Hagale · términos y condiciones
Welcome to Hagale. These Terms and Conditions ("Terms") govern your use of the Hagale mobile application, our website at https://hagale.com.co, and any related services offered by Hagale (collectively, the "Platform"). The Platform is operated by Maico Colombia, located in Cota, Cundinamarca, Colombia ("Hagale", "we", "us", or "our").
Throughout these Terms, "you" or "User" refers to any individual or entity that accesses or uses our Platform. This includes:
By accessing, browsing, creating an account, or using the Hagale Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.
Depending on your role, you may register as a Customer, Vendor, or Delivery Partner. Each account type has specific features and obligations which are detailed throughout these Terms.
Hagale operates as a technology platform that connects:
We facilitate transactions but are not directly a party to the sale or delivery agreement between Customers and Vendors, except as otherwise stated.
We accept various payment methods as displayed on the Platform, which may include:
By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our payment processor) to charge the full amount of your order.
Upon successful completion of an order, an electronic invoice will be generated in compliance with Colombian tax regulations (factura electrónica) and sent to the email address associated with your account.
When you opt for delivery, Hagale facilitates the connection between you (Customer/Vendor) and independent Delivery Partners. Delivery Partners are independent contractors, not employees of Hagale.
Any delivery time estimates provided (e.g., "1-2 days") are estimates only and are not guaranteed. Factors such as weather, traffic, and order preparation time may affect actual delivery times.
Delivery fees are calculated based on distance, time, demand, and other factors. The applicable delivery fee will be clearly displayed before you confirm your order.
Hagale's IP: The Hagale Platform, including its design, logo, graphics, text, software, and all content not provided by users, is the exclusive property of Maico Colombia or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works without our express written consent.
User Content: By submitting reviews, photos, or other content, you grant Hagale a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, and display such content for operating and promoting the Platform.
Disclaimer of Warranties: THE PLATFORM AND ALL SERVICES AND PRODUCTS OFFERED THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HAGALE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY COLOMBIAN LAW, IN NO EVENT SHALL HAGALE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORM, CONDUCT OF THIRD PARTIES, OR ANY GOODS OR DELIVERIES OBTAINED THROUGH THE PLATFORM.
Cap on Liability: HAGALE'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO HAGALE (IF ANY) DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
You agree to indemnify, defend, and hold harmless Hagale, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Platform, your violation of these Terms, your violation of any rights of a third party, or any content you submit to the Platform.
Governing Law: These Terms and any dispute arising out of or related to them shall be governed by the laws of the Republic of Colombia.
Informal Resolution: Before filing any legal claim, you agree to attempt to resolve any dispute informally by contacting us at hagaleapp@gmail.com. If we cannot resolve the dispute within sixty (60) days, either party may proceed as set forth below.
Arbitration: Any dispute arising out of or relating to these Terms shall be finally settled by arbitration in Bogotá, Colombia, administered by the Centro de Arbitraje y Conciliación de la Cámara de Comercio de Bogotá (CCB) in accordance with its rules. The arbitration shall be conducted in Spanish. The arbitration award shall be final and binding.
Consumer Protection: Nothing in this dispute resolution section shall affect your statutory rights as a consumer under Colombian Law 1480 of 2011 (Consumer Statute) to bring claims in court.
By You: You may terminate your account at any time by contacting customer support or through account settings (if available).
By Hagale: We may suspend or terminate your access to the Platform, or delete your account, at our sole discretion, without prior notice, for any reason, including breach of these Terms.
Effect of Termination: Upon termination, your right to access the Platform will immediately cease. Provisions that by their nature should survive termination shall survive, including Sections 9, 10, 11, and 12.
Hagale reserves the right to modify or update these Terms at any time. When we make changes, we will update the "Last Updated" date at the top and may notify you through the Platform or via email. Your continued use of the Platform after any changes constitutes your acceptance of the revised Terms.
Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published on the Platform, constitute the entire agreement between you and Hagale.
Severability: If any provision is held invalid or unenforceable, the remaining provisions shall be enforced.
Waiver: Our failure to enforce any right or provision will not be deemed a waiver.
Assignment: You may not assign these Terms without Hagale's prior written consent. We may assign these Terms without restriction.
If you have any questions about these Terms, please contact us at: