Terms and conditions of use
1. Application of the Terms and Conditions:
By entering, browsing and interacting with the content of the website www.signalegal.com (hereinafter the “Website”) and all its subdomains (together the “Domains” or simply “www.signalegal.com” or “www. signa.com.co” or “www.signa.com.es” or the “Website”), which are owned by SIGNA TECHLAW S.A.S., a company domiciled in the Republic of Colombia and that for the provision of services in the Kingdom of Spain has a business collaboration contract with M&M 2005 ABOGADOS S.C.P., a company domiciled in the Kingdom of Spain; you as a User (hereinafter identified individually as the “User” and together as the “Users”) accept that you have read and have been informed of these Terms and Conditions for the entry and use of the Website (hereinafter the “Terms and Conditions”), which you should consult each time you interact with the Website, so you can stay updated on them.
By entering the Website, the User is accepting these Terms and Conditions and the Personal Data Processing Policy of the Website and the Cookies Policy
At the time a User enters the Website, they accept these Terms and Conditions at the same time they start interacting with the Website for the first time and subsequently.
SIGNA TECHLAW S.A.S. does not provide services or sell products to minors. Therefore, if you are a minor under the laws of the country in which you are located, you must refrain from entering, browsing and/or using the Website without the company of your representatives and/or those who exercise their parental authority under the laws of the country in which you are located. Minors may enter, browse and/or use the Website only through their representatives and/or those who exercise their parental authority, therefore by entering, browsing and/or using the Website, the User acknowledges, asserts and guarantees that they are of legal age in accordance with the laws of the country where they are located, which in any case must always be Users over eighteen (18) years of age.
In order to have a correct understanding of the Terms and Conditions established for the use of the Website, the definitions listed below are developed. Undefined terms shall be understood within their legal or literal scope. When its literal interpretation is necessary, it will take into account the context within which the term is included:
Website: www.signalegal.com and all its subdomains, including but not limited to www.signa.com.es and www.signa.com.co.
Content: Information provided by the User and/or uploaded by the Website for the provision of services.
Client: Person who has acquired any of the services described in section 6.2.
Business day: means any day that is not a Saturday, Sunday or legal or bank holiday in the country in which the service is purchased.
Business Hour: Business hours shall be understood as those that are between eight in the morning and five in the afternoon on a Business Day.
Terms and Conditions: Rules that regulate the relationship between the User and the Website, as well as between the User, the Website and Third Parties.
Service(s): Those described in section 6.2 of these Terms and Conditions provided by SIGNA TECHLAW S.A.S or its business partners through the Website.
User(s): Any person who enters the Website.
Form(s): Formats of fields where the information is filled out and uploaded for the request for the provision of services offered through the Website.
Brand: Distinctive sign that identifies products or services in the market.
Brand Study or Brand Background Study: Service defined in section 6.2 of these Terms and Conditions.
Trademark Registration Application: Form submitted to the competent national authority in trademark matters requesting the registration of a distinctive sign. Service defined in section 6.2 of these Terms and Conditions.
The other words that are not defined in this section, will be interpreted in their literal sense, but in context with what is stated in these Terms and Conditions.
3. Statements from users:
At the time of entering, browsing and/or using the Website, the User, using their full capabilities, makes the following statements:
3.1 That he understands the importance of these Terms and Conditions, as well as the obligation to read each of the points that comprise it in detail before carrying out any activity on the Website and consequently declares to accept them in their entirety. In this sense, if you do not agree with the Terms and Conditions indicated here, you will refrain from entering, browsing and/or using the Website.
3.2 That in the event of acting as a legal entity, the natural or physical person who enters, browses and/or uses the Website declares that they have broad and sufficient authorizations to accept these Terms and Conditions and legally commit the legal entity that It represents.
3.3 That in case of being a natural person, declares that he is of legal age in his country of origin, and in this sense is fully capable of contracting all kinds of obligations without exception.
3.4 If the User makes any type of registration or provides at any time information for the provision of the service, the User declares that the information provided in the forms of the Website corresponds to true and updated information and that by using the Website and providing the information does not incur, among others, in any of the following behaviors:
– Violation of intellectual property rights, trademarks, trade names and, in general, any information that violates the intellectual property rights owned by third parties.
– Identity theft during registration due to the use of third-party data, including, without limitation, name, email, address, ownership of rights, etc.
– Material and/or ideological falsehood in a public and/or private document.
3.5 That all Users will have the same obligations according to the use they make of the Website.
3.6 Users understand and confirm acceptance of these Terms and Conditions at the time of entering, browsing and/or using the Website, as well as understand and confirm acceptance of the processing of their personal data in accordance with the Treatment Policy of Personal Data provided for the Website.
Access to the Website is free and is reserved exclusively for people of legal age. If you are a minor, you must go to section 1 of the Terms and Conditions and act in accordance with what is established there.
SIGNA TECHLAW S.A.S. and its business partners reserve the right to verify the information provided by the Users and at their discretion may request documents or additional information from the Users to verify the authenticity and veracity of the information provided.
5. Filling out the forms for the provision of the service:
Users may access the services offered on the Website without the need to create a Registered User account, for which they must only provide the information requested in the respective form on the Website provided for this purpose.
Users must provide accurate, sufficient and updated information at the time they fill out the respective form. Any error in the writing, completion and veracity of the information will not generate any responsibility for the Website and the User will be the one who assumes and is responsible for the consequences that the improper provision of information may generate.
Data Update: The User agrees to keep their personal data updated. Any consequence derived from the absence of updating them will be attributable to the User. The Website is not under the obligation to control the veracity of the data presented by the Users. However, in the event of carrying out controls for this purpose, you may request the supporting documents you deem pertinent.
6.1 Details of the operation:
SIGNA TECHLAW S.A.S. and its business partners make the Website available to Users for the purpose of their access to the services that are marketed on the Website, in accordance with the rules established in these Terms and Conditions, and especially the following parameters:
6.2 Description of services:
The Services that are marketed through the Website are:
– Brand Background Study:
This service includes the study of the Distinctive Sign presented by the User, with the purpose of determining whether or not said Distinctive Sign may incur in the cause of unregistration due to the affectation of the rights of holders of previously registered trademarks. The background study does not include another analysis different from the previous one. At the discretion of the Service Provider, the Brand Background Study may include another analysis different from the one stated above, as an added value to the Services provided, but this does not imply an obligation for the Service Provider to carry out said analysis and it is not understood as included within the Services effectively paid, so that no claim whatsoever proceeds on it.
– Presentation of the Trademark Registration application before the Superintendence of Industry and Commerce (SIC):
This service includes the presentation of the trademark registration application before the competent national authority, as well as monitoring the process in order to notify the User of any developments in the registration application process. The above service is limited to what is expressly stated and within it does not include the service of filing or responding to motions of trademark oppositions, nor does it include the service of filing or responding to motions of appeals such as replacement and/or appeal.
– Power to act:
For the provision of the Filing Service of the Trademark Registration Application before the competent authority, the User, by filling out the respective Forms and signing his or her signature on the Trademark Registration Application form, is granting power of attorney to Mr. Daniel Estrada Duque and/or to Mr. Diego Felipe Moreno Camargo, partners of SIGNA TECHLAW S.A.S, for the provision of the Filing Service of the Trademark Registration Application before the competent authority in the terms of the text of the power of attorney set forth in Annex 1 of these Terms and Conditions. This section only applies to services provided in the Republic of Colombia.
– Services not included:
The background study does not include any analysis other than that indicated in section 6.2 of these. At the discretion of the Service Provider, the Brand Background Study may include another analysis different from the one stated above, as an added value to the Services provided, but this does not imply an obligation for the Service Provider to carry out said analysis and it is not understood as included within the Services effectively paid, so that no claim whatsoever proceeds on it.
Likewise, the Filing Service of the Trademark Registration Application before the competent authority is limited to what is expressly stated in section 6.2 and within it does not include the service of filing or responding to memorials of trademark oppositions, nor the presentation service is included or; response to petitions for appeals such as reinstatement and/or appeal. These services can be acquired by Users independently and outside the Website, by directly contacting SIGNA TECHLAW S.A.S.
6.3 Extra services:
Without prejudice to the services described in section 6.2, the Service Provider will offer the Client:
– Service of presentation or response of memorials of trademark oppositions:
This service includes the presentation of trademark oppositions that have the purpose of distorting the registration of the trademark of a third party that affects the rights of the Client; or the response of memorials of trademark oppositions filed by third parties tending to distort the registration of the trademark requested by the Client. For the acquisition of the service, the Service Provider, at the time of notifying the new opposition, will offer the Client the possibility of contracting the service of filing or responding to trademark opposition briefs together with a detailed explanation of the payments for fees. to be paid by the Client. The contracting of the service will be understood as perfected from the moment in which the Client makes the payment. The filing or response to trademark opposition briefs will not guarantee that, in the case of the filing of memorials, the competent authority declares the opposition founded and therefore denies the third party’s trademark, or that, in the case of the response to opposition memorials the competent authority declares the answer founded and grants the trademark registration of the Client.
– Service of presentation or response of memorials of appeals:
This service includes the presentation or response to appeals that proceed against the resolution issued by the competent authority that grants the registration of a third-party trademark that infringes the trademark right that the Client has on a previously registered sign or, on the resolution issued by the competent authority that denies in the first instance the registration of the client’s trademark. For the acquisition, the Service Provider, at the moment of notifying the novelty of the resolution that denies or grants the trademark registration of the Client or of the third party, will offer the Client the possibility of contracting the service of presentation or response of response of memorials of resources together with a detailed explanation of the payments for fees to be paid by the Client. The contracting of the service will be understood as perfected from the moment in which the Client makes the payment. The filing or response to appeal briefs will not guarantee that the competent authority declares the appeal well-founded and therefore denies the third party’s trademark or grants the Client’s trademark registration.
– Monitoring Service:
This service includes the notification to the Client of applications for the registration of distinctive signs that are being presented at the time before the competent authority and that represent a possible and/or eventual affectation of the rights that the Client has. For its acquisition, the client may: i) Pay in advance an annual service that will include the monitoring service and the presentation of opposition briefs at a special price that will be notified at the time of making the offer or; ii) those described in the trademark opposition filing or response service.
The price that will be charged to the User for each Service will be the price in force on the Website at the time the respective Service Request Forms are filled out and the payment made by the User. The applicable taxes are included in the respective price.
The fees for procedures of the competent authority are not included in the price of the services, which will be added to the price and will be paid by the User to SIGNA TECHLAW S.A.S, who in turn will be in charge of paying it on behalf of the User before the competent authority at the time of carrying out the trademark registration application process before said entity.
6.5 SIC fees:
The rates of the Superintendency are established by this entity each year through a resolution. Users may find out about the rates directly on the page of the Superintendence of Industry and Commerce.
The Services will be provided both for natural or legal persons, nationals or foreigners in accordance with the conditions established in these T&C, but said services are provided in the territory of the Republic of Colombia and in the territory of the Kingdom of Spain; and only with effects for the territory of said countries, depending for which of these two countries the service has been acquired. Therefore, the Brand Background Study Service will include the analysis of the Distinctive Sign presented by the User against the Brands actually registered before the competent national authority of the country for which the service has been acquired. Likewise, the Trademark Registration Application Submission Service will only be carried out before the competent national authority of the country for which the service has been acquired.
6.7 Payment of services:
The services must be paid through the payment methods and/or payment platforms provided on the Website. Any claim for payment processing must be made directly by the User before the payment platform selected.
When the sign subject to registration includes more than one Nice classification, the User must pay the corresponding fees for each additional class charged by the competent national authority directly to the account of SIGNA TECHLAW S.A.S. which will be informed prior to the provision of the Submission service of the Trademark Registration application before the competent national authority.
Delivery of results and information on the provision of the service:
The delivery of the results of the provision of the Services will be made directly to the email and/or mobile number provided by each User, within the period indicated on the Website. In the event of any change in the information provided by the User, the User has the duty to update said information, notifying the Website of the change or modification of said data directly to the email email@example.com, in which case The period of two business days mentioned above will start to run again. The foregoing provided that the requested service has not been started or provided.
6.8 Scope of Services:
The User understands that the registration of the trademark depends solely and exclusively on the competent national authority, and to that extent acknowledges that the Services provided by SIGNA TECHLAW S.A.S. they do not guarantee the effective registration of the sign before the competent national authority. As a consequence of the foregoing, SIGNA TECHLAW S.A.S. will be solely responsible for the information recorded in the Brand Background Study and in the Presentation of the Brand Registration application before the Superintendence of Industry and Commerce (SIC).
7. Customer Service.- Requests, Withdrawal, Cancellations, Claims and Returns:
7.1 Requests and Claims:
Any request or claim for the services provided may be made directly to the email firstname.lastname@example.org
7.2 Cancellation and Retractions:
By the Website: The Website reserves the right to cancel requests for the provision of services that it considers suspicious of breaching any of the terms of this document and is not obliged to notify the User in advance.
By the User: The User shall have the right to cancel the request for the provision of services by sending an email to email@example.com as long as the Service has not begun to be provided.
The User who has canceled the request for the provision of service in accordance with what is discussed in this chapter, will have the right to be refunded the entire amount debited less the transaction costs incurred in the return of the money.
8. Additional Legal Aspects:
8.1 Use of elements protected by Intellectual Property:
Elements generated by the Website: The intellectual property rights on the Platform and on all the content published on it are the property of SIGNA TECHLAW S.A.S. or have been licensed to it by its third-party providers, for which reason the reproduction, copying, alteration, modification, disclosure, total or partial reuse of it without the prior express written authorization of SIGNA TECHLAW is expressly prohibited. S.A.S. Consequently, all the information made available on the Platform such as images, advertising, names, brands, slogans and other elements of intellectual property; are legitimately used by the Website either because they are owned by you, because you are authorized to make them available, or because you are empowered to do so under current regulations.
Elements generated by Users: In the event that the Platform allows the publication, upload or loading of User Material, subject to the protection of current or future regulations on copyright and industrial property rights, these will be considered at all times as not confidential. For this reason, when carrying out any of the previously described actions, it will be understood that the User tacitly accepts the uses that the law confers to the owner of the copyright or industrial property, to SIGNA TECHLAW S.A.S. or its affiliates, for commercial, advertising, marketing, investigative or informational purposes.
The User grants SIGNA TECHLAW S.A.S. and its allies a license to use the protected elements to use them for commercial, advertising, marketing, investigative or informational purposes, but said protected elements remain the property of the User. In addition, the rights of material generated by Users that are granted to SIGNA TECHLAW S.A.S. they are not exclusive, which means that the User can continue to use their work and can even offer it to third parties.
The User declares that all the content that is uploaded or uploaded to the Platform is his property or has authorization for its use, in accordance with decisions 351 of 1993 and 486 of 2000 of the Andean Community of Nations, Law 23 of 1982 and the other laws applicable to the subject. As a consequence of the foregoing, the User exempts SIGNA TECHLAW S.A.S. for any unlawful use you make of the User Material.
In the event that the Users wish that the generated elements cease to be used in the future by SIGNA TECHLAW S.A.S. and its allies, must express it in writing and sent to the email firstname.lastname@example.org
Elements generated by third parties: Third parties that upload or load elements protected by Intellectual Property rights, tacitly grant the uses that the law confers to the owners of copyright and industrial property rights, to SIGNA TECHLAW S.A.S. and its allies for commercial, advertising, marketing, investigative or informational uses.
In the event that third parties wish that the elements generated cease to be used in the future by SIGNA TECHLAW S.A.S. and its allies, must state it in writing and sent to the email email@example.com.
8.2 Consumer protection:
Mechanism to report inaccuracies in the services offered: Any request, complaint or claim (hereinafter PQR) that exists about the service or the Platform, must be made in writing and sent to the email firstname.lastname@example.org. In it, you must indicate the means by which you want your PQR to be answered, and if you do not indicate it, the answer will be sent to the address that was sent. SIGNA TECHLAW S.A.S. will respond to these in accordance with the terms established by law.
8.3 Responsibility of the Website:
– Limitation of liability:
Cyber-attacks: SIGNA TECHLAW S.A.S. will implement all reasonable measures to provide security to the Platform. Consequently, and even having applied said measures, SIGNA TECHLAW S.A.S. will be exonerated from any responsibility that falls on the different cyber-attacks that may arise.
Digital platform errors: SIGNA TECHLAW S.A.S. will implement all reasonable measures so that, as far as possible, the operation of the Platform is permanent and without errors, however, given the nature of the Platform and since it works on the internet, said guarantee cannot be absolute, so SIGNA TECHLAW S.A.S. does not ensure error-free and interruption-free activity. The User declares to understand and accept that the system under which the Platform works may present failures, so consequently, in the event that the foregoing occurs, SIGNA TECHLAW S.A.S. It will not be obliged to comply with the service orders that have been generated based on these errors.
Release of liability of SIGNA TECHLAW S.A.S. for acts of third parties: SIGNA TECHLAW S.A.S. is exonerated from any responsibility that falls on the acts carried out by third parties that affect the Platform or the services it provides to its Users.
Release of liability of SIGNA TECHLAW S.A.S. for infringement of copyright or industrial property: SIGNA TECHLAW S.A.S. presumes that all the contents uploaded or uploaded to the Platform for the provision of the Service are the property of the User or have an authorization from the owner for their use. In this sense, SIGNA TECHLAW S.A.S. is exonerated from any responsibility that falls for plagiarism, piracy, infringement, unauthorized use, copying, or any other act that directly or indirectly violates the intellectual rights that a person has over the User Material that is uploaded or uploaded to the page.
The User undertakes to defend, indemnify and hold harmless SIGNA TECHLAW S.A.S., its officials, directors, employees, agents and affiliates, from and against any penalty, loss, claims, actions, costs, damages, sanctions, fines and expenses, including without limitation attorneys’ fees, arising out of, related to or resulting from User’s unauthorized use of the Platform, or any breach of these Terms and Conditions, including without limitation any violation of any law, ordinance, order administration, rule or regulation. For this, SIGNA TECHLAW S.A.S. will give notice, promptly, of any claim, demand or procedure, and will have the right to assume the defense regarding any claim, demand or procedure.
SIGNA TECHLAW S.A.S. may modify or discontinue the Platform, or may modify, suspend or discontinue your access or support, for any reason, with or without notice and without liability to Users or any third party. Even if a User loses the right to use the Platform, these Terms and Conditions will be enforceable against him. The User may terminate these Terms and Conditions at any time, ceasing to use the Platform, surviving all provisions that by their nature should survive to take effect.
The termination of the Services, for any reason, will not generate compensation or indemnity in favor of the User by SIGNA TECHLAW S.A.S.
8.6 Partial nullity:
If any of the provisions contained in this document is invalid and/or contradicts the rules of international law, it will be considered null or void, not affecting the effectiveness and validity of the rest of the provisions. Thus, in the event of any dispute, SIGNA TECHLAW S.A.S. and User agree to use their best efforts to replace such invalid provision with a valid provision.
8.7 Applicable Law and Dispute Resolution:
These terms and conditions will be governed and interpreted according to current and applicable Colombian legislation for the different matters. Any controversy that arises between the parties, directly or indirectly related to these Terms and Conditions, which cannot be resolved amicably between the Parties within ten (10) days following the origin of the dispute, will be submitted to the decision of an Arbitration Court, which will function in accordance with the rules of the Arbitration and Conciliation Center of the Bogotá Chamber of Commerce. The Court will be composed of one (1) arbitrator if the amount of the controversy is less than one thousand (1,000) Current Minimum Legal Monthly Wages of the Republic of Colombia or by three (3) arbitrators, if the amount of the controversy exceeds this value. The arbitrators will be appointed by common agreement between the parties or, failing that, by the Arbitration Center of the Bogotá Chamber of Commerce. Their ruling will be in law and they will apply Colombian law.
SIGNA TECHLAW S.A.S. may, at its sole and absolute discretion, unilaterally and without prior notice change these Terms and Conditions. However, such changes will only apply from the moment they are published on the Platform and will apply to transactions carried out after their entry into force, without altering the transactions carried out previously.
SIGNA TECHLAW S.A.S. reserves the right to assign the Platform to any third party, who will comply with the conditions established in these Terms and Conditions.