top of page

Terms and Conditions

 

DSPOT spa

 

 

This contract between DSPOT SPA, on the one hand, and, on the other hand, the REGISTERED USER subscribing to it, establishes and regulates the Terms and Conditions of Use of the DSPOT App and DSPOT Business Web Platform available at https://www.dspot .cl, in the manner indicated below:

 

1. DEFINITIONS.

 

For the purposes of this Contract for the Use of the DSPOT App and DSPOT Business Web Platform available at https://www.dspot.cl, and the other specific agreements, it will be understood that the words listed below will have the meaning that for each one is indicated:

 

1.1. DSPOT SPA: means, indistinctly, the joint-stock company DSPOT SPA, Unique Tax Role 77.620.357-2, owner and operator of the DSPOT App and Empresas DSPOT Web Platform available at https://www.dspot.cl.

 

1.2. The App, App, Recruitment, control and training Platform, Management Software: mean, indistinctly, the DSPOT App and DSPOT Business Web Platform, available https://www.dspot.cl, owned and operated by DSPOT SPA.

 

1.3. TERMS AND CONDITIONS OF USE: means this Contract accepted by the Registered User at the request of their User Registration in the DSPOT App, between DSPOT SPA. and the Registered User subscribing to it, which establishes and regulates the Terms and Conditions of Use of the App. Hereinafter, the Terms and Conditions of Use may also be referred to, interchangeably, as "Terms and Conditions of Use of the DSPOT App ”, “Terms and Conditions of Use of the Site”, “Terms and Conditions Contract”, “Contract” or “Terms and Conditions”.

 

1.4. USER: means the natural or legal person who enters the DSPOT App, browses it and/or uses the services and/or information contained in the App. The User can be a Non-Registered User, or a Registered User, depending on is defined below:

 

1.4.1. Non-Registered User: Means that User who has not completed or successfully completed the User Registration process, and therefore does not have a User Name and/or Email or an access Password. The Non-Registered User can browse certain pages and content of the App. However, browsing certain content and sections of the App, and in particular the use of its services, is reserved solely for Registered Users, that is, Users Registered as Collaborator User, Company User or Administrator User.

 

1.4.2. Registered User, Participating User, Participant or Member: mean, indistinctly, any User who has successfully completed the User Registration process in the App, and who therefore has a User Name and/or Email Address and Password to authenticate yourself in the App The first authentication implies the validation of the Registered User, and requires the verification and activation of your registration, which you must do by accessing through a link contained in the App mentioned as "Create Account", after finishing the registration process. The Registered User or Member will be identified as a "Collaborating User".

 

1.4.2.1. Collaborating User means, indistinctly, that User Registered as a Collaborating User, who may, through the App, do the following:


 

  • Edit User Profile Information

    • Modify your personal data

    • Modify your documents

    • Update your profile picture

    • Redeem points 

  • recover password

  • Apply for notices in the APP

  • Confirm / Cancel Assistance

  • Consult Agenda

  • View Notifications

  • Search notices 

  • See information 

  • See Frequently Asked Questions / Terms and Conditions

 

1.4.2.2. Company User means, indistinctly, that User Registered as a Company User, and may, through the App, do the following:


 

  • Edit User Profile Information

    • Modify your personal data

    • Update your profile photo

    • edit preferences

  • recover password

  • post notices

  • select candidates

  • control documents

  • Review reports 

  • View Notifications

  • Search georeferenced conventions

  • See agreement information

  • See Frequently Asked Questions / Terms and Conditions

 

1.4.2.2. Administrator User means, indistinctly, that User Registered as Administrator User by DSPOT SPA on the Empresas DSPOT Web Platform associated with the company of which it will be the Administrator User and may, through the Empresas DSPOT Web Platform, do the following:


 

  • Manage:

    • configure parameters

    • Modify 

    • notifications

    • Statistics

 

1.5. USER REGISTRATION: means the process by which a Non-Registered User proceeds to satisfactorily complete the registration procedure in the App, obtaining a Username and Password. The User Name may be made up of a User Name and/or Email. After verifying and activating their User Registration, identifying themselves for the first time from the App, the Registered User is enabled to access certain and certain contents, and empowered to use certain and certain services and tools available in the App.

 

1.6. AUTHENTICATION: means the action of accessing the App as a Registered User, by entering your User Email and Password in the Login Section, and/or for the first time by registering once generated by the App. finished your registration process, in order to validate it.

 

1.7. USER NAME: Means the Email that identifies the Registered User, and that is registered in the App's databases. With the User Name, the Registered User authenticates himself in the App when he wishes to navigate the sections and use the services that require user authentication for such purposes.

 

1.8. PASSWORD or UNIQUE KEY: mean, indistinctly, the numerical or alphanumeric combination designated by the Registered User at the request of his user registration, and that is registered in the App's databases The password is required to complete the authentication in the App to user registration instances and login instances.

 

1.9. REGISTERED USER TERMS AND CONDITIONS CONTRACT: means the terms and conditions, translated into rights and obligations, which regulate the actions of all Registered Users in the App, and which are contained in this Terms and Conditions of Use contract and in the Privacy Policy of the App However, DSPOT SPA may include, in the present or in the future, additional requirements for the registration and/or use of the App, either at the request of the user registration, or being registered, at through the acceptance of new Terms and Conditions of Use and/or Privacy Policy and/or Specific Agreements.

 

1.10. SPECIFIC AGREEMENTS: Indistinctly, Contracts or Special Agreements, mean the set of specific or special terms and conditions presented to Users in the App, in addition to those contained in this Terms and Conditions of Use Contract and in the Privacy Policy of the App. App. The contracts signed between DSPOT SPA and certain specific Users also constitute Specific Agreements.

 

1.11. PRIVACY POLICY: will have the meaning indicated in Section 4 of this Terms and Conditions of Use Agreement. Hereinafter they may also be referred to, interchangeably, as "App Privacy Policy" or "Site Privacy Policy".

 

1.12. ACCOUNT or USER ACCOUNT: mean, indistinctly, the instance of the App to which the Registered User accesses when authenticating, an instance that corresponds to the personal page of the Registered User in the App Your User Account allows you to access different services, among which include the user profile, the record of present, future and/or historical events related to the services used in the App, among others that the App makes available.

 

1.13. PROFILE or USER PROFILE: mean, indistinctly, the instance in which the Registered User manages and publishes all of their personal, commercial and/or legal information. The information contained in the User Profile can be modified by the Registered User, except for certain information whose modification requires to be expressly requested through the contact email indicated by the App.

 

1.14. CONTENTS: means all the material of the App, including, by way of example and without limitation, the texts, data, articles, designs, logos, registered trademarks, forms, documents, graphics, photos, images, contents in general, your organization and compilation, source codes, software and any other information, of any kind or nature, contained in the App

 

1.15. REGISTERED TRADEMARKS: corresponds to the group made up of the name "DSPOT" including its mother logo and all logos derived from it, its brand, trade names or distinctive signs that appear in the App, as well as the domains, including their domains and subdomains in the web.

 

2. GENERAL ASPECTS OF THE TERMS AND CONDITIONS OF USE AGREEMENT.

 

2.1. PURPOSE OF THE TERMS AND CONDITIONS OF USE CONTRACT. The purpose of this Terms and Use Agreement is to regulate the relationship between DSPOT SPA and the User, defining the terms and conditions of use of the App.

 

2.2. ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE AGREEMENT. