TERMS OF USE AND INFORMED CONSENT
1. General Information
We request that you carefully read these terms and conditions of use of the Service Provider Catalog, hereafter the Catalog. This document also contains the informed consent for users of the Catalog. Access to the Catalog is free of charge and does not create any commercial, contractual, employment, or professional relationship between its users and PROCOMER. Users shall not access or attempt to access another user’s account, nor shall they misrepresent or attempt to misrepresent their identity while using the Catalog or any of the systems for which they have access permission.
2. Users of the Service Provider Catalog
Users of the Service Provider Catalog include legal entities interested in joining the catalog, hereafter referred to as “service providers,” as well as companies and investors interested in contracting services related to the establishment and operation of a business in Costa Rica, hereafter referred to as “investors.”
3. Requests for Information from Service Providers and Confidentiality
In the event that a company or investor has requested that PROCOMER use its good offices to obtain information about the services offered by the providers listed in the Catalog, such providers agree to respond to such requests in due time and form. When, as a result of a request for information, as mentioned in the preceding paragraph, a company or investor asks PROCOMER not to disclose its identity to service providers, the latter shall refrain from asking PROCOMER or its representatives for the name of the requesting company or investor.
4. Information Storage and Management
The Costa Rican Trade and Investment Agency (PROCOMER), with headquarters located in Escazú, Plaza Tempo Building, Lobby B, third floor, shall store the data provided by users to create the Service Catalog for Investors. The management of this Catalog is the responsibility of PROCOMER’s Investment Management.
5. Purpose of the Information Request
The purpose of the Catalog is to provide investors with a directory of suppliers capable of providing services related to the establishment and operation of businesses in Costa Rica, as a means of strengthening foreign trade and attracting foreign direct investment. This database will also function to maintain contact with suppliers and users, as well as to collect general data for statistical purposes, generate reports, and provide information, among other related tasks.
6. Documents Required for Inclusion in the Service Provider Catalog
The data requested from providers is mandatory and must be provided in full. This information will enable the applications to be screened objectively and under equal conditions, ensuring they are reasonably suitable, so that it may be used by potential investors.
7. Accuracy of Information
By accessing this website, users declare that the information provided is their own, current, accurate, and true. Therefore, it is the responsibility of said users to provide the information under these terms. Furthermore, it is the responsibility of the users to utilize the information solely for the aforementioned proposed purposes.
8. Intellectual and Industrial Property
The logo, name, trademark, design, and all graphics that identify PROCOMER, its various products, or services belong to the Costa Rican Trade and Investment Agency. The use, reproduction, copying, or redistribution thereof without written permission is prohibited. All other trademarks appearing on the site belong to their respective owners; likewise, the use, reproduction, copying, or redistribution of such trademarks without the express permission of their owner is prohibited. In the case of companies interested in joining the Service Provider Catalog that wish to submit client portfolios, PROCOMER operates under the rebuttable presumption that authorization for such purposes has been obtained.
9. Authorization to Share User Information
By the very nature of the Catalog, it is understood that PROCOMER is authorized to share certain information about service providers with other entities and the general public, including, but not limited to: address, phone number, office location, email address, experience, service descriptions, resumes, logos, and photographs provided freely and voluntarily by those interested in being included in the Catalog.
10. Data Management
All information provided to PROCOMER and made available to third parties shall be treated in accordance with the provisions of the Law on Protection in the Handling of the Personal Data of Individuals No. 8968; the National Statistical System Law No. 9694; the Law on the Protection of Citizens Against Excessive Requirements and Administrative Burdens No. 8220; the National Archives System Law No. 7202; the Undisclosed Information Law No. 7975; and their respective regulations and amendments. This is to ensure that there is no unauthorized disclosure of the data provided, in order to prevent the platform from being compromised.
11. Compliance with Requirements
PROCOMER reserves the right to reject applications that do not meet the minimum requirements to be part of the Catalog, or that fail to properly complete the application data or its subsequent modifications.
12. Data Update
It is the responsibility of the companies to keep their data and information up to date.
