of their obligations contained in these Terms and Conditions, this shall result in the termination of the relationship between the Parties, and the breaching Party shall be obliged to pay the affected Party a conventional penalty equivalent to fifty (50) current legal minimum monthly wages.

Likewise, the Parties expressly agree that no judicial or extrajudicial requirement shall be necessary to constitute default regarding the payment of the conventional penalty; therefore, the Party obligated to pay the conventional penalty shall pay a monthly default interest equivalent to the Maximum Interest Rate, calculated from the moment the obligation to pay the conventional penalty should have been settled and until the moment the amount owed is effectively paid.

Serious breach shall be understood as the failure to deliver or perform the main obligation for which the contract was entered into. Likewise, it shall be considered a serious breach when, in addition to performing the main obligation, the obligated Party fails to provide a guarantee or attempts to compensate for the damage caused after the breach.

  1. CONFIDENTIALITY

By accepting these Terms and Conditions, the Parties mutually agree to the fulfillment of certain Confidentiality obligations, which are established below:

Confidential Information shall be understood as all information to which the Parties have access, whether officially provided by the User to Sixma Group, or vice versa; or to which either Party has access as a consequence of the natural processes inherent in the relationship between the Parties, regardless of the form in which such information was provided, whether orally, in writing, graphically, electronically recognizable. Confidential Information shall also include any information determined as the property of the other party, whether or not classified or marked as Confidential at the time of disclosure, as well as any opinion or fact expressed by one of the Parties to the representatives, employees, agents, or advisors of the other.

Similarly, any information shared between the Parties shall be considered confidential if it meets the following characteristics: (a) Any physical or electronic document, verbal or written communication, or through any software or computer program, that enables voice, video, data, or text communication; (b) telephone communications or via mobile phones, text messages, data messages (the foregoing understood as any information sent, generated, received, stored, or communicated by electronic, optical, or similar means, among others existing or that may exist in the future); (c) Any film, photographic, or sound recording, plans, maps, cartography of any kind, designs of any type of schematic representation in two scales or in three dimensions, of any land, population, construction, building, orographic, oceanographic, or hydrographic features.

Notwithstanding the provisions of the preceding paragraph, neither Party shall incur any liability when the Confidential Information provided to them becomes known to any third party, due to any of the following causes:

  1. When the Confidential Information becomes public domain during the term of the Contractual Relationship, without any breach by either Party of its confidentiality obligations in accordance with these Terms;

 

  1. When the holder of the Confidential Information authorizes in writing, through its duly authorized representative(s) for that purpose, that the other Party disclose the Confidential Information without restriction to third parties, as established;

 

  1. In the event that either Party is required by administrative provision or judicial order to deliver, in whole or in part, the Confidential Information, it must notify the other Party in writing at the time it becomes aware of the corresponding requirement. If the requirement referred to in this paragraph is unclear or not defined regarding the information requested for disclosure, the Party subject to the requirement shall request the corresponding administrative or judicial authority to delimit the Confidential Information accordingly;

 

  1. When either Party obtains the Confidential Information from a third party without breaching these Terms and Conditions.

 

The ownership of the Confidential Information of the User or its clients or users, or third parties related to the development of the service subject to the relationship between the Parties, belongs to the User, and therefore, Sixma Group undertakes not to disclose its content, in whole or in part, during the term or after the termination of the relationship between the Parties.

The confidentiality obligations assumed by the Parties through the acceptance of these Terms and Conditions are agreed without prejudice to the processing that Sixma Group may carry out regarding the personal data provided by the User, in accordance with the provisions of the Data Protection Policy made available to the User.

  1. PERSONAL DATA PROTECTION

The Parties agree that, in the event that, as a result of the provision of the Services described herein, Sixma Group must collect Personal Data from individuals, the Parties agree that the Client shall be the "Controller" of the Personal Data collected from such individuals and of its Processing, and Sixma Group shall act as the "Processor" of such Personal Data in order to process them. For the purposes of this clause, the terms "Personal Data," "Controller," "Processor," and "Processing" shall have the definitions established in the Statutory Law on Personal Data Protection (Law 1581 of 2012) (hereinafter "Personal Data Law"), and the Parties shall assume the obligations imposed by the Personal Data Law as "Controller" and "Processor," as applicable.

Furthermore, any Personal Data collected from the Client or User, their partners, shareholders, personnel, or workers by Sixma Group shall be processed in accordance with Sixma Group’s Privacy Notice, which can be consulted at Privacy Policy

  1. INTERPRETATION

These Terms and Conditions shall be interpreted in accordance with the principle of good faith and considering the purpose of the contract, thereby incorporating the criteria established in commercial agency and service provision, as well as the legal provisions and jurisprudence related to atypical contracts, especially service provision contracts. However, intention shall prevail over the literal wording of the agreed clauses.

These Terms and Conditions shall be governed and interpreted by the laws applicable in the Republic of Colombia, particularly by the provisions of the Colombian Commercial Code and the jurisprudence developed by the Constitutional Court, the Supreme Court of Justice, the Council of State, and the Superintendency of Industry and Commerce in the exercise of their jurisdictional functions.

 

  1. ASSIGNMENT

Neither Party may assign, in whole or in part, the execution of the Service, unless (i) it obtains prior written authorization from the other Party; or (ii) it involves affiliate or subsidiary companies, provided prior written notification is given to the other Party.

  1. ENTIRE AGREEMENT

The Parties declare that these Terms and Conditions constitute a complete and entire agreement regarding its subject matter, replacing any prior verbal or written agreement entered into between the same Parties regarding the same subject, including any previous contracts that may have been assigned.

  1. SARLAFT

The Parties declare that their businesses and the resources used for the execution of the contracted Services do not originate from, nor will they be destined for, any illegal activity, money laundering, or terrorist financing. Likewise, they undertake to provide all the information requested in compliance with the provisions related to the prevention of money laundering and terrorist financing and declare that such information is truthful and verifiable. The Parties are obligated to carry out all activities aimed at ensuring that all their partners, employees, contractors, managers, clients, and their resources are not related to or derived from illegal activities. In any case, if during the term of these Terms and Conditions the Parties or any of their partners, managers, clients, suppliers, contractors, or employees are involved in an investigation of any kind—criminal, administrative, or otherwise—related to illegal activities, money laundering, or terrorist financing, or are included in control lists such as those of the UN, OFAC, etc., either Party shall have the right to unilaterally terminate the relationship between the Parties.

  1. ADVERTISING

By accepting these Terms and Conditions, the User authorizes Sixma Group to use their trade name, brand, and user-generated content for commercial, marketing, and advertising purposes. Sixma Group may use the Users’ logo on its Website for advertising purposes while this Agreement is in effect.

  1. DOMICILE AND NOTICES

For the purposes of being required to fulfill the obligations stipulated herein, or for any other matter related hereto, Sixma Group designates the following domicile, with the understanding that all notices and communications required hereunder shall be in writing and shall take effect upon receipt by the addressee, if delivered by hand; or on the date recorded on the corresponding receipt, if sent by certified mail with acknowledgment of receipt, postage prepaid. The notification data shall be as follows:

To Sixma Group at Carrera 50c No. 10 sur- 140 Medellín, Antioquia; Email: hola@klimbup.com; Phone: +57 318 372 3264.

To the User at the details provided on the Platform;

In the event of a change of domicile, the User shall be notified within fifteen (15) calendar days prior to the change date, with the understanding that until such notice is provided, any notification made to the previous address shall be valid.

The Parties are obligated to communicate any changes to the aforementioned addresses. If they fail to do so, notifications shall be made and considered fully valid when sent to the address indicated in this section.

  1. MODIFICATIONS

Sixma Group may, at its sole and absolute discretion, change these Terms and Conditions without prior notice. However, such changes shall only apply from the moment they are published on the Platform and shall be effective from that moment.

Unless otherwise specified in these Terms of Use, all notices or modifications shall be deemed duly delivered from the moment of their publication on the Platform, or from the moment the User is notified, as appropriate.

If the User has any questions regarding the Terms and Conditions, Privacy Policy, use of the Platform, or their Profile, they may contact Sixma Group via email. Messages will be addressed as quickly as possible. This channel will provide the fastest response, while other contact details are for administrative use only.

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