SPECIAL TERMS AND CONDITIONS MAIHUE GO
Below you will find the Special Terms and Conditions (or "Terms of Use") of the MaihueGO web Platform, the Maihue mobile application, and the electronic dispensing devices, which form a contract between B DE BUENO SPA, RUT No. 76.624.425-4 (hereinafter the "Company") and the user (hereinafter "you" or the "User").
In these Terms of Use, when we refer to the Company, we include by reference its owners, directors, administrators, investors, employees, or any natural or legal person related to it.
The company B de Bueno SpA is part of the holding company B BRANDS SPA, RUT No. 77.798.543-4, so these Terms of Use are an integral part of the General Terms and Conditions of the B BRANDS SPA company group, which you can find here: General Terms and Conditions. Therefore, by accepting these Terms of Use, you are also accepting the General Terms and Conditions described above.
In both documents you may see duplicated texts or sections, which we do to emphasize those points. All capitalized terms or words are terms or words defined in these same Terms of Use or in the General Terms and Conditions.
Service Description
The Company's main commercial activity is the sale and delivery of products and/or services through a set of technologies, including but not limited to a web platform, a mobile application, and a network of dispensing devices installed in different geographic locations.
The Services may be purchased independently or in subscription mode (monthly, quarterly, annual, or others), which is explained in detail on the Platform.
To receive the Service you must be registered on the Platform and therefore have a User Account.
For the reception of some of the Services, you accept that they may be subject to a service charge that the Company will inform in advance through the Platform.
The User acknowledges and accepts that the Services provided and made available on and through the Company are the exclusive property of the Company or its subsidiaries, as applicable.
At our sole and exclusive discretion, we may modify the availability, commercial offer, and characteristics of the Services, for which these Terms of Use will be updated if necessary. If you do not agree with the updated, revised, or modified terms, you must stop using the Platform to acquire the Services immediately.
Registered User Accounts
By registering as a Registered User on the Platform, you agree to provide us with truthful, correct, and up-to-date information; it is through it that we will try to contact you for any necessary circumstance. Your access key to the platform is secret and you are the person responsible for keeping its confidentiality.
The Account is personal, unique, and non-transferable. The sale, assignment, or transfer of the Account is prohibited and you accept that you will not use other people's accounts or help third parties gain access to them without our prior and express authorization.
Unauthorized use of the Account and the platform will result, at the Company's judgment, in the immediate suspension or closure of all Accounts involved.
The closure or termination of Accounts is not the only action that the Company can take as a consequence of the contravention or violation of what is indicated here, as well as in other sections of the Terms of Use, so the Company reserves the right to take any other action against the people involved.
The Company reserves the right to reject any registration request or to cancel a previously accepted Account, without being obliged to communicate or expose the reasons for its decision and without this generating any right to compensation or redress to said User.
Account Closure
Registered Users may terminate this agreement with the Company at any time and therefore close their Accounts whenever they deem convenient. In these cases, no refund of money will be made if Services had been paid for in advance.
The Company may, without prior notice, limit, suspend, or terminate the Service and Accounts, prohibit access to the Platform, its content, services, and tools, restrict or remove stored content, and take technical and legal actions to keep Registered Users off the Platform if it considers that they are infringing the Terms of Use.
The Company may, at its own discretion, suspend or close Accounts of Registered Users for any of the following reasons, which are indicated only as examples:
- If a Registered User attempts to access without authorization the Platform or another Registered User's Account, or providing help or assistance to others so that third parties do so;
- If a Registered User interferes with security aspects of the Platform that limit or protect any type of content;
- If a Registered User engages in conduct or acts that are malicious or fraudulent in the Company's judgment;
- If a Registered User breaches or contravenes the Terms of Use;
- If a Registered User does not pay or pays improperly for Services provided through the Platform; or
- If a Registered User causes operational difficulties on the Platform.
- If a user incorrectly manipulates, intervenes, or damages the Company's products and infrastructure intended to deliver the Services.
The suspension or closure of an Account will not affect the payment of service charges accrued and owed.
Payment and Billing
The Services have different plans and prices according to their characteristics and duration, which are duly informed on the Platform, prior to their contracting.
Prices are indicated in Chilean pesos but may be presented in other currencies to the extent that Services can be accessed and delivered from other countries.
Non-payment of Services in the agreed manner and terms will enable the Company to suspend the provision of Services until the User makes or regularizes the corresponding overdue payments. On the other hand, charges for unpaid services may be managed by any company in the B BRANDS SpA holding. The User declares to understand the above and hereby waives requesting any type of compensation for the suspension or termination of Services, whether during the delay in payment of Services or as a result of the termination of Services.
If you choose to purchase any of the plans, subscriptions, or paid services available in the Company, you will be asked for billing information, which includes, among others, your credit card number and billing address. You may be asked for additional information, such as, among others, the card security code or other information for billing or verification purposes.
The Company offers various forms of payment for services and may determine at its sole discretion which of its services cannot be paid with department store credit cards, prepaid cards, and/or checking accounts, which will be informed prior to contracting or payment.
The processing of such purchases, orders, and payments is carried out by different providers (the "Payment Provider"), whose terms and conditions we recommend reviewing. That is, your payment relationship through this Payment Provider is governed by the Terms and Conditions, and Privacy Policy of said provider.
At the time of your selection of the plan or service, you will pay the required amount to access said plan or service. For certain paid plans or services, you will be charged a single fixed fee, a recurring subscription fee, or others, as previously informed by the Company.
The price of the plan or plans, their names, the characteristics of each plan, may change at any time, but will not alter the Services already contracted for the contracted term.
The User authorizes the Company to use the registered payment method for the payment of other products or plans contracted with any company in the B BRANDS SpA holding, as well as to pay for services already rendered and not paid.
At the time of your purchase, you will be shown a breakdown of what you will be charged. You authorize the Payment Provider to charge your credit card the amount or amounts shown to you at the time of your purchase.
Renewal and Cancellation
If the Service you have chosen works through subscription, you authorize the chosen Payment Provider to charge the amount communicated to you each period established in said subscription until the requested cancellation, which can be done through the subscription management functionality of the platform. The cancellation will take effect the day after the last day of your current subscription period. We do not provide refunds or credits for any partial subscription period, unless expressly stated in these Terms of Use or in other terms or policies that may be found on the Platform.
Service Delivery
Services will be provided and/or delivered on and through the Platforms, which includes a network of dispensing devices installed and available in different geographic locations, which may vary over time according to the Company's needs.
Platform and Dispenser Availability
The Company does not guarantee continuous or uninterrupted access and use of the Platform. The system may eventually not be available due to technical difficulties or Internet failures, or for any other circumstance foreign or own to the Company; in such cases it will be sought to restore it with the greatest possible speed without being able to impute any type of responsibility for it. On the other hand, the availability of dispensers in different geographic locations is subject to technical and commercial conditions defined by the Company. The Company will do what is under its control and best interest to offer and expand a network of devices in different locations, however it cannot guarantee the permanence or availability of dispensing devices in a specific geographic location, due to operational, technical, and/or commercial factors.
You accept and agree that the Company is not responsible for any damage, harm, or loss to the Registered User caused by failures in the system, server, Internet, Platform, or changes in dispenser availability.
The Company will also not be responsible for any virus that could infect the Registered User's equipment as a consequence of access, use, or examination of the Platform or as a result of any transfer of data, files, images, texts, or audio contained therein. Users may NOT impute any responsibility or demand payment for lost profits or any damage, by virtue of damages resulting from technical difficulties or failures in the systems, Internet, or Platform (including dispensers).
The Company will not be responsible for any error or omission of content on the Platform.
Absence of Warranties
You expressly acknowledge and accept that:
- The use of the Platform is at your own risk. The Platform will be provided "as is" and/or "as available." Without prejudice to the fact that the Company tries to provide the best service it can, the Company, its directors, administrators, managers, employees, or representatives do not give any warranty, whether express or implied, including, but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
Furthermore, the Company, its directors, administrators, managers, employees, or representatives do not offer warranties that:
- The Platform and Company Services will meet your requirements or objectives;
- The Platform will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of the Platform or consumption of Services will be accurate or reliable;
- The quality of any Services you may purchase or obtain through the Platform will meet your expectations; and
- Any error contained in the Platform will be corrected.
- Any information or material downloaded or otherwise obtained through the Platform or Services will be accessed at your sole discretion and risk, and as such, you will be solely responsible and hereby waive any claim or action regarding any damage to your computer and/or internet access, download and/or viewing, or for any data loss that could result from downloading such information or material.
- No advice and/or information, whether written or oral, that you may obtain from the Company or through or through our Services will create any warranty not expressly stated in the Terms of Use.
Limitation of Liability
The Company is not responsible for any damage, loss of profits, loss of income, loss of business, loss of opportunities, loss of data, indirect or consequential, unless the loss has been caused by gross negligence or willful misconduct of the Company.
Without prejudice to the foregoing, the greatest responsibility that may fall to the Company under or in connection with the use of the Platform is limited to whichever is greater between:
- One hundred thousand Chilean pesos (CLP $100,000), and
- The amount you have paid to the Company within the last three (3) months.
Indemnification
The Registered User shall indemnify, hold harmless, and defend the Company, its subsidiaries, subsidiary and controlling companies, and their respective directors, managers, administrators, and employees, for any action, claim, or demand from other Registered Users or third parties for their activities on the Platform or for their own breach of the Terms of Use and other Policies that are understood to be incorporated into the Terms of Use or for violation of any laws or rights of third parties, including attorneys' fees in a reasonable amount.
Exclusions and Limitations
There are some jurisdictions that do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations in the sections on Absence of Warranties and Limitation of Liability may not apply in your case.
Miscellaneous
If we cannot deliver the Service described in these Terms of Use for reasons beyond our control, including but not limited to force majeure events or factors, regulatory changes, law changes, or sanctions, we are not responsible to Users regarding the Service offered under this agreement and for the period that such event or factor lasts.
Modifications to Terms of Use
The Company reserves the right to modify these Terms of Use at any time. The Company undertakes to make reasonable efforts to inform of changes in the Terms of Use, through the channels that the Company considers pertinent, but it is the ultimate responsibility of the User to periodically review the Terms of Use of the Platform.
If after the changes are made to the Terms of Use, Users continue to use and access the Platform, it means they accept such changes.
Information Privacy
To consume the Services offered by the Company, Registered Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain physical and technological security and protection standards. The data provided to consume the services is delivered to B de Bueno SPA and by its dependency also to B Brands SPA. Its use is subordinated to the holding's Privacy Policy. For more information about the privacy of Personal Data and cases in which personal information will be communicated, you can consult our Privacy Policies.
Severability
If any term or provision contained in these Terms of Use or its application to a person or circumstance is declared invalid or unenforceable, the rest of it, or the application of it to any person or circumstance, other than those with respect to which it is held as invalid, will not be affected thereby and will be valid and enforceable to the fullest extent permitted by Law, and the Company and you will agree to substitute that term or provision with other terms and provisions that, to the extent permitted by law, allow the parties to obtain the benefit of the term or provision so held as invalid or unenforceable.
Jurisdiction
These Terms of Use are governed by the Law of Chile and the parties submit to the ordinary courts of justice of the commune and city of Santiago.
Contact
If you have any questions, complaints, comments, or suggestions regarding these Terms of Use, your rights and obligations arising from these Terms of Use and/or the use of the Platform and its Services, your Account, please contact us at contacto@maihuego.com.