Thank you for visiting Brigard & Castro website (hereinafter referred to as the “Website”) We are grateful for your interest in considering us as your potential legal consultants in Colombia.
Please take the time to read and understand these TERMS AND CONDITIONS of use (hereinafter referred to as the “TERMS AND CONDITIONS”) before using this Website. By entering and using this Website, you freely agree to and are bound by these TERMS AND CONDITIONS regarding how you may access and use this Website.
Please read these TERMS AND CONDITIONS carefully before using this Website.
Appointment of a lawyer should not be based solely on the information provided in this Website.
1. Brigard & Castro. This Website is operated by Brigard & Castro S.A.S. (“Brigard & Castro”), a company legally incorporated in Colombia and engaged in providing legal services. This Website contains general information regarding Brigard & Castro. Brigard & Castro does not provide any service whatsoever on this Website. Material, contents, information, and views included in this Website are for information purposes only. Brigard & Castro attorneys are not allowed to practice law in jurisdictions other than those where relevant agencies and bodies have allowed them to do so. This is the address where you may contact Brigard & Castro: servicioalcliente@bC.com.co. This Website is not intended for making any advertisement of Brigard & Castro legal services, nor to finding new clients. In any event, we make the following cautionary statement: OBTAINING RESULTS IN THE PAST DOES NOT GUARANTEE SIMILAR RESULTS.
2. Age requirements. You may access and use this Website if you are of legal age, in compliance with governing laws. If you are not of legal age or provided with legal permission and ability required to access and use this Website, please refrain from using it, leave it, and do not access its features. In any case, we recommend parents and guardians to monitor their children’s access to the Website.
3. Conditions for using this Website. By entering this Website, you agree to acknowledge and comply with these TERMS AND CONDITIONS. If you do not agree with these TERMS AND CONDITIONS, please do not enter this Website, refrain from using the Website and its Contents, and leave it immediately. Please bear in mind that your right to access or enter this Website may be canceled at any time by Brigard & Castro with no prior notice or justification whatsoever.
4. Electronic transfer of information. If you decide to contact Brigard & Castro through this Website, please bear in mind that electronic transfer of information through global communication networks may be unsecure; therefore, there is no warranty on the secrecy, confidentiality, or security of your information. Whether you are a customer of Brigard & Castro or not, we kindly request you not to transfer information subject to secrecy, confidentiality, or reserve of any kind whatsoever, as Brigard & Castro may neither ensure secrecy, confidentiality, or reserve thereof, nor warrant that such information will be handled under professional secrecy between attorney and client. Brigard & Castro can guarantee neither the integrity nor the return of the information sent by you through this Website. Please do not send us your personal, secret, confidential, or reserved information through electronic or physical media, unless Brigard & Castro has expressly allowed you in writing to do so. Furthermore, please refrain from sending to Brigard & Castro any unrequested information, e-mail threads, or any other information that may be considered a spam. Doing so shall operate as a breach of these TERMS AND CONDITIONS.
5. Brigard & Castro does not provide legal services through the Website. Information and material from this Website are neither intended to be nor shall be construed as a legal view, recommendation, or consultancy of any kind whatsoever. This Website and the access and use thereof, along with the information contained in this Website and the use thereof neither signify nor create an attorney-client relationship or any other kind of relationship whatsoever. Brigard & Castro, the Website, shall not operate as a means to provide any legal services whatsoever. You may not and must not use the Website, its Contents, and the information contained in the Website as a basics or fundamentals to prepare judicial, legal or business arrangement strategies, or to make decisions regarding legal courses of action. In no case shall you interpret this Website as replacing an inquiry with an attorney. Should you require legal consultancy, Brigard & Castro recommends that you immediately contact a professional attorney who may address your case and provide you with a diagnosis. Please bear in mind that the information contained in this Website is not exhaustive.
6. These TERMS AND CONDITIONS may change. Brigard & Castro reserves the right to alter, change, or terminate these TERMS AND CONDITIONS at any time and at its discretion, without any prior notice to you. Brigard & Castro reminds you that it is your duty to visit this website on a regular basis in order to be advised of any changes. In the event of termination of these TERMS AND CONDITIONS, you will not be allowed to access the Website. Nevertheless, restrictions consented by you regarding the information contained in this Website, disclaimers, indemnities, and other concessions will survive the termination of these TERMS AND CONDITIONS. Brigard & Castro also reserves the right to terminate the Website or any part thereof at any time and at its discretion, without any prior personal notice to you.
7. Scope of Contents. Brigard & Castro is a law firm whose legal practice is entirely carried out in Colombia. Even though some of our attorneys are allowed to practice abroad, the scope of the information and Contents you may find in this Website is solely limited to Colombia.
8. Changes in the Website Contents. Brigard & Castro may, at any time and without any prior notice, alter, add, erase, delete, amend, and otherwise change this Website’s Contents, including any document, data, statement, review, reference, or information included in the Website. Please bear in mind that law is constantly changing and varies in consideration of a number of factors and circumstances including the issuance of any type national or local norm, the issuance of national or local court rulings, any acts from executive, judicial, and legislative powers, etc. Therefore, the information contained in this Website on the status of the rulings and legal affairs may be outdated, incomplete, and, at any given moment, not in accordance with reality and not applicable to particular scenarios. We kindly ask you not to take any action based on the information you find in this Website.
9. Ownership, intellectual property rights, trademarks, and registrations. It is forbidden to alter, reproduce, publish, or transfer any Content to other persons, or to use it for any purpose whatsoever. Except to the extent that current laws so permit, it is prohibited to disassemble, decompile, apply reverse engineering, or try to break the content protection by any means. This entire Website’s contents, components, and information, including any text, format, images, music, brands, logos, banner, trade names, sounds, graphics, videos, animation, and other materials in this Website (the “Contents”) are the property of Brigard & Castro, its affiliates and controlling companies, and those applicable third party contractors, licensors, or assignors. Some Contents are protected by copyrights and trademark laws. Any unauthorized use on the this Website’s Contents that breaches Brigard & Castro’s or third parties’ ownership and intellectual property rights may result in relevant courses of action filed by the holders of such rights. Access to or use of this Website will not result, in any way whatsoever, in granting or denying any license, permission, or right to use any brands, names, logos, designs, or Contents protected by Brigard & Castro’s, or any third party’s as applicable, intellectual property right. The creation of websites, Internet sites, electronic documents, or software or applications of any kind whatsoever containing hyperlinks or brands that redirect the browser to any of this Website Content is not allowed.
10. Using this Website. By accessing this Website, you agree and acknowledge that the way you will use this Website, its Contents, and the information contained herein will be for lawful and legal purposes and in compliance with these TERMS AND CONDITIONS and any and all governing laws whatsoever. The use of this Website, its Contents, and the information contained in the Website is restricted by the following conditions, including, but not limited to: You agree not to use this Website, its Contents, or the information contained herein for: (a) transmitting to third parties or otherwise publish any information that is false, harmful, abusive, irritating, troublesome, threatening, tortuous, defamatory, coarse, obscene, pornographic, unfounded, hateful, detrimental, or not supported by legal or contractual permissions ; (b) causing damage to minors or encouraging or causing physical or material damages to any natural or legal person or group of people, or animals; (c) using the identity or personal data from natural or legal people or entities mentioned in the Website for purpose or end whatsoever; (d) transmitting or emitting any material containing computer viruses or any other code, software or application aimed at interrupting, destroying, restricting, or corrupting the functionality of computers, software, information systems, telecommunication networks, or third parties’ infrastructure or services; (e) intentionally or unintentionally violating or breaching any national, local, state, or international governing law, including, but not limited to, privacy and data protection standards; (f) collecting, saving, and managing personal data on natural or legal people or entities without any relevant authorization and failing to comply with governing laws; (g) performing, planning, creating, arranging, or making criminal operations; (h) breaching Brigard & Castro’s or any third parties’ intellectual property rights, or committing any other acts harming third parties or breaching governing laws.
11. License for using the Website. Except for the license mentioned in this section, it is prohibited to alter, reproduce, decode, decrypt, disarm, apply reverse engineering, publish, hyperlink, transfer to other people, or otherwise alter or disclose the Contents and information contained in this Website without any prior written notice by Brigard & Castro. Brigard & Castro grants to you a limited, non-exclusive, and revocable license to access, view, print, and download any of this Website Contents, provided that it is for you to get information only. This license does not include any authorization to publish, distribute, assign, sublicense, transfer, edit, sell, develop any related works, or any other use that is not strictly for fulfilling personal information need only. In any case, the Contents and information contained in this Website, in whole or in part, either graphic or documentary, may not be reproduced in any manner whatsoever or included in any other document, media, or set of data that may be retrieved after recording it electronically, mechanically, optically, or otherwise, unless for purposes of meeting those personal interests allowed herein.
12. Consequences of using the Website. Any breach by you of these TERMS AND CONDITIONS, or any complaint or information received by Brigard & Castro from third parties regarding the breach, abuse, or misuse of all these TERMS AND CONDITIONS may be investigated by Brigard & Castro, who may take all actions and file all legal and extralegal courses of action or lawsuits against you to have any misconduct stop or to get any applicable remedies and compensations under the governing law. Any breach of these TERMS AND CONDITIONS may result in your civil or criminal liability. If you are not sure that your actions related to the access and use of this Website, its Contents, and the information mentioned herein are a violation or abuse of these TERMS AND CONDITIONS, please do not hesitate to ask us previously. We will gladly address your inquiries. You are the sole person responsible for the way you access and use, intentionally or unintentionally, consciously or under consent, this Website, its Contents, and the information contained in this Website.
13. No interference with the Website. Any act, which includes using hardware and software, intended for or resulting in damaging, interfering, affecting integrity or intercepting systems supporting this Website, its operation, or Contents is prohibited. Any acts imposing unreasonable or disproportionate burden on the Website network systems or any network infrastructure used by the Website are forbidden.
14. Links to third party Websites. Please bear in mind that several Websites linked to this Website are not operated, controlled, or administrated by Brigard & Castro; therefore, Brigard & Castro is not liable for the availability, contents, policies, practices, security and goods and services mentioned or promoted in such Websites, including their privacy policies and TERMS AND CONDITIONS of use. Any other link made in the Website to third parties’ Websites does not operate as a sponsoring, coverage, protection, defense, warranty, writ of protection of fundamental rights, endorsement, or backing by Brigard & Castro on the contents, policies, information, services, or practices of such Websites. How you access and use third party Websites linked to the Website is at your own risk.
15. Third party information and contents. This Website may reproduce or contain information from third parties who do not work for or are engaged with Brigard & Castro in any way whatsoever. Brigard & Castro is not to check if such information is truthful. Brigard & Castro does not warrant that such information and contents are true and accurate. Brigard & Castro assures you that all third parties’ information and contents uploaded to or included in this Website has been previously and validly licensed by third parties who own the moral and heritage rights thereto and Brigard & Castro is not breaching any third parties’ rights whatsoever in reference to such information and contents.
16. Advertising and access to services provide by third parties. You acknowledge and accept that any notice, dealings, compromises or arrangements, involvement in promotions, and any other type of relationship you create directly with third parties through the Website, including any type of payment or compromise on goods and services, and any other term, condition, warranty, or representation related to third parties’ products and services, is a compromise solely by and between you and such a third party, and Brigard & Castro is not involved, liable, or has any jurisdiction in said relationship in any way whatsoever.
17. User’s comments. You may send to Brigard & Castro your comments or any other content, including ideas, suggestions, and inquiries on this Website or the information included herein, provided that such information is not illegal, false, harmful, hostile, abusive, irritating, troublesome, threatening, tortuous, defamatory, coarse, obscene, pornographic, unfounded, breaching intellectual property rights, injurious, hateful, detrimental, not supported by any legal or contractual permissions, containing any type of computer virus, or consisting of bulk mail, political campaigns, advertisements, or spam of any kind whatsoever. By sending any content (including personal data) to Brigard & Castro, you are giving Brigard & Castro a non-exclusive and free license to publish, edit, reproduce, alter, reorganize, translate, adapt, create works resulting from, transfer to third parties, sublicense, or otherwise disclose worldwide the information you sent, through the Website or any other media, upon complying with any applicable intellectual property rules; no notice has to be sent to you on the use of such information and no prior written permits, approvals, or consents by you are required. This license includes Brigard & Castro’s, its affiliates’, assignees’ and licensees’ right, at their full discretion, to use and transfer among themselves the name you have submitted along with the content or information sent by you. This license and authorization shall be construed as an approval given by you for using your personal data in compliance with governing laws, legal precedents, and regulations related to data protection and privacy.
18. Information on users’ experiences and comments. Any information included in the Website and provided by users thereof or general public is intended solely for being discussed or used as an example. Brigard & Castro suggests that any information you may find in the Website is discussed with professional attorneys before making your own view or making decisions based on this information.
19. User’s support to Brigard & Castro. Should you find that any of this Website Contents or any information you access to in this Website is inappropriate, inefficient, against the law or these TERMS AND CONDITIONS, of low quality, or otherwise detrimental to you or third parties, Brigard & Castro would appreciate that you send your comments to the contact address provided in these TERMS AND CONDITIONS. In any case, Brigard & Castro holds all the rights to remove or keep the information on the Website.
20. Best efforts. Brigard & Castro has used its best efforts to ensure that all Contents and information included in this Website are correct. However, Brigard & Castro may not warrant or establish that such information and contents are true and accurate; therefore, Brigard & Castro is not liable in any way whatsoever for the truthfulness, accuracy, authenticity, correspondence to reality, correctness, thoroughness, completeness, integrity, or precision of any information or Contents included in this Website.
21. No representations or warranties. Brigard & Castro, its affiliates, employees, directors, agents, officers, distributors, marketers, sponsors or licensors grant no warranties, express or implied, in connection with this Site and all its Content, which is provided to you AS IS and WITH ALL ITS FAULTS which arise from the source. Any information, created by Brigard & Castro or by any other third party, which you obtain through this Site has not and will not create any warranty by Brigard & Castro. Brigard & Castro, its affiliates, employees, directors, agents, officers, distributors, marketers, sponsors or licensors do not grant any warranties, express or implied, regarding the information contained in the Site. Brigard & Castro, its affiliates, employees, directors, agents, officers, distributors, marketers, sponsors or licensors do not grant any warranties, express or implied, regarding the materials or content communicated to you by Brigard & Castro through this site, whether or not they be subject to reserve, confidentiality or secrecy. We reject and refuse any and all express or implied warranties, especially but not limited to those on the market or marketability of the information contained in the Site and from the Site, on the quality and suitability of the information in this Site and the Contents, on non-infringement or suitability or adjustment for a specified purpose or particular, the accuracy and completeness of the contents and the information, the results obtained from the use of the Site, Content or information on the Site, the security on the networks, the quality of the contents and the information contained on the Site, the contractual, pre-contractual and extra contractual relationships that you hold with third parties through the Site, the absence of computer viruses, firewalls, security or technical data components used in the access to the Site or which the Site which is based on, guarantees of performance, and absence errors. The user of the Site shall be solely responsible for the operation, performance, and security of the networks (including WAN, LAN and wireless) and computers and on which you have access to the Site. The user of the site acknowledges that the Site may not be available due to a number of factors, including but not limited to acts of God, unauthorized access, computer viruses, denial of service and other attacks, server technical failures, failures in the telecommunications infrastructure or discontinuity. Brigard & Castro expressly disclaims any express or implied warranty concerning the use of the Site and / or the availability, accessibility, safety, performance, or error-free operation of the same. Brigard & Castro denies and disclaims any warranty as to the correctness of the defects that may have this Site and its Content, or the absence of bad or hurtful technological components.
22. No liability for claims or damages. You as a user of the Site assume your own risk by accessing this and use it, including personal risk and the risk of your properties and those of third parties which may arise to know, use, share or download any content or information provided on this Site or information that is obtained in any other way by you through this Site. You as a user of the Site shall be solely liable for any damage caused by the access to the site may cause and which affects the information and the communication systems that you use to access it, including damage by computer virus. Brigard & Castro, its affiliates, employees, directors, agents, officers, distributors, marketers, sponsors or licensors, as permitted by applicable law, are not be liable under any circumstances exist or no claims or actions of any kind or form, any damages, whether direct or indirect, special, punitive, exemplary, consequential, actual, potential or any other, which causes the user to or suffer the Site or any third party, including but not limited to damage to human integrity, ownership, loss of use, loss of business, economic loss, loss of data or loss of profits, damage being caused under contractual liability, neglect, and / or liability arising from the access and use of the Content of this Site or use the Information contained on the Site. THE ACCESS TO AND THE USE OF THE SITE MEANS THAT YOU HAVE AGREED TO HOLD HARMLESS Brigard & Castro BY OR FOR ANY CLAIM, COMPLAINT, ADMINISTRATIVE OR JUDICIAL INVESTIGATION, LEGAL ACTION OR LIABILITY PROVED BASED ON OR RELATED TO THE VIOLATION OF THESE TERMS AND CONDITIONS BY Brigard & Castro. ACCORDINGLY, YOU WILL NOT BE ABLE TO SUE OR ESTABLISH ANY ACTIONS OR RECOVER ANY COMPENSATION FOR DAMAGES OF ANY PART OF Brigard & Castro RESULTING FROM ANY DECISION OR ACTION MADE BY Brigard & Castro IN THE ADMINISTRATION, MANAGEMENT, OPERATION AND PERFORMANCE OF THIS SITE. THIS INDEMNITY APPLIES TO ANY VIOLATION MADE BY Brigard & Castro TO THESE TERMS AND CONDITIONS.
23. Arbitration clause. Any dispute related to or created whereby or in connection with the acceptance, interpretation, performance of these TERMS AND CONDITIONS or the use that you do of this Site, the Contents and the information contained on this Site, shall be resolved by an Arbitration Court before the Chamber of Commerce of Bogotá, in accordance with the following rules: - the Court shall be subject to the rules of the Arbitration and Conciliation Center of the Chamber of Commerce of Bogotá. - The Tribunal shall consist of three (3) arbitrators appointed by the Chamber of Commerce of Bogotá. - The Tribunal shall decide on the right. - In the event that the dispute is of a technical nature, the Chamber of Commerce shall appoint an expert specializing in the matter. - The term for the Court to rule background shall be three (3) months of its constitution. - Costs arising from the constitution and functioning of the Tribunal shall be borne equally by the undersigned to this agreement. The settlement of a dispute through arbitration court does not suspend the execution of the Agreement except in the cases in which the execution of certain aspects depends directly and necessarily on the resolution of the dispute.
24. Applicable Law. These TERMS AND CONDITIONS will be understood and executed solely in accordance with the laws of the Republic of Colombia, without prejudice to the provisions on conflicts of law of any country.
25. Amendments. No section of these TERMS AND CONDITIONS may be modified, deleted, or added unilaterally by the user of the Site.
26. Applicability If any section or part of these TERMS AND CONDITIONS do not apply or is invalid, in whole or in part, under any law, or is sentenced as such by a court decision, said part shall be construed in accordance with applicable law and its lack of applicability or invalidity will not render these TERMS AND CONDITIONS in general and the provisions remaining or portions of them inapplicable or invalid or ineffective in its entirety and, in such event, these provisions will be changed and construed in such a way that the objectives of such provisions not applicable or invalid will be achieved in the best possible way, within the limits of applicable law or applicable court decisions.
28. No waiver The non-implementation of Brigard & Castro of any of the conditions, terms, and rights included in these TERMS AND CONDITIONS shall not be construed as withdrawal or waiver of Brigard & Castro’s right to thereafter enforce or implement those provisions.
29. Last update These TERMS AND CONDITIONS were updated for the last time on February 01, 2010. We remind you that whenever you enter and make use of the Site, including all and any of the Websites of Brigard & Castro, we understand that you freely undertake to comply with these TERMS AND CONDITIONS.