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Terms of Services

The following terms and conditions (the “Terms of Service”) apply and continue to apply after the first use of the services offered on Gosocket.net (the “Gosocket Platform” or simply “Gosocket”). Please read the terms of service and make sure that you understand them without any problem. By using the services (as defined in Section 1 listed below), you agree to the Terms of Service. If you disagree with any of the Terms of Service, please refrain from using the services available on our platform.

Parties

The service is managed Gosocket (“Gosocket”, “we”, “us”). Our Gosocket Platform is an innovative application that offers certain platforms and computer technologies in order to create a business network and promote the exchange of business documents between customers.

Gosocket allows issuers of electronic documents, especially electronic invoices, to effectively deliver these documents to its customers, and is especially useful when they are small businesses. The basic publication and delivery of electronic documents have no cost for issuers or for the recipients and are based on advanced technological mechanisms that ensure access to information only by their respective owners, primarily through the use digital certificates as the authentication mechanism. The electronic billers can automatically invite their customers to begin receiving their documents through Gosocket, with also centralizes electronic documents from your other providers. This is of great value to businesses. Once inside the network, companies can manually invite clients and/or suppliers to integrate well, with the aim of facilitating their relationship.

Gosocket Platform allows you to quickly and efficiently connect to businesses through the exchange of your tax and/or commercial documents, which have proven to be the best “connectors” between companies and excellent “catalysts” of derivative businesses, a product of the use of them in the context of their own business processes that companies need to take to complete their tax and commercial operations. Thus, Gosocket transforms your corporate network into a real community, which enables a number of features and services that allow you to realize many of the broken promises of the electronic invoice. (Go-Cash, e-Payments, Invoice-AD, to name a few). Gosocket will feature many solutions to meet the demands of the community. Some are proprietary, but others will be developed by an ecosystem of Gosocket Developer Partners and integrated through its development framework, specially designed for this integration of third party applications. By using the services (as defined in Section 1 listed below) on behalf of a company or other legal entity (“you”, “your”), you represent that you have the authority to bind such entity and its affiliates to comply with the terms of service. You represent that you use the service for business purposes, and not as an individual or consumer.

Resolved that:

Interpretation

1. Interpretation

1. The definitions and rules of interpretation in this clause apply to the Terms of Service. Refers to those employees, agents and independent contractors who have any kind of relationship with you and to whom you give consent to use of the Services and Documentation. There are multiple Authorized users involved in Gosocket, but in order to define the different levels of responsibility for the legitimacy of the information made available on the platform, we can define several categories, including:

Authorized Users

Primary User: A natural (physical) person demonstrating, through a Certificate of Validity of Powers, issued by the competent authority with a date not exceeding 30 days prior, or stating by a computer validation procedure by a national body recognized to do so that he or she is the person entitled to represent his or her company with the Tax Entity, subscribe to use the Service of Gosocket, the grant access to other users to use the Service and manage electronic documents, derivatives and Electronic Invoices(s) thereof.
Designated User or Administrator: A natural (physical) person, authorized by the primary user to manage all the functionality that the service provides, create and invite new users, assign permissions to features and any other administrative activity on the Service in the context of the company(s) in which he or she is designated.
Related User or guest: A natural (physical) person authorized by the primary user or designated to make use of the functionality of the service in the context of the company(s) in which he or she is assigned, providing or using electronic documents or electronic invoices, ensuring the legitimacy of the data.

Customer Data

Data are included about invoices or other information that you or Authorized Users have provided, or that we have made on their behalf, in order to use or provide services using them.

Documentation

These online documents provided by us through the Gosocket Platform or through any other website that we can notify you of, and contain a description of the Services and the operating instructions for the user.

Electronic Exchange

The EDI is the electronic transfer of commercial, tax, logistics, payment, administrative, etc. information using computers and an agreed on standard.

Electronic Documents

An electronic document is a structured file using an agreed on standard (for XML through TAG, EDI through Segments, other), which has been prepared in a format readable by a computer and can be processed automatically and unequivocally.

Electronic Invoice

An Electronic Invoice (or E-Invoice) is a structured file using an agreed on standard (for XML through TAG, EDI through Segments, other), which has been prepared in a format readable by a computer and can be processed automatically and unequivocally for the framing of the message of the Electronic Invoice according to the legal guidelines of each one of the countries that have defined Electronic Invoice under XML or other standard.

Services

Refers to the services described in Clause 3.1 of the Terms of Service.

Standard

A set of standards, directories and guidelines for legal or internationally agreed on for the structured exchange of information and in particular, the exchange of information on goods and services between independent computer systems.

Apps or Gadgets

These are software applications online that we offer as part of the Services.

Virus

It refers to an object or device (including any software, code or file) that can: interfere, impair, or in any way adversely affect the operation of a computer program, computer or network, telecommunications service, equipment or network or any other service or device, interfere, impair, or in any way adversely affect access to or the operation of a program or data set, or affect the reliability of any program or data (through restructuring, alteration or removal of the program or information in whole or in part or in any form) or adversely affect the use made by the user, through worms, trojans, viruses and other objects or devices.

The Law

Refers to the applicable Data Protection Act refers to the Law of Private Life Protection and Processing of Personal Data in the Republic of Chile (Law 19628, Protection of privacy, enacted on 08.18.1999, and published on 28/08/1999. This Act has been amended by Law 20575, which establishes the principle of finality in the processing of personal data, adopted on 14-02-2012, and published on 17-02-2012.)

2. The headings of clauses, programs and paragraphs do not affect the interpretation of the terms of service.
3. The term “person” means an individual, corporation or non-corporate entity (which may or may not have a separate legal personality) and legal and personal representatives, successors or authorized assignees of the person in question.
4. A reference to a company includes any company, corporation or corporate entity, regardless of the place and manner in which it has been incorporated or established.
5. Words using the singular include the plural and vice versa.
6. A reference to a gender includes reference to other gender.
7. A reference to a statute or a statutory provision is a reference to these because they are in effect at the time, taking account of any amendment, extension or re-approval thereof. It also includes any subordinate legislation that was enacted during the term thereof.
8. A reference to “writing” or “written” includes fax and email.
9. Any reference to clauses or annexes refers to clauses or annexes of the Terms of Service. Also, any reference to paragraphs refer to paragraphs of the relevant annex of the Terms of Service.

Use of Service

2. Use of Service

1. In accordance with its compliance with the terms and conditions contained in the Terms of Service, we hereby grant you the non-exclusive, non-transferable use of the Service only to be used for your internal management.
2. You shall not, and shall not allow authorized users to access, store, distribute or transmit any virus or any material during use of the Services which:
  • Is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or offensive to different races or ethnicities;
  • Promotes any illegal action;
  • Includes sexually explicit images;
  • Promotes unlawful violence;
  • Is discriminatory with respect to race, sex, color, religion, sexual orientation, disability or any other action regarded as illegal, or
  • Causes damage or injury to any person or property.

3. You shall not, and shall not permit Authorized Users:

  • Unless permitted by an applicable law that cannot be waived under the agreement between the two parties:
  • and unless the terms of service explicitly permits to attempt to copy, modify, duplicate, create derivative works from, frame, republish, download, display, transmit or distribute all or part of the computer program in any manner or form or by any medium, or
  • attempt to disassemble, reverse engineer or in any way, reduce to a format perceptible by people all or part of the software or
  • Access to all or part of the Services in order to create a product or service that competes with the Services,
  • Use the Services to provide services to third parties, except where explicitly indicated on the Gosocket Platform, or
  • Authorize, sell, rent, lease, transfer, assign, distribute, display, disclose or in any way commercially exploit or make the Services available to third parties, except for you and authorized users, or
  • Attempt to obtain, or offer assistance to others to obtain access to the Services and/or Documentation other than those listed in Clause 2.

4. You should do everything possible, within reason, to avoid any unauthorized access or use of the Services and, if such access or unauthorized use occurs, you must notify us immediately.
5. We reserve the right, and we disclaim any liability, to disable, suspend or terminate your access to the Services, the platform, your account or any other material, if you violate any provisions of the Terms of Service.

Services

3. Services

1. In accordance with its compliance with the terms of service, we will offer access to the following services:
  • The computer program(s) via the Gosocket Platform;
  • The network or business community and electronic business documents, including the e-invoicing system and other tools and services offered by Gosocket or our application programming interface ( “API” ) which can be accessed through our Platform;
  • All software, data, text, images, sounds, videos and content available via our Platform, or developed through our API (the “Content”);
  • Gadgets or other applications developed by ourselves or by third parties, which can be accessed through Gosocket App Marketplace (“Additional Services”); and
  • Any new feature that has been added to the Service or expands it.

2. You agree that your use of the services mentioned above may have a cost (for example, additional services) if such services are advertised in the Platform and Services with additional costs (the “paid services”). These costs are applied in accordance with Clause 9.
3. We will endeavor to post on the platform or notify you directly of any required period of inactivity of the Services, and we will do everything possible to send an email to inform you prior to suspending or canceling the account you own on Gosocket.

Terms of use Gocash

4. Terms of use Gocash

1. About the service: Go-Cash is the Service that functionally and technically makes electronic factoring viable by allowing the entire business ecosystem and its actors (Assignor, Assignee/Factor, Debtor, REC-Electronic Registration Transfer) to functionally and seamlessly participate in it.
2. Scope of service: For him Originator the GoCash service allows electronic credit transfers (AEC) of electronic tax documents (DTE) via the Web, for all those mails that require issuers. The service is functional GoCash generate AEC (individually or in bulk), according to legal guidelines in force, enhancing user functionality in the face Assignor and Assignee your business by enabling manage simple, secure and efficient their assignments synchronously credit to the legal framework of Law No. 19.983, published in the Official Gazette on December 15, 2004, as amended by Article 5 of the Law No. 20.219, published in the Official Gazette on October 3 2007, and all Resolutions and Circulars in this regard.
3. Terms of service:
  • GoCash, may be used as a tool to download, validate, quote, offer, generate, signed, acceptance, transfer and send credit assignments between participants in the electronic factoring model; any other use, including exchange, modification, distribution or transmission without the express permission of Gosocket or its representative, is strictly prohibited.
  • Use of the Service is intended exclusively for adults who have authorization from their corporations, partnerships, individuals with start-ups and legal representation that have digital certificates and corresponding powers to perform any of the actions that the service enables.
  • Gosocket or its representative assumes no responsibility for the access of persons who do not meet the definition of User or who break any law, rule or regulation applicable to the Electronic Credit Transfers model.
  • Gosocket or its representative may restrict or deny access to anyone who does not meet the above mentioned requirements.
Terms of use Electronic Billing and other Documents exchange Business

5. Terms of use Electronic Billing and other Documents exchange Business

1. Messages:
  • You agree to the following terms, as described in Section 4 (the “Terms”). The Terms apply between you and other users of Gosocket at the time you accept or invite a user to make a network connection (you and the user in question are renamed “Party”, as applicable), and between Gosocket, where exposed. The Terms apply to and between the Parties as appropriate for the use of the Services. If you send an invoice or other message to a user that is not connected in Gosocket, these terms do not apply.
  • The Parties agree to issue and receive invoices and/or other business documents using XML message through Gosocket and in accordance with the technical and functional conditions of the platform, published by Gosocket periodically, and including any modifications made, of which Gosocket will inform the Party or Parties. In the case of electronic invoicing, non-electronic receiver must notify the issuer to consent to receive the invoice in electronic form, along with receiving the invoice data through Gosocket.

2. Consistency with national legislation: Each Party shall ensure that the use of Gosocket for the exchange of messages is not inconsistent with the laws of their respective countries, whose implementation could restrict the use of Gosocket or content of a message. In addition, the Parties shall take all appropriate measures to promptly inform the other party of such breach. Gosocket states and guarantees that the use of these terms implies that the sent and received invoices are properly issued and validated with and by the relevant tax authorities in all countries where such validations exist.
3. Admissibility as evidence of the Messages: To the extent permitted by national law applicable in each case, the parties hereby agree that in the event that a dispute occurs, message records obtained by Gosocket itself, can be accepted in court and constitute proof of the facts in this regard, unless evidence to the contrary is brought forward.
4. Obligations of the Parties: The Parties agree to implement and maintain security procedures and measures in order to ensure the integrity of your access to the platform and your Gosocket account and thereby avoid any risk of unauthorized access, alteration, delay, destruction or loss.
5. Notice:

  • The Parties shall ensure that messages containing confidential information reported by the issuer or by the two parties are kept confidential and not disclosed or transmitted to any unauthorized individual or used for purposes other than those specified by the parts.
  • If approved, the transmission of such confidential information shall be subject to the same degree of confidentiality.

6. Public domain: The information contained in the messages are not treated as confidential to the extent that such information is public domain.
7. Privacy:

  • If the messages, including personal information, is sent or received in countries where there is no law existing for data protection, each party shall accept, as a minimum standard, the provisions set out in Clause 4.5.
  • The data provided by the different levels of users will only be used for purposes for which it was supplied unless it originates from public sources (public or low risk data) which could be the Company Tax ID, name and contact information.
  • The reserved or medium risk data that may be involved in connection with the electronic invoice provided, shall be subject to the guarantee of being accessible only to the sender and/recipient thereof.
  • Gosocket does not disclose user data to third parties, unless the owner so indicates or when obligated by law. If third parties contact us requesting user data, we will indicate that they should request it directly from the user. To this end, we may provide them with your basic contact information. If we felt forced to reveal the user data to third parties, we would employ all commercially reasonable efforts to notify you in advance, unless the law prevents us from so doing.
  • Gosocket is committed to protecting the security of user data. We maintain appropriate technical and organizational measures to provide and enable security of the Services. This includes several security technologies and procedures to help protect your information against unauthorized access, use or disclosure.

8. Data Storage:

  • Each party shall safely keep a complete and chronological register, without modification, of all the messages that have been exchanged between the parties over a commercial transaction, in accordance with the time limits and specifications set by legal requirements of its own national law, and in any case, for a minimum period of three years after completion of the transaction. This information will be stored by Gosocket (or our contractors) under the legal limits of their own national legislation or to the end of the relationship with Gosocket, in which case you must explicitly request removal of the data and/or delivery to owner of such information.
  • Unless national law otherwise states, the messages must be stored by the sender in the format in which they were transmitted and the receiver, in the format in which they were received.
  • The Parties shall ensure that electronic or computer records of the messages are easily accessible and can be displayed in a format readable by humans, or printed, if necessary.

9. Waiver of Liability: Neither Party shall be liable for any special, indirect or consequential damages caused by failure to fulfill the obligations specified in the Terms, or related to them.
10. Higher Powers: The Parties shall not be liable for any loss or damage suffered by the other party, caused by a delay or an error in the fulfillment of the provisions contained in these Terms, provided that such delay or failure is caused by an impairment that is beyond the control of the party in question and, on reasonable grounds, could not have been taken into account at the time of signing the Terms, or whose consequences have been avoided or overcome.
11. Modifications:

  • The Terms may be updated occasionally with comments from users or for improvements in our services. If there are material changes to these Terms or to how Gosocket may use your data, we will notify you by posting a notice before implementing the change, or we will send you a notification directly.
  • When necessary, the Parties may accept additional or alternative terms, provided that they are agreed on in writing by the Parties and do not conflict with the exchange of messages through Gosocket.
  • We encourage you to periodically review this Statement to be informed of how Gosocket is protecting your information.

12. Termination:

  • Either party has the right to end the relationship governed by the terms with the other Party provided that prior notice of this decision is given to the other party. The end of the relationship governed by the Terms only affect transactions from that date.
  • The application of the Terms will terminate immediately after the termination of these Terms of Service, previously in force between Gosocket and each of the Parties.
  • If, for any reason, such termination occurs, the rights and obligations of the Parties shall remain in effect in relation to any problems that have arisen prior to termination and any obligations which, by their nature, continue in force after such termination, including, without limitation, the provisions of Clause 4, which, by their nature, remain in effect beyond the period covered by the Terms.
Data and Privacy

6. Data and Privacy

1. You will own all rights, ownership and interest in the Customer Data and shall be fully responsible for the legality, reliability, completeness, accuracy and quality of them.
2. We will take responsibility for the storage of customer data until you delete your profile. Please note that if Customer Data is information, as indicated in Clause 4, we are forced, under the Terms, to retain the data for three years from the date on which the transaction occurred. You may also be obliged to keep invoices (in electronic or paper format) under the laws or local regulations.
3. In case of cancellation or termination of the Services, all customer data will be deleted from our records, for which we provide the latest backup Customer Data. Please contact us within the first 10 working days from the date of cancellation or termination, and in accordance with its compliance with the terms of service, we will do our best to give you (at your expense and with advance payment) such data as soon as reasonably possible.
4. You must all reasonable costs we incur with respect to disposal of your customer data in a way that does not correspond to our standard practices deleting data.
5. When setting up your profile in our Gosocket Platform, the profile information and the information provided about your company, including, but not limited to, the name of your company, its description, company IDs, tax IDs, address information for your company, and country information, the default settings will make this information publicly available through Gosocket. Therefore all Gosocket users may view your profile and contact you or (in case you have agreed to the exchange of business documents such as invoices with that user) send an invoice or any other business document through the Site. If you do not want your profile to be public, once logged into Gosocket, access MyNetwork and change the privacy settings for your profile.
6. You agree that the technical procedures and transmission of the Services and Customer Data may include (a) transmissions over various networks; (b) changes in order to adapt to the technical conditions of connection networks or devices and (c) transmission to our suppliers and our hosting provider companies in order to provide the hardware, software, networking, storage and other related technology required to deliver and maintain the Services.
7. At the time of offering our Services, we will act in accordance with our privacy policy regarding the privacy and security of customer data available on the Gosocket website or any other website we indicate, for which we will occasionally notify you, as said document may be amended from time to time at our discretion.
8. If we process any personal information on your behalf to provide to the Services in accordance with the terms of service, the parties state that you will be the party that controls the data and we will act as data processors, and that in any case:
  • You agree that your personal information may be transferred or stored outside the country in which we and/or Authorized Users are located to perform the Services in accordance with the terms of service;
  • In the case of users located in Chile, you acknowledge and agree that your personal information may be transferred or stored outside of Chile in order to carry out the Services in accordance with the terms of service;
  • You should ensure that you are authorized to transfer relevant personal information to us so that we can process and transfer it legally in your name, according to the terms of service;
  • You must ensure that you have informed the relevant third party and that they have given their approval for such use, processing and transfer of information, in accordance with the applicable data protection law;
  • We will process your personal information only in accordance with the terms contained in the Terms of Service, and in accordance with any legitimate instruction you can reasonably give us from time to time; and
  • Each party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of personal information, or loss, destruction or accidental damage.

9. We commit to the following:

  • There will be no change in the substance of a message when we deliver it; and
  • Messages should not be disclosed to any unauthorized person.

10. We may collect information about your general use of the internet using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard disk. They help us to improve our site and deliver a better and more personalized service, such as retaining your login details. Some of the cookies we use are essential for the operation of the Site. By registering at our Site, you agree that use cookies.

Party Providers

7. Party Providers

1. 1. You agree that the Services may allow or help you to access the contents of third party websites, to keep up a correspondence with them and buy their products and services through third party websites and you do so at your own risk . We take no responsibility or obligation and we are not responsible, nor have any obligation regarding the content or use of a third party website nor correspondence with them, or any completed transaction, or any contract you sign with a third party. A contract is signed and all transactions made through a third party website are between you and that third party in question, and not between you and us. We recommend you check the terms and conditions of that third party web site and its privacy policy before using the website in question. We do not support or endorse the website to any third party or web site content of a third party that are available through the Services.
Disclaimer of Warranties

8. Disclaimer of Warranties

1. The Services and all components of the server and network, are provided “as is” and “based on availability”, without warranty of any kind, to the extent permitted by law. We also disclaim responsibility for all warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose and any warranty of non-infringement.
2. We do not guarantee that your use of the Services will be uninterrupted and absent of viruses or bugs, nor do we guarantee that the Services, Documentation and/or information obtained by you through the Services will meet your requirements. We are not responsible for any delay, failure in providing the service or any other loss or damage as a result of the transfer of information through communication networks and services, including the internet, and you agree that the Services and Documentation may be subject to certain limitations, delays and other problems inherent in the use of these communication services.
3. The Terms of Service shall not prevent us from reaching similar agreements with third parties, or developing, using, independently selling or authorizing documents, products and/or services similar to those offered under the Terms of Service.
Your Obligations

9. Your Obligations

1. You will:
  • Comply with all laws and regulations regarding your activities in accordance with the Terms of Service; and
  • Ensure that authorized users use the Services and the Documentation in accordance with the Terms of Service.
Fees and Payments

10. Fees and Payments

1. Currently, some of the services are offered free of charge and, therefore, you will not be charged for the use of these services. We reserve the right to charge a fee for any part of the Services for which we later decide to charge a fee, as long as you have been previously informed of reasonable rates and you continue to use that feature of the Services in question.
2. You may also have to pay a sum of money for additional services, according to the terms stated in this clause and on our Site. If you wish to use a service which is not free, see our website for more information on the payment of the additional service in question (the “Subscription Price”) and the subscription period (“Subscription Period”). Some of the additional services can be provided by outside companies and the provision of such additional services may be subject to additional terms.
3. To purchase additional paid services (“Paid Services”), you must provide your valid, complete and up-to-date credit card information and other valid, complete and updated contact and invoicing relevant information, and you hereby authorize us to bill the credit card:
  • On the date or as soon as possible after the date on which you requested the paid service (the “Effective Date”) for the subscription fee to be paid with respect to the initial period of paid service (“Initial Subscription Period”); and
  • In accordance with your right to terminate the use of additional services at the end of each subscription period, the subscription fee should be paid over the next subscription period.

4. If we have not received payment within 30 days after the due date, without prejudice to our other rights and remedies:

  • We reserve the right, and we disclaim any liability, to deactivate your password, account and access to all or any of the Services, and we are not required to pay any of the Services as you have not paid the amount of the invoice(s) in question; and
  • You will accrue interest on the amount payable at an annual rate of 3% above the then current base lending interest declared by the Chilean Central Bank on the date of issue of the relevant invoice from the due date until it is paid in full, either before or after the statement.

5. All amounts and fees to which reference is made in this Agreement:

  • Must be paid in the currency indicated on the Gosocket Site;
  • Are not subject to cancellation or refund;
  • Do not include value added tax, which we will add to our invoice(s) with the appropriate fee.

6. We have the right to increase the subscription fee, as long as we tell you about it 30 in advance.

Intellectual Property Rights

11. Intellectual Property Rights

1. You agree that GOSOCKET is the owner of all intellectual property rights of the Software and Documentation. Unless otherwise specified, these Terms of Service do not grant any rights in relation to patents, copyrights, trade secrets, trade names, trademarks (registered or not) or any other right or license with respect to the Software and Documentation.
2. You grant us free, non-exclusive worldwide authorization to use, make available, reproduce, modify, publish, edit, translate, distribute, perform, display and sublicense through multiple levels of joint holders, the materials and content provided by this Agreement and any other intellectual property law we deem necessary and/or desirable in providing the services through the Site and/or any other form, medium or technology, long enough to allow us to perform our obligations under this Agreement. You also agree that we can use your company name and/or logo in our marketing or publicity material as an example of a current user of the Site, unless you do not agree in which case you will notify us by modifying the configuration in your profile or by sending an email to the following email address: legal@gosocket.net
Limitation of Liability

12. Limitation of Liability

1. Clause 11 describes all of our financial liabilities (including responsibility for our behavior and errors or omissions of our employees, agents and subcontractors) towards you with respect to:
  • Any breach in the terms of service;
  • Any use by you of the Services and the Documentation or any part thereof; and
  • Any representation, statement, grievance or omission (including any negligence) arising from or relating to the Terms of Service.

2. You assume full responsibility for the results obtained from the use of the Services and the Documentation by you or by your Authorized Users, and the conclusions drawn from such use. We disclaim all responsibility for any damage caused by errors or omissions in any information, instructions or guidelines you have provided to us relating to the Services, or any action that we take based on your instructions.
3. Nothing described in the Terms of Service relieve us of our responsibility for:

  • 1. Death or personal injury caused by our negligence, or
  • 2. Fraud or fraudulent misrepresentation.

4. In accordance with Clause 11.3:

  • We are not liable in contract, grievance (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise for any loss of profits, loss of turnover, loss of customers and/or similar losses or loss or corruption of data or information, or pure economic loss, or any exceptional loss, indirect or consequential damages, costs, damages, charges or expenses, according to the terms of service;
  • Our aggregate liability in contract, grievance (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with compliance or compliance pursuant to this Agreement, shall be limited to the total subscription fees paid during the 12 months immediately preceding the date of the claim.
Higher Powers

13. Higher Powers

1. We disclaim all responsibility, in accordance with the terms of service, if we are prevented from fulfilling our obligations under the Terms of Service, or if we are prevented from performing our business activities, through actions, contingencies, omissions or accidents that are beyond our control, including but not limited to, strikes, closure of facilities or other industrial disputes (involving labor or any other party), failure of public utilities or transport or network telecommunications, God, war, earthquakes, terrorist acts, riots, social upheaval, malicious damage, compliance with a law, mandate, order or governmental regulation, accident, breakdown of industrial machinery, fire, flood, storm or error on the part of suppliers or subcontractors.
Termination

14. Termination

1. You are responsible for canceling your account on our site. The account owner (as defined in the registration procedure) can cancel at any time via the site control panel.
2. We reserve the right to terminate your account, as described in Section 2.5.
3. If, for any reason, the Terms of Service are terminated:
  • All licenses granted pursuant to the terms of service will be canceled immediately;
  • We reserve the right to destroy or otherwise remove any Customer Data that is in our power, in accordance with the provisions of Section 5; and
  • The rights acquired by the parties prior to termination or during the continuation after termination of any provision which had established its continuity or any provision of implied continuity, shall not be affected or impaired.
Disclaimer

15. Disclaimer

1. The waiver of a right under the terms of service becomes effective only if presented in writing and applies only to the part to whom the waiver is addressed and the circumstances for which it is granted. Unless otherwise specified, those rights granted in accordance with the terms of service are cumulative and not exclusive of the rights granted by law.
Eesc

16. Eesc

1. If any provision (or part thereof) provided in the Terms of Service is held invalid, unenforceable or illegal by a court or administrative body of competent jurisdiction, the remaining provisions shall remain in force.
2. If an invalid, unenforceable or illegal part becomes valid, enforceable or legal upon omitting a part thereof, it shall apply with necessary modifications to enforce the commercial intent of the parties.
Total Agreement

17. Total Agreement

1. The Terms of Service, and any document which is referenced therein, constitute the entire agreement between the parties and supersede any prior agreement or understanding between the two with regard to content they cover.
2. Each party acknowledges that by accepting the terms of service not to trust any compliance, promise, assurance, statement, representation or understanding (written or otherwise) from any person (whether or not the party is involved in the terms of service) related to the content of the Terms of Service and that is not specified in the Terms of Service.
Notices

18. Notices

1. Any notice to be issued under this agreement shall be in writing and sent through the Site, delivered in person or sent by first class mail with prepaid postage to the registered office of the other party.
2. A notice delivered in person shall be regarded as received at the time of delivery (or if delivery is made outside of office hours, at 9:00 am the next business day). A notice sent to the correct address by first class post or by prepaid mail shall be considered received at the time that would have been delivered under the normal operation of the mail service. A notice sent through the Site shall be considered as received at the time of transmission.
Functions

19. Functions

1. You are not allowed to assign, transfer, charge, subcontract or deal in any way with all or any of the rights or obligations described in the Terms of Service.
2. We reserve the right to assign, transfer, charge, subcontract or deal in any way with all or any of the rights or obligations described in the Terms of Service.
Absence of Company or Agency

20. Ausencia de una Sociedad o Agencia

1. None of the items described in the Terms of Service have the objective or function to create a partnership between the parties nor authorizes the parties to act as mutual agents, and neither party shall have the authority to act on behalf of the other or to compel the other party in any way (including but not limited to any representation or warranty, the assumption of an obligation or liability and the exercise of any right or power).
Third Party Rights

21. Derechos de Terceros

1. Except as indicated in Clause 4, the terms of service do not confer any rights to any person or party (with the exception of those involved in the Terms of Service and Terms and, if applicable, its successors or authorized assignees).
Conflict

22. Conflict

1. If there is any inconsistency between a provision of the Terms of Service and the Terms, the provisions of the Terms will prevail.
Law and Jurisdiction

23. Law and Jurisdiction

1. Without prejudice to any mandatory national law to be applied to the parties as the registration and storage of messages or confidentiality and protection of personal information, the terms of service (including the Terms) and any dispute or claim related to described therein (including non-contractual disputes or claims) shall be governed by and construed in accordance with the applicable laws of Chile.
2. The parties irrevocably agree that the courts of Chile will have exclusive jurisdiction to settle any dispute or claim that may arise in relation to the terms of service (including the Terms) or as described in the same (including non-contractual disputes or claims).

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