GENERAL TERMS AND CONDITIONS
Below you will find the Terms and Conditions (or "Terms of Use") of the web platforms or mobile applications (the "Platforms") of the group of companies under the holding company B BRANDS SPA, RUT No. 77.798.543-4 (hereinafter the "Company"), which form a contract between the Company and the user (hereinafter "you" or the "User").
Specifically, these Terms of Use apply to the products and services offered through Maihue, MaihueGO, and other platforms that may be incorporated subsequently.
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.
Acceptance of Terms of Use
By using or browsing the Platforms, registering with a user account (the "Account"), or by purchasing or using any of the products and services that the Company may make available to the User on the Platforms and through different channels, you are accepting and therefore you agree to comply with these Terms of Use.
Therefore, before taking any action on or through the Platforms, you must carefully read all the Terms of Use, and if you do not agree, you must refrain from continuing to use them.
That is, by opening an account on the Platforms and becoming a Registered User (the "Registered User"), you are expressly guaranteeing that:
- You accept and are bound by these Terms of Use, which are binding;
- You have all the capacities to accept and be bound by the Terms of Use.
Age and Eligibility Requirements
To use the Platforms and access the Products or Services you must:
- Be at least 14 years old (or the equivalent minimum age in your country); and
- Have the consent of a parent, mother, or guardian if you are under 14 years old or if you are a minor in your country.
If you do not meet these minimum age requirements, you will not be able to register as a Registered User on the Platform.
Platform Description
The Platforms correspond to web platforms or mobile applications intended to offer products and services developed by different companies of B BRANDS SpA (the "Service" or "Services"), through different online digital platforms (each as a "Platform"), according to the different needs or tastes of the User.
Each Service has specific Terms and Conditions, which are understood to form part of these Terms of Use, and address the details of each of these Services that may not be applicable to all.
The Services may be purchased and/or contracted independently or in subscription mode (monthly, quarterly, annual, or others), which is explained in detail on each Platform, as well as in their special Terms and Conditions.
To receive the Service you must be registered on the Platforms and therefore have a User Account.
For the reception of some of the Services, you accept that they may be subject to a charge that the Company will inform you in advance through the respective Platform.
Without prejudice to the fact that the Platform and Services are oriented for Registered Users of the Republic of Chile, Users from other countries may access them to the extent that the Company has a presence in them, which will be duly informed on the Platforms. In this latter case, it is your responsibility to respect the regulations and laws of the country where you reside, or the country from which you are accessing the Company's Platforms and Services. To that extent, the User may not use the Company's Platforms and/or Services to directly or indirectly violate any provision of the applicable legal system.
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. We may offer the Services or other access in additional mobile applications, which may be available on various social networking sites and on many other downloadable platforms and programs.
At our sole and exclusive discretion, we may offer additional services and products, or we may update, modify, or revise any current content and services. If we do so, these Terms of Use will apply to each and every additional service and/or product, and to each and every updated, modified, or revised service, unless otherwise stipulated. Hereafter, we reserve the right to cancel and stop offering any of the aforementioned services and/or products at our discretion. You, as a Registered User, acknowledge, accept, and agree that we will have no responsibility for such updates, modifications, revisions, suspensions, or interruptions of any of our Services. Continued use of the Services provided, after the publication of any update, change, and/or modification, will constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of these Terms of Use, and each and every applicable term must be reviewed by you to ensure that you know all the terms and policies currently in effect. If you do not agree with the updated, revised, or modified terms, you must stop using the Services provided immediately.
Registered User Accounts
By registering as a Registered User on the Platforms, you agree to provide us with truthful, correct, and up-to-date information. Any change in this information is your responsibility and therefore we ask you to update it in case of any change and from time to time, since it is through it that we will try to contact you for any necessary circumstance. Likewise, when registering as a Registered User, you must choose a secret access key to it, password, being you the only one in charge of keeping its confidentiality, and therefore responsible for the information and use of your Account.
The Account is personal, unique, and non-transferable. Therefore, you accept that the sale, assignment, or transfer of the Account is prohibited.
Notwithstanding that the Company has strict security controls on the Platforms, the User declares that they will not use other people's accounts or help third parties gain access to them without our prior and express authorization.
Unauthorized use of other Accounts that are not your own, will result, in the Company's judgment, in the immediate suspension or closure of all Accounts involved. Any attempt to do the above or to assist third parties (Registered Users or not) in the unauthorized use of Accounts, whether by distributing instructions to that effect, software, or tools for such purpose, will result, in the Company's judgment, in the immediate closure of the respective Accounts. 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 when they deem it convenient. However, as a general rule, in these cases no money will be refunded if Services had been paid for in advance, unless something contrary or different has been established on one of the Platforms.
Likewise, you accept and agree that the Company may, without prior notice, limit, suspend, or terminate the Service and Accounts, prohibit access to the Platforms, their content, services, and tools, restrict or remove stored content, and take technical and legal actions to keep Registered Users off the Platforms if it considers that they are infringing the Terms of Use.
The Company could, at its own discretion, suspend or close Accounts of Registered Users and revoke contracts, for any of the following reasons, which are indicated only as examples:
- If a Registered User attempts to access without authorization the Platforms 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 Platforms 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 or Special Terms and Conditions;
- 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 Platforms.
- 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 respective 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.
The contracting of Services may authorize the Company or its subsidiaries to obtain at our discretion, validation and commercial reports of the client and/or Registered User, as well as the publication of information thereof, in commercial Bulletins in case of debt for non-payment of Services, which will be duly expressed on the respective Platform and Special Terms and Conditions.
In case of subscription mode Services, 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. As a general rule, from the third month of suspension, the Company may terminate the Services without the need for judicial declaration, with the sole sending of an email to the Registered User in this regard. Charges for services rendered and not paid may be managed by the Company or any other related company. NOTWITHSTANDING THE FOREGOING, THE COMPANY RESERVES THE RIGHT TO RETAIN AND/OR DEMAND PAYMENT OF THE ENTIRE PERIOD CONTRACTED BY THE USER AND TO DEMAND THE RETURN OF EQUIPMENT DELIVERED TO THE CLIENT IN RENTAL MODE IF APPLICABLE, EVEN WHEN THE PROVISION OF SERVICES HAS BEEN TERMINATED BEFORE THE PERIOD FOR WHICH IT WAS CONTRACTED, provided that it has been informed at the time of contracting the Service. 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 on the Platforms 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 debit or 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. When the platform allows it, customers may enter the numbers, billing address, and security code of additional cards, in which case if payment cannot be processed on one of the cards, you authorize us to immediately charge another registered card.
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. For more information about accepted payment methods, please consult the respective Platform.
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 Service selection, you will pay the required amount to access said Service. For certain Services, you may be charged a single fixed fee, a recurring subscription fee, or others, as previously informed by the Company on the respective Platform.
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.
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 any of your registered payment methods (bank card or credit card) the amount or amounts shown to you at the time of your purchase. 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 by sending an email to contacto@maihuego.com
The User authorizes the Company to use the payment method registered in other related companies (MaihueGO, Maihue, and others) for charging services contracted on any of the Company's or its subsidiaries' Platforms.
If you choose to participate in a third-party external service through Company references, billing for that third-party service will be handled exclusively between you and the service, without additional Company participation.
Renewal and Cancellation
If you are subscribed to the Services offered on the Platform, your payment to the Company will automatically renew at the end of the corresponding subscription period, unless you cancel your paid subscription before the current subscription period ends, except in the case of prepaid period paid subscriptions. 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 Platforms.
Service Delivery
Services will be sent to the address provided at the time of purchase. Delivery times may vary depending on location and Service availability. The Company is not responsible for delivery delays caused by third parties.
Returns and Refunds
Each Platform will have special provisions in this regard.
Platform Availability
You accept and agree that the Company is not responsible for any damage, harm, or loss to the Registered User caused by system, server, Internet, or Platform failures. 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 Platforms 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. 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. The Company will not be responsible for any error or omission of content on the Platforms.
Limited Use Rights
Unless otherwise stated, all material on these Platforms is owned by the Company and is protected by copyright, copyright, trademark rights, and other applicable international laws. The User may review, print, and/or download copies of the material on the Platforms for exclusively personal, informational, and non-commercial use purposes.
The trademarks and logos of the Company or its subsidiaries that may be used on the Platforms ("Trademark") are the property of the Company and/or its subsidiaries. The software, texts, reports, reports, images, graphics, information, courses, educational materials, videos, and audios used on the Platforms (the "Material") are also the property of the Company and/or its subsidiaries, unless expressly stated otherwise. The Trademark and Material must not be copied, reproduced, modified, republished, uploaded, posted, transmitted, decomposed (scrapped), collected, or distributed commercially, whether automatically or manually. The use of any Material on another site or computer network, for any purpose other than that of the Company's Platforms, is strictly prohibited; any unauthorized use will mean a violation of copyright, copyright, trademark rights, and other applicable international laws, which may result in civil or criminal penalties.
API and Widgets
You accept that the Company reserves the right to give access to some people (legal or natural) to access specific information through our API (Application Programming Interface) or through Widgets. You also accept that the Company reserves the right to provide Widgets for the User to display information from the Platforms on the latter's own sites. You are free to use these Widgets as the Company delivers them; without altering or modifying them.
External Websites
The Company is not responsible in any way for external or third-party websites that you may access from the Platform. In this regard, occasionally the Platforms may make references or have links to other websites ("External Sites"). The Company does not control these External Sites or the information contained in them, so it is not responsible for your interaction with them, nor do we suggest that you access or use them.
External Sites have different and independent policies and terms of use from those of the Company's Platforms, so their access and use is very different from what may result on these Platforms and for the same reason we suggest you review the policies, rules, terms, and regulation of each External Site you visit. It is your responsibility to take the necessary precautions to ensure that all access or use of such External Sites is free of viruses, worms, Trojans, and other elements of a destructive nature.
Absence of Warranties
You expressly acknowledge and accept that:
The use of the Platforms is at your own risk. The Platforms 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 Platforms and Company Services will meet your requirements or objectives;
- The Platforms will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of the Platforms or consumption of Services will be accurate or reliable;
- The quality of any Services you may purchase or obtain through the Platforms will meet your expectations; and
- Any error contained in the Platforms will be corrected.
Any information or material downloaded or otherwise obtained through the Platforms 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 Platforms 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 will 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 Platforms 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 Platforms, 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. 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 Platforms and their Services, your Account, we ask you to contact us at contacto@maihuego.com.