Page 1 of 10 TERMS AND CONDITIONS
EKKOFY ADVOCATES
Between the undersigned, EKKOFY S.A.S., with NIT 901.328.403-2, a company incorporated under the laws of the Republic of Colombia, owner of the mobile application “EKKOFY” and the website www.tryekko.com, and the Advocate users, natural persons with legal capacity to contract, who have completed the registration form on the Technological Platform, the following Terms and Conditions are agreed in accordance with Article 1602 of the Colombian Civil Code, which are binding on all parties:
1. INTERPRETATION:
For the purposes of these Terms and Conditions, and unless expressly stipulated otherwise, capitalized words shall have the meanings assigned to such terms in Section 2 below, whether in the plural or singular. The titles of the clauses and sections of these Terms and Conditions are included for reference and convenience only and in no way limit, define, or describe the scope and intent of the content of each of their respective sections or clauses. Technical or scientific words not expressly defined in this document shall have the meanings corresponding to the respective art or science, and other words shall be understood in their natural and ordinary sense, according to general usage.
2. DEFINITIONS:
As used in this Agreement, the following terms shall have the meanings set forth below:
App: means the “EKKOFY” mobile application.
Benefit: means the benefit that a Referral may access in certain Campaigns, as applicable, for an Advocate’s Pitch. Not all Campaigns have Benefits; these will be determined specifically in each Campaign.
Campaign: means the advertising campaign regarding Clients’ Products to which the Advocate may gain access through the Technological Platform in order to carry out Pitches. Campaigns may also support social or political causes, among others.
Client: means the natural or legal person with whom EKKOFY has an agreement to carry out a Campaign.
Commission: means the commission payable by the Client that the Advocate will receive in cash or in kind, as set forth in each Campaign, provided that the Advocate’s Pitch meets all terms and conditions for payment of the Commission. For clarity, not all Campaigns provide commissions or benefits to the Advocate. It is the Advocate’s responsibility to review whether a Campaign has Commissions and freely decide whether to participate as an Advocate.
Account: means the Advocate’s personal and non-transferable account on the Technological Platform.
EKKOFY: means Ekkofy S.A.S.
Website: means the website www.tryekko.com.
Technological Platform or Platform: means the “EKKOFY” mobile application and/or the website www.tryekko.com.
Pitch or Pitches: means the service provided by the Advocate through which he/she recommends or makes the Products known to Referrals.
Products: means the Clients’ goods or services to be pitched in a Campaign. “Products” shall also be understood to include support for social, political, or other types of campaigns.
Referral: means the person to whom the Advocate has pitched one or more Products.
Terms and Conditions: means this document, which is a private agreement between the Advocates and EKKOFY.
Advocate: means the natural person who will make the Pitches to the Referrals. Advocates shall also be understood to include heralds, ambassadors, influencers, or recommenders as they may be called in a given Campaign.
3. GENERAL DESCRIPTION
The Technological Platform is a means by which Advocates can access Clients’ Campaigns, make Pitches of Products to Referrals, and thereby obtain a Commission in cash or in kind, as specified in each Campaign. However, the Advocate understands that not all Campaigns will generate a Commission or Benefit, such as Campaigns that support a social or political cause.
Read these Terms and Conditions carefully before using the Technological Platform.
By registering on the Technological Platform, the Advocate is deemed to have read, understood, and accepted these Terms and Conditions for use of the Technological Platform. If you do not accept them, you may not use the Technological Platform or access Campaigns to provide your Pitch services. Subsequent modifications to these Terms and Conditions by EKKOFY will be notified and your acceptance will be requested again.
Page 3 of 10 DO NOT USE THE TECHNOLOGICAL PLATFORM IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS
4. REGISTRATION ON THE TECHNOLOGICAL PLATFORM
To access Campaigns through the Technological Platform, the Advocate must register and enter the data requested in the registration form to create his/her Account. Only natural persons of legal age and with capacity to contract, in accordance with Colombian law applicable at the time of registration, may register as Advocates and access the Services. It is the Advocate’s responsibility to ensure that the data provided is real, valid, accurate, current, and authentic. EKKOFY shall not be responsible if information is incorrect and does not allow access to the Account or to Campaigns.
