TERMS AND CONDITIONS ARLI SYSTEM
END USER
This document establishes the general terms and conditions (hereinafter the “Terms and Conditions”) that regulate the relationship between Arli S.A.S, a Colombian company, duly incorporated, identified with N.I.T 901834916 – 9 (hereinafter the “Owner” or “Arli”) with the users (hereinafter the “Users”, “End Users” or individually the “User”, “End User”) who wish to access the services of the Arli System (hereinafter the “Platform”).
Arli is a technology company engaged in IT system development activities (planning, analysis, design, programming, testing), which has developed a software system, called “Arli System”, which is intended to enable Users to track, collect, centralize, aggregate, generate and process data associated with the traceability operation within the framework of the circular economy.
Users wishing to access the services offered on the Platform may do so subject to these Terms and Conditions, as well as the policies and principles incorporated herein. Acceptance shall be understood to be granted with the mere access to the services of the Platform, or any means of communication made available to Users by Arli. In any case, whoever does not accept these Terms and Conditions must abstain from using the Platform or from using the services offered by Arli.
Contact Information
SECTION I. DEFINITIONS
Access to and/or use of the Platform, including registration on the Platform and the request for tracking, collection, centralization, generation and/or processing of data, confers the status of End User. Said access and/or use is regulated by a Software Use License Agreement that must be previously signed between the User and Arli.
By virtue of this, whoever accesses the use of the Platform shall be subject to these Terms and Conditions, as well as to any subsequent modifications, in accordance with the applicable legislation, and shall therefore be deemed to have accepted them from the moment he/she enters the Platform.
Given the above relevance, End Users are recommended to review the updates made to these Terms and Conditions each time they are going to access the services provided by Arli.
The commercial relationship existing between Arli and the User corresponds to a license to use the Platform. Therefore, the User may access the Platform and the services and tools defined in these Terms and Conditions, without this implying that Arli has any kind of working relationship with the User.
It is expressly stated that the liability arising from the use of the Platform shall be borne by the person who registers on the Platform.
The Platform allows access from different devices connected to the internet and offers the services of tracking, collecting, centralizing, aggregating, generating and processing data associated with the traceability operation in the framework of circular economy supply, composed of different product modules, parameterizable according to the market opportunities and needs of each User.
Access to the Platform shall be governed by these Terms and Conditions, as well as by the Software License Agreement concluded between Arli and the User, which will allow the use of the Platform and access to its different tools.
1) Registration on the Platform
Once the User has acquired the Platform Use License, he/she will be able to access the Platform by creating a username and password, which will be unique and non-transferable.
For the account creation process, the User must fill in the requested information with the required data, providing truthful, accurate and precise information. The User agrees to be solely responsible for the updating, accuracy, precision and veracity of his/her data. Likewise, he/she accepts that Arli may request and/or consult the veracity of the data provided by the User, in order to verify that the identity provided is real.
Once the account has been created and the password assigned, the User agrees to keep the password strictly confidential. The User who identifies any improper or suspicious use or activity from his/her account must immediately notify Arli.
2) Description of the Service
The User shall enter into a Platform Software License Agreement with Arli, which shall allow the User to use the Platform and, depending on the type of License purchased, to access its different tools.
The Platform aims to enable Users to easily visualize, track, verify and document all the operations they perform on a daily basis in the supply side of the circular economy, which has the following actors:
a. Collector: is an entity that is dedicated to the collection of recyclable materials from a variety of sources. These may include households, businesses, plants, warehouses, construction sites, among others. Collectors play an essential role in the circular economy supply chain, as they are responsible for the first stage of the process: the collection of materials that will later be recycled and reused.
b. Trader: is an agent or entity that deals with the purchase and sale of recycled raw materials. Traders play a key role in the supply chain, as they help facilitate the flow of these materials from the Collectors and generators to the final Consumers who use them in their production processes.
c. Transformer / End-user: this type of user receives the recycled raw material for use in processes to create other products. The raw material can be any material that is transformed into a finished product through various manufacturing or production processes. This type of user plays a crucial role in the supply chain, as it converts raw materials into goods that can then be distributed and sold in the market.
Within the Platform, the entire process involving Collectors, Traders and Transformers or Final Consumers can be managed in a comprehensive manner, allowing End Users to trace from the request and physical collection of materials and products, to the real-time tracking of the routes of these materials and their delivery to Final Consumers.
The tools that Users will find in the Platform to carry out this traceability will depend on the type of licence they purchase.
This may be:
a. Collectors License: This license contains the following tools and specifications:
i. Management Web: This tool plays a crucial role in monitoring operations, logistics, inventory and sales. It tracks data on physical products, provides a clear and accurate view of daily operations and enables informed decision-making based on real and up-to-date data.
ii. Optimize Data Integrity and Standardize Processes:
iii. Generators Web & App: allows generators to request and track their collections. This functionality allows generators to keep constant track of their requests, providing transparency and efficiency throughout the process. Together, these tools allow collectors to perform their work more efficiently, improving productivity and quality of service.
iv. Optimization of collection and environmental data:
v. Collector App: This application is essential for Collectors, as it helps them to efficiently manage the completion of their collection routes. The Arli System is designed to improve efficiency and productivity by enabling collectors to optimise their routes and manage their tasks effectively.
vi. Maximizing Collection Efficiency:
b. TIDES Web License: This license contains the following tools and specifications:
Users may purchase one of these two licenses and access each of its tools or they may purchase both licenses and access all the tools enshrined in the Platform in a comprehensive manner.
4. Obligations
1) Obligations of End Users
By accepting these Terms and Conditions, End Users are obliged to: (1) Provide truthful and reliable information when registering on the Platforms; (2) Keep the personal information provided to Arli up to date; (3) Refrain from using the services offered by the Proprietor to perform acts contrary to morality, law, public order and good customs against the Proprietor or third parties; (4) Timely pay Arli the price for the License to Use the Platform; (5) Refrain from sublicensing the Arli System, perform any kind of reverse engineering related to the Arli System and refrain from making modifications to the Arli System.
The End User is prohibited from using any form of reverse engineering or deconstruction of the operating systems of the Platform. In addition, the User undertakes to use the information, content or services offered through the Platform in a lawful manner, without challenging the provisions of these Terms and Conditions and the applicable law, and shall refrain from any act that may affect Arli’s rights or in any way impair the operation of the Platform.
2) Obligations of the Holder
Under these Terms and Conditions, the Holder undertakes to: (1) Provide true, reliable, sufficient, clear and updated information regarding the services provided on the Platform; (2) indicate the general characteristics of each type of License and allow access to the Platform according to the type of License purchased; (3) make available to the Users the updated Terms and Conditions of use of the Platforms; (4) use the information and personal data of the Users for the purposes set out in these Terms and Conditions; (5) carry
out preventive and corrective maintenance of the Arli System when necessary.
SECTION II FINAL CONSIDERATIONS
The Proprietor does not guarantee in any way the continuity and availability of the content or services offered through the Platform. However, the Proprietor shall take the actions that, according to its possibilities, allow it to maintain the proper functioning of the Platforms, without this implying any liability on its part.
Similarly, the Holder shall not be responsible or guarantee that the content of the software that can be accessed through the Platform is free of errors, malicious software or that may cause any damage to software or hardware on the computer through which the User accesses the platforms, so Users agree that they access these at their own risk and responsibility.
The Contractor shall also not be liable for any damages that may be caused by improper use of the Platforms. In no event shall the Owner be liable for any loss, damage or injury of any kind arising out of access to or use of the Platform.
The content published on the Platforms, by any means or format (text, video, images, etc.) is for illustrative purposes only and does not constitute advice or counsel on any of the subjects it deals with.
Arli does not guarantee the currency or veracity of the information contained in websites, files, applications, and other third-party content to which the User is redirected from the Platforms of the Owner, as well as the content provided by other Users and/or Providers in the spaces provided for this purpose. The entry and use of the sites, files, applications and similar to which the User is redirected from Arli shall be subject to their terms and conditions, for which Arli shall have no responsibility whatsoever. Neither does Arli guarantee that the content of third-party websites, files or applications complies with Colombian legislation on data protection or that the content presented therein is legal under Colombian law.
By virtue of the conditions of legal capacity established in the Colombian Civil Code and the validity of the manifestation of will through electronic means established in Law 527 of 1999, Users at the time of placing orders and, likewise, Suppliers at the time of offering and selling their products, expressly state that they have the capacity to enter into the type of transactions to be carried out through the Platforms. Minors may not place orders, offer or sell products.
These Terms and Conditions shall be governed in all respects by their content and by applicable Colombian law.
The User expressly declares that he/she has read, understands and accepts the Terms and Conditions in their entirety, and therefore undertakes to fully comply with the duties, obligations and charges stipulated herein.
These Terms and Conditions are valid as of 25th July 2024 and until they are modified and the new version is published on the platforms.