13. Data Modification
Service Providers registered on the Service Provider Catalog may exercise their rights of access, rectification, erasure, and revocation of their data at any time.
14. Provider Ranking and Rating
PROCOMER reserves the right to establish, based on information provided by investor companies that have utilized the services of providers registered on the Catalog and through objective rating mechanisms for the services offered, a ranking of registered providers. This shall not be interpreted as a direct recommendation made by PROCOMER.
15. The use of the Catalog will not be permitted for the following purposes
- Organizing political or similar kinds of activities.
- Posting content that defames or threatens other individuals or legal entities.
- Making statements that may be considered bigoted, hateful, racially offensive, or against human rights.
- Enabling illegal activities.
- Infringing the intellectual property of other owners, including but not limited to copyrights, trademarks, patents, trade models, trade secrets, or undisclosed information.
- Using material containing language or images that may be considered vulgar, obscene, or offensive.
16. PROCOMER Disclaimer
No PROCOMER official shall be held liable for the use of the Catalog by users, suppliers or providers registered on the Catalog. Users understand that the data provided on the Catalog is available to third parties, and that this initiative is an informative tool and does not, under any circumstances, imply a recommendation or specific advice from PROCOMER to buyers, nor does it imply an order of preference regarding the companies registered therein. The individuals that use the Catalog will not have any action or right of claim against PROCOMER, its legal representatives, managers, directors, officers, employees, advisers, and consultants, derived from any expense or cost they have incurred or for any commitment or promise they have acquired in connection with the information contained in the Catalog. PROCOMER is a third party that is not involved, obligated, or bound to do or refrain from doing any specific thing. In light of the foregoing, investors, companies, providers, and users in general understand that they shall not be entitled to seek compensation, file claims, or submit complaints to PROCOMER in relation to any decision made based on the content or information on the Catalog. In particular, PROCOMER shall have no obligation or liability for any damages caused by the use of the Catalog, including, but not limited to, claims for damages, defamation, errors, loss of data, poor quality or incomplete services, and civil, criminal, administrative, or extra-contractual liability.
17. Responsibility of the Users of the Catalog
Users of the Catalog assume full responsibility for any communications, negotiations, commercial relationships, actions, and contracts they enter into, or intend to enter into, with the legal entities registered thereon. PROCOMER shall not be liable in any way for such transactions, and it is hereby expressly stated that PROCOMER shall not act as a negotiator, mediator, facilitator, or any other similar role between the parties, as its role is solely to collect information from the Catalog, without any liability arising from that fact alone. The same rules shall apply to registered suppliers who feel aggrieved by a company that intends to use, or has used, their services.
18. Limitations of Use
Users of the Catalog undertake to use the information solely for purposes that are reasonable, proportionate, and lawful. In accordance with the foregoing, should a third party claim that any material published on the Catalog violates reasonable, proportionate, or lawful use, it shall be the responsibility of the user who considers themselves affected to take the corresponding actions to establish the normal use of the information existing on this Catalog. PROCOMER reserves the right to remove material from the site, block access, or take any other action regarding posted material, at its discretion, although it is under no obligation to do so. Furthermore, PROCOMER is obligated to comply with any applicable court or administrative orders regarding the information or use of the aforementioned Catalog.
19. Jurisdiction and Applicable Law
Any controversy or conflict that may arise as a result of the use of the Catalog will be resolved in accordance with current legislation in Costa Rica, submitting to the jurisdiction and competence of the courts of Costa Rica, expressly waiving any other jurisdiction or venue that may apply under the law.
20. Free of Charge
PROCOMER shall not charge nor accept any type of payment, whether in cash or in kind, for joining the Catalog. Furthermore, it shall not charge nor receive any amount in money or in kind from the companies utilizing the Catalog.
21. Informed Consent
Having read and understood the terms and conditions of use of the Catalog, and being aware of the existence of a database stored by PROCOMER to support its operation and how that information will be treated, I hereby give my informed consent for my information to be used in the manner described in these terms and conditions of use, expressly accepting the limitations of liability and other conditions detailed above.