The Advocate will access his/her personal Account by entering the registered email address and chosen password on the Website or through the App once downloaded and all registration data has been entered. The management and confidentiality of these credentials is the Advocate’s sole responsibility. If a third party gains access to the Account without the Advocate’s consent and takes actions within the Technological Platform or violates the confidentiality of Account data, this will be deemed the Advocate’s responsibility when choosing his/her username and password.
Once the Advocate’s personal Account has been created, he/she will be able to access Campaigns.
THE REGISTERED USER MAY NOT SHARE HIS/HER USERNAME AND PASSWORD WITH THIRD PARTIES TO ACCESS THE ACCOUNT. ANY VIOLATION OF THIS CLAUSE WILL ENTITLE EKKOFY TO TERMINATE THIS AGREEMENT AND DENY THE USER ACCESS TO THE TECHNOLOGICAL PLATFORM.
The Advocate is responsible for all operations carried out on the Technological Platform, since access to it is restricted to entry and use of his/her username and password. The Advocate undertakes to notify EKKOFY immediately in writing of any unauthorized use of his/her Account, as well as access by unauthorized third parties.
EKKOFY may temporarily or permanently suspend Advocates whose data cannot be verified, is fraudulent or false, or who misuse the Technological Platform in violation of these Terms and Conditions. In cases of disablement, all transactions carried out will be suspended without any obligation of compensation. EKKOFY also reserves the right to reject any registration request or cancel a previously accepted registration, without giving rise to any right to indemnification or compensation.
Page 4 of 10 EKKOFY is not responsible for the Advocate’s use of his/her Account or for the use the Advocate makes of information obtained from the Technological Platform.
EKKOFY reserves the right to conduct due diligence on persons who wish to register on and use the Technological Platform. This includes activities such as reviewing names and identification numbers, and searching official databases and public registries. EKKOFY reserves the right to refuse individuals the use of the Technological Platform when there are inconsistencies in the information provided or when security risks are perceived. By accepting these Terms and Conditions, Advocates expressly and unequivocally authorize EKKOFY to use their personal data to perform due diligence in databases in order to ensure safety in the provision of services, as set out in the Authorization for the Use of Personal Data, in accordance with NIDOO’s Information Processing Policy, in compliance with Law 1581 of 2012.
5. CAMPAIGNS
Once the Advocate has completed the registration process on the Technological Platform and has his/her Account created, he/she may access Campaigns.
For an Advocate to access Campaigns through the Technological Platform, he/she must meet a series of requirements and conditions previously established by Clients. If the Advocate does not meet the requirements set forth on the Technological Platform, he/she will not be able to access a given Campaign. Advocates will not have access to all Campaigns, only to those that have been enabled in their Account for meeting the requirements to be an Advocate for the respective Campaign.
If the Advocate meets the requirements established for a Campaign, he/she may access it and make Pitches of the Products for that Campaign.
Each Campaign has its own terms and conditions, which the Advocate must read before starting to Pitch the Products. If the Advocate agrees to the terms and conditions of the respective Campaign, he/she may start the Pitch. By making the Pitch, the Advocate is deemed to have accepted the terms and conditions of the respective Campaign.
By accepting these Terms and Conditions, the Advocate understands and agrees that the only party responsible for the Products and for Benefits granted to Referrals and to the Advocate is the Client. The Technological Platform is a means through which Clients carry out their Campaigns and Advocates make Pitches about the Products.
Likewise, by accepting these Terms and Conditions, the Advocate understands and agrees that responsibility for paying the Commission due to each Advocate lies with the Client, and the Technological Platform is merely a means to make such payment.
Page 5 of 10 The Advocate shall be solely responsible for the use of the personal data of any Referral to whom he/she sends a Pitch about Products. EKKOFY and the Client will not have access to a Referral’s data; they will only have access if the Referral registers on the Technological Platform.
By accepting these Terms and Conditions, the Advocate understands and agrees that EKKOFY is not responsible for promotions and offers concerning Products made in each Campaign. The Advocate understands and agrees that the Client is responsible for promotions and offers concerning the Products of each Campaign. The Client reserves the right to change, limit, or terminate special offers or promotions at any time.
The Technological Platform is a medium to communicate such promotions and offers; therefore, EKKOFY is not responsible for compliance with promotions and offers made by third parties through the Technological Platform.
The term of a Campaign is that which coincides with the effective dates indicated in its specific terms and conditions.
6. COMMISSION
The Advocate will be entitled to payment of a Commission to be paid by each Client through the Technological Platform for each Pitch that complies with the terms and conditions of the respective Campaign.
The Commission may be in cash or in kind, as determined in the terms and conditions of each Campaign.
Cash Commissions will be paid to the Advocate through Bancolombia S.A.’s Nequi platform. The Advocate must download the Nequi application and comply with the terms and conditions for the use of that platform to receive cash Commissions, if so established in the respective Campaign. EKKOFY is not responsible for the use of the Nequi platform nor for transactions the Advocate carries out through it, including the Commission payment, which is the Client’s responsibility.
The Advocate will be responsible for all taxes, withholdings, expenses, and costs applicable to the payment of Commissions.
Commissions in kind will be the Client’s responsibility. The applicable provisions set out in the terms and conditions of the respective Campaign shall apply to their payment. Considering that the Client offers the Commission, EKKOFY is not responsible for products delivered as payment of the Commission in kind.
The warranty for products to be delivered to the Advocate as payment of the Commission shall be the Client’s responsibility, and any claim regarding them shall be made to the Client in accordance with the procedure established by the Client for that purpose.
Commissions corresponding to each Advocate are personal and non-transferable.
Page 6 of 10 Paragraph: The Advocate understands and agrees that not all Campaigns provide commissions or benefits to the Advocate or to Referrals. It is the Advocate’s responsibility to verify whether a Campaign has Commissions and/or Benefits and to freely decide whether to participate in it as an Advocate. In Campaigns in which the Advocate participates that do not have a Commission or Benefit, the Advocate will receive nothing in return.
7. NO EMPLOYMENT RELATIONSHIP
By accepting these Terms and Conditions, the Advocate understands and agrees that there is no employment relationship of any kind with EKKOFY or with Clients.
8. TECHNICAL AND ADMINISTRATIVE AUTONOMY
The Advocate will carry out Pitches and use the Technological Platform on his/her own account and under his/her responsibility. Accordingly, the Advocate will have technical, administrative, and financial autonomy in the performance of this agreement.
9. TERMINATION OF THE AGREEMENT
This agreement terminates upon:
1. The Advocate’s breach of these Terms and Conditions.
2. The Advocate’s death.
3. Legal or judicial mandate.
The Advocate’s ACCOUNT may be preventively or permanently suspended by the Technological Platform at any time to avoid harm to third parties, fraud, conflicts, or for any reason that affects or could affect service operation.
10. LEGAL CAPACITY
1. To accept these Terms and Conditions, you must be of legal age and have legal capacity, under Colombian law, to access the Technological Platform.
2. The Advocate declares that the information provided in the registration form and during use of the Technological Platform is true, current, and complete.
11. FEATURES AND CHANGES
The Technological Platform is in a constant process of evolution and development. The Platform’s features may be modified at any time at EKKOFY’s discretion.
Likewise, these Terms and Conditions may change at any time; notice will be given and you will be asked to accept them again.
Page 7 of 10
12. TECHNICAL AND OPERATIONAL ASPECTS
Advocates must keep in mind the following:
a. EKKOFY adopts the technical and operational measures necessary to ensure the security of stored information. However, in the event of hacking or crime, it is noted that this is a technological service that in any case involves risks for the parties. Therefore, identity verification procedures are issued, and it is recommended to use a password that meets minimum security conditions.
b. Advocates must notify EKKOFY immediately of any security breach or unauthorized use of their Account on the Technological Platform.
c. Advocates must have internet service or a data plan for proper operation of the Technological Platform.
d. Any unauthorized use of the Technological Platform entitles EKKOFY to unilaterally suspend, restrict, or terminate the Account and/or the offending Advocate.
Likewise, EKKOFY is not responsible for any damage, loss, lost profits, or consequential damages to the Advocate caused by failures in the system, the server, the Internet, or the Advocate’s data plan. EKKOFY is also not responsible for any virus that may infect the Advocate’s device as a result of accessing the Technological Platform. EKKOFY does not guarantee continuous or uninterrupted access to or use of the Technological Platform. The system may not be available due to technical difficulties or Internet/data failures, or any other circumstances beyond EKKOFY’s control; in such cases, EKKOFY will seek to restore service as quickly as possible without any resulting liability.
13. USAGE PROFILES
It is up to Advocates to define, expand, restrict, modify, and update the data registered on the Technological Platform.
14. CONFIDENTIALITY OF INFORMATION
EKKOFY will not disclose to third parties the personal registration information provided by Advocates, except by order of a competent authority or to persons authorized by the Advocates.
However, Advocates and users of the Technological Platform expressly accept that the Technological Platform may receive, collect, analyze, and transfer to third parties Advocates’ opinions and ratings and may present reports to media outlets, authorities, companies, or citizens.
15. AUTHORIZATION FOR THE PROCESSING OF PERSONAL DATA
To register on and use the Technological Platform, the Advocate must authorize EKKOFY to use his/her personal data by accepting the Authorization for the Use of Personal Data, which is independent of these Terms and Conditions.
The Advocate must comply with Law 1581 of 2012 and its regulatory decrees and will be responsible for the personal data of Referrals to whom he/she makes Pitches. EKKOFY will only have access to Referrals’ personal data to the extent that they register on the Technological Platform and authorize EKKOFY to use their personal data by accepting the Authorization for the Use of Personal Data.
EKKOFY is neither the controller nor the processor of personal data that Advocates register for the use of Bancolombia S.A.’s Nequi platform.
Page 8 of 10 16. USE OF INFORMATION.
1. These Terms and Conditions grant a limited, non-exclusive, non-transferable license that allows registered Advocates to use and access the information available on the Technological Platform. It is expressly prohibited to assign, sell, sublicense, manipulate, or carry out any transaction regarding the license outside these Terms and Conditions.
2. Advocates acknowledge EKKOFY as the holder of copyrights, trademarks, patents, data, software, photographic material, graphic design, trade secrets, and all information contained in the Technological Platform, protected by Law 23 of 1982 and Decision 486 of 2000, international treaties to which the Republic of Colombia is a party, and in general any applicable law. The content of the Technological Platform may not be modified nor used in any way except pursuant to an express license from EKKOFY.
17. PROHIBITIONS
Advocates are expressly prohibited from:
1. Applying measures, loads, software, malicious code, or the like to the Technological Platform that may affect or do affect its operation.
2. Publishing information that infringes copyrights or otherwise affects others’ rights.
3. Using protected material on the Technological Platform, regardless of the mode or purpose.
4. Taking any action that prevents verification of identity, veracity, and in general any verification performed by the Technological Platform.
5. Using the Technological Platform under the influence of alcohol or any narcotic.
6. Copying or reproducing the Technological Platform, its content and/or features.
7. Using robots or IT mechanisms that enable the collection, storage, or manipulation of information from the Technological Platform.
8. Engaging in any conduct contrary to these Terms and Conditions, as well as any illegal conduct.
Page 9 of 10 18. USE OF COOKIES AND ACTIVITY FILE. PLATFORM MONITORING
The Technological Platform uses cookies. The cookies used by the Platform are files sent to a browser via a web server to record the user’s activities on the Platform and enable smoother and more personalized navigation. The user has the ability to configure their browser to prevent entry of cookies, block them, or delete them. To use the Website, it is not necessary for the user to allow the download or installation of cookies.
Likewise, the Website’s servers automatically detect the user’s IP address and network name. All this information is temporarily recorded in a server activity log that enables subsequent processing of data to obtain statistical measurements such as the number of page impressions and the number of visits made to the Website, among other measurements.
19. INDEMNITY
The Advocate shall hold EKKOFY and/or any of its members and/or employees harmless from any claim, loss, damage, liability, cost, and expense (including legal advisory costs), as effectively demonstrated and caused by claims or demands made by third parties in relation to the use of the Technological Platform and these Terms and Conditions.
The Advocate authorizes EKKOFY to: (i) intervene and represent him/her in such claims, being able to enter into settlement agreements deemed appropriate to avoid higher costs and/or to avoid potential contingencies, without limitation, in his/her name and representation; (ii) retain and debit from his/her Account existing and/or future funds to recover expenses incurred in such settlements, which may include the fees of the intervening attorneys and court costs in a reasonable amount; and/or (iii) generate specific debits in his/her billing.
20. APPLICABLE LAW
These Terms and Conditions are governed by the laws of the Republic of Colombia and may be modified at any time according to the service offered, which will be published prior to their effective date.
The provider of the services of the Technological Platform is:
EKKOFY S.A.S.
NIT: 901.328.403-2
Page 10 of 10 Address: Calle 97A No. 9A -34, Piso 6
Email: daniel.palis@ekkofy.com
Phone: +57 310 3469972
Bogotá, Colombia
(CLICK ACCEPT TERMS).
DATE: