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Terms & Conditions

ACCEPTANCE OF TERMS AND CONDITIONS

The following terms and conditions and their amendments ("Terms and Conditions") regulate access, navigation, and use of the Website https://www.elevateexperience.co (the "Website").

 

By accessing, browsing, and using the Website to rent vehicles, driver services, and book tourist experiences (the "Products") available therein, you declare that you are of legal age to contract and bind yourself, and further agree to have carefully read, understood, and agreed to the Terms and Conditions, which constitute a legally binding contract between you and the company Elevate Experiences S.A.S., a commercial entity identified with Tax ID 901.768.761-1 (the "Company"), owner of the Website.

 

Accessing and using the Website implies your acceptance of these Terms and Conditions and therefore your commitment to their due compliance. If you do not accept the Terms and Conditions, you may not access the Website or learn about the Products offered through it.

 

The Company may terminate these Terms and Conditions at any time, cease offering the Products, or prevent access to the Website, and consequently the acquisition of the Products, by notifying you through the Website with a 30-calendar-day notice. Likewise, the Company may immediately suspend or terminate your access to the Website upon detecting non-compliance with these Terms and Conditions.

DECLARATIONS

At the time of making a purchase on the Website, you declare that:

 

  • You have the legal capacity to enter into this contract as set out in these Terms and Conditions, acting on your own behalf or represented by a capable person.

  • This contract is binding between you and the Company and therefore its compliance can be demanded.

  • You have read, understood, and accept the Company's personal data protection policy ("Data Protection Policy").

MODIFICATION OF TERMS AND CONDITIONS

These Terms and Conditions supersede any other previous agreement or commitment made with you regarding the Website. The Company will announce any change, modification, addition, or total or partial removal of the Terms and Conditions through the Website or by email, calls, or text messages, which will become effective within 15 calendar days following their first publication on the Website. To continue using the Website, you must accept the new version of the Terms and Conditions. However, if you disagree with the modifications made to these, you may terminate this contract by ceasing to use the Website and informing the Company of your withdrawal and request for deletion of personal data at the email address experienceselevate@gmail.com.  

 

You agree to regularly visit the Website to check for changes to the Terms and Conditions. If you do not agree to comply with these or future Terms and Conditions, you must refrain from using or accessing the Website.

DEFINITIONS

For the purposes of these Terms and Conditions, when terms appear capitalized they shall have the meanings indicated below. Each defined term shall include both the singular and plural and both genders:

 

Website: means the web platform developed by the Company, accessible through https://www.elevateexperience.co. 

 

User: means individuals who access the Website to acquire the Products offered there, or who simply access the Website.

 

Personal Data: any information linked or that may be associated with one or more specific natural persons (name, surname, type and number of identification, mobile number, address of residence, profession, among others).

 

Habeas Data: means the right that all individuals have to i) know what information about them is collected in databases; ii) update the personal information collected by others, and supplement it; iii) rectify the information others have to make it consistent with reality; and iv) request the exclusion of their personal information from databases.

 

Products: means the vehicles available for rent that are available through the Website.

 

Services: means driving services, and tourist guide services through the city of Medellín that are available through the Website.

 

Company: means Elevate Experiences S.A.S., a commercial entity incorporated under Colombian law, domiciled in the city of Medellín and identified with Tax ID 901.768.761-1, owner of the Website.

WHAT DOES ELEVATE OFFER?

ELEVATE is a free-to-use Website through which the Company offers the Products and Services to national and international Users.

HOW THE WEBSITE WORKS

To rent the Products or hire the Services, you may register as a User, or make a quick purchase by filling in the contact and billing details, as indicated in the following steps:

 

  1. You may create a user on the Website, for which you must provide the Personal Data requested there. A single User may not have more than one account on the Website.

  2. To confirm the creation of the user account, you must accept these Terms and Conditions and authorize the Company to process the Personal Data requested in the registration process on the Website. The collection and use of Personal Data will be carried out in accordance with the information provided in the respective authorization, as well as the Company's Data Protection Policy.

  3. All personal information provided may be modified and/or updated at any time through the Website.

  4. Once the user account creation process or the entry of Personal Data for quick purchase is completed, the User may acquire the Products.

 

To rent the Products and purchase the Services on the Website, the User must:

 

  1. Select the Product or Service of interest. The Website will display availability, price, and description for each Product or Service.

  2. Go to the shopping cart to review the summary of their purchase and confirm it. The User must provide additional information, such as city and address, and billing details. If the information provided by the User contains errors or inaccuracies, the User will assume any additional costs that may arise. The purchase summary will detail the type and quantity of Products or Services to be acquired, unit price, and total price. Taxes, other expenses, as well as applicable promotional coupons, will be separately informed.

  3. Make payment for the Products or Services. To do this, the Website will redirect the User to the paypal, payu, or mercado pago payment platform.

  4. All payments for Products or Services purchased on the Website will be made electronically through paypal, payu, or mercado pago, either by bank debit or credit card from the American Express, Visa, HyperCard, mastercard, and diners franchises. The User must provide the information requested by the payment platform to proceed with the transaction.

  5. After making payment for the Products or Services, the User will receive a payment confirmation with the purchase summary at their registered email address. The same confirmation will establish the order number and the date of delivery of the Products or provision of the Service.

  6. The Company will send the electronic invoice to the email address registered on the Website.

PRICES AND PROMOTIONAL COUPONS

The price of Products and Services will be informed on the Website.

 

The Company may create discount offers and issue promotional coupons to Users, provided they meet all the requirements specified in such offers. The terms and conditions of each offer or promotion will be specified in each case and communicated to the User in advance of the implementation date of the offer or promotion. These additional conditions are complementary and part of these Terms and Conditions, which shall prevail, as applicable, over the additional conditions.

USER COMMITMENTS TO THE WEBSITE

As a User of the Website, you agree to comply with the following rules (as applicable) that will ensure the proper functioning of the Website, as well as improve the user experience thereof. For access and use of the Website, the User agrees to:

 

  1. Follow carefully the registration instructions on the Website, including reading, understanding, and accepting these Terms and Conditions, as well as the declarations contained herein.

  2. Provide complete, true, and current information when requested on the Website.

  3. Not assign or transfer your user account to another person or entity, and refrain from falsifying your identity by pretending to be someone else.

  4. Maintain confidential and secure any information related to access credentials to the Website (username and password), refraining from disclosing such data to third parties or allowing third parties to use such information. You agree to be responsible for any use given to your access credentials to the Website, as well as for any action taken using such data, and to immediately inform the Company of any security breach or unauthorized use of your account that you detect.

  5. In case you forget your username or password, you may inform the Company through the "forgot my password" option or by sending communication to the email address experencieselevate@gmail.com. 

  6. Not use the Website or the content displayed therein for illegal activities or activities contrary to public order, including but not limited to, sending offensive, defamatory, or threatening communications; illicit access to third-party computer systems; spreading computer viruses or software intended to cause damage or obtain data from computer systems.

  7. The Website is created for the personal use of the User. Therefore, it is not allowed to resell, use, copy, monitor, download, or reproduce the content of the Website.

  8. Refrain from removing, modifying, or altering any content on the Website protected by intellectual property rights.

  9. Adequately inform yourself of the characteristics of the Products you are going to acquire through the Website and which are described therein, verify that the Products contained in your shopping cart correspond to the selected Products, and adequately inform yourself of the consumption and conservation instructions of the Products.

  10. Know the policies of the other platforms you use to access the Website.

 

Failure to comply with any of the commitments described above or in any other section of these Terms and Conditions shall make the User liable for the risks and implications arising from such breaches, without the need for any judicial requirement or constitution in default.

 

The User may at any time close their user account on the Website, which implies the termination of these Terms and Conditions. To use the Website again, it will be necessary to start the registration process again, as well as to accept these Terms and Conditions or their future modifications.

 

The Company may at any time suspend or permanently block the User's user account when it finds that the Website user has breached any commitment in these Terms and Conditions, or is using the Website in a manner contrary to these Terms and Conditions or in a manner that is illegal or harms or affects the interests of the Company or other Users.

COMPANY´S COMMITMENTS

  1. Provide the User with complete, clear, sufficient, and up-to-date information regarding the Products and Services offered on the Website, including their availability, characteristics, quantity, price, and conservation instructions.

  2. Send the User the summary of the purchase made, transaction receipt, and electronic invoice.

  3. Use the User's Personal Data solely for the purposes established in the privacy notice contained in these Terms and Conditions and in the Data Protection Policy.

  4. Carry out the delivery of the Products and provision of the Services purchased on the Website, complying with the delivery times informed in these Terms and Conditions or in the purchase summary.

COMPANY'S RESPONSIBILITY

The Website is available 24 hours a day, 7 days a week for access and transaction processing. The Company will strive to ensure uninterrupted access to the Website with the least possible errors. Likewise, it will endeavor to provide the User with minimum levels of reliability, quality, security, and suitability, ensuring the proper handling of Products, strict compliance with health measures, and compliance with the delivery date of Products and provision of Services.

RESPONSIBILITY REGARDING THE WEBSITE

The Website is available solely for personal and non-commercial use. Therefore, it is not permitted to resell, create deep links, use, copy, monitor, display, download, or reproduce the content, information, software, reservations, tickets, or information available on the Website for any commercial or competitive activity without express authorization from the Company.

 

The Company will strive for the proper functioning of the Website to fulfill its purpose. However, due to the nature of the Website, its operation involves internet usage, and continuous and uninterrupted availability or accessibility may be affected due to errors (manifest and typographical), server interruptions due to temporary and/or partial outages, or due to repairs, updates, and maintenance of the Website or other reasons. Additionally, access to the Website may be temporarily suspended or restricted when necessary due to server capacity limits, security concerns, or server integrity, to perform repair, maintenance, and update tasks necessary for the Website's operation, or for the implementation of new tools or services. The Company will attempt, as much as possible, to minimize the frequency and duration of each of these access suspensions and restrictions.

 

The Website may offer hyperlinks or access to other websites and third-party content to inform the User about other sources that may expand the content and information provided therein, or within the framework of transactions carried out on the Website. Third-party websites or resources may be subject to different terms and conditions and different privacy practices. The Company is only responsible for its Website and its own contents, but not for the information and contents included on third-party sites.

 

The User will decide to access information and third-party websites based on the review of the terms of use and privacy policies of such sites. The Company is not responsible for any harm suffered by the User resulting from access to third-party websites or resources.

RESPONSIBILITY REGARDING PRODUCTS AND SERVICES

The Website allows the User to review a series of offers for different Products and Services, providing images of the available Products on the Website, as well as their characteristics and Service descriptions.

 

The Company reserves the right to discontinue at any time the Products displayed on the Website.

 

If a specific Product or Service is not available, and a reservation has already been made by the User, the Company may cancel such reservation and refund the User the price paid for renting the Product.

 

The Company will update or modify the prices of the Products and Services displayed on the Website at any time if technological or mechanical errors result in incorrect prices being displayed. If the User has made a payment based on the incorrect price, they must contact the Company to initiate the purchase reversal process and refund. The User must then proceed with the payment process for the Products at the corrected price.

 

Tue Company is responsible to the User for the quality of the Products and Services offered through the Website. The Company offers its Users the possibility to be the main point of contact for all inquiries and claims arising from the quality of the Products or Services acquired. 

INTELLECTUAL PROPERTY

All content on the Website, including text, software, scripts, graphics, images, sounds, music, videos, interactive features, and similar items, as well as the trademarks and logos found therein, are the exclusive property of the Company. These have been registered and recorded with the competent authority or are protected in accordance with Colombian intellectual property laws, and other international regulations and/or conventions regulating the matter.

 

The Company allows the User to access and use the Website and view any content, information, and materials related to the Products and Services offered for personal use only. The use granted by the Company does not imply the granting of a license to the Website's technology to the User.

 

The contents of the Website, as well as trademarks, slogans, and logos, are published for the User's personal use, and in this sense, may not be used, modified, copied, reproduced, distributed, transmitted, displayed, sold, licensed, translated, adapted, or exploited for commercial purposes or for any purposes other than those indicated herein without prior authorization from the Company. Likewise, the User may not remove, alter, or conceal any copyright, trademark, or other rights protected content, logo, or reference on the Website.

 

Unauthorized use of the Website or its contents, or use in a manner other than specifically authorized in these Terms and Conditions, will make the User liable for infringements and/or crimes resulting from such conduct, as well as damages caused to the Company.

PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING

The User declares that both the resources used in the purchases made through the Website, as well as their income, come from lawful activities, that they are not listed in negative records on national or international lists for the prevention of money laundering or terrorist financing, and do not engage in money laundering or terrorist financing. Consequently, the User agrees to be liable to the Company for any damages that may be caused as a result of falsehoods in this assertion. The User also declares that their conduct complies with the law and ethics.

 

Likewise, it will be just cause for termination of these Terms and Conditions and cancellation of the user account on the Website if: i) there is suspicion of committing crimes such as drug trafficking, terrorism, kidnapping, money laundering, terrorist financing, and administration of resources related to such activities by the User; ii) the User's connection or conviction by competent authorities for crimes such as drug trafficking, terrorism, kidnapping, money laundering, terrorist financing, and administration of resources related to such activities; and/or iii) the inclusion of the User in lists for the control of money laundering and terrorist financing administered by any national or foreign authority, as a suspect of carrying out such activities.

 

For all purposes, "money laundering" and "terrorist financing" will have the scope provided by applicable law.

VALIDITY OF THE CONTRACT (TERMS AND CONDITIONS)

In accordance with Colombian Law 527 of 1999 on data messages, the Company informs the User that Colombian legislation recognizes the validity of data messages, and therefore their nature and evidential value. Therefore, the User acknowledges and accepts that the exchange of data messages may give rise to the creation, modification, and extinction of obligations, and is solely responsible for the content, consequences, liabilities, and effects of the information generated.

SEVERABILITY

If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable, in whole or in part, such provision or part thereof shall be deemed not to be part of these Terms and Conditions, and the legality, validity, and enforceability of the remaining provisions of these Terms and Conditions shall not be affected. The Company will replace the unlawful, void, or unenforceable provision, in whole or in part, with a legal, valid, and enforceable provision that has, to the extent possible, a similar effect to the previous provision, given the content and purpose of these Terms and Conditions.

GOVERNING LAW

By accessing or using the Website, the User agrees that Colombian laws will govern these Terms and Conditions, as well as any dispute that may arise.

CONTACT

The Company has the following communication channels available to the User, with a response time of 2 to 3 business days. 

 

Email: experencieselevate@gmail.com

WhatsApp: +1 470-854-3805

RETURN AND EXCHANGE POLICY

To request a Product exchange or Service cancellation, the User must do so at least twenty-four (24) hours before the scheduled date and time. If the User wishes to cancel with less notice, the amount refunded to the User will be 30% of what he paid.

WARRANTY, RIGHT OF WITHDRAWAL, AND PAYMENT REVERSAL

Legal Warranty: The Company is responsible for the quality, suitability, safety, and proper condition and functioning of the Products. It also assumes responsibility for quality conditions in the provision of the Service. 

 

Right of Withdrawal: The right of withdrawal applies only to the acquisition of Products and Services made through the Website. It applies within five (5) days following the reservation of the Product or Service, provided that the rented vehicle has not been delivered or the Service has not started being provided.

 

To request a refund, the User must meet the following requirements:

  • The Service or rental of the Product has not started at the time the right of withdrawal is exercised.

  • No more than five (5) days have passed since the Product or Service was reserved.

  • The User must make a formal written claim through one of our User service channels, at the email address experienceselevate@gmail.com. 

  • The costs incurred in logistics and other costs associated with the cancellation of the Product or Service will be borne by the User.

  • The Company will refund the sums paid by the User within a period not exceeding thirty (30) calendar days.

PAYMENT REVERSAL

The User may request a reversal of payments made through the Website under the following circumstances:

  1. The User has been the victim of fraud.

  2. When the transaction was not requested by the User.

  3. The delivered Product does not correspond to the one requested, or does not meet the characteristics attributed to it according to the information on the Website.

  4. The delivered Product is defective.

  5. The Product has not been received on the agreed date.

 

To request a payment reversal, the User must send a communication to the Company within five (5) days following their awareness of the aforementioned situations, indicating the reason for the reversal, the date and time and identification of the transaction, and the value thereof. The Company will manage the payment reversal with the payment gateways. 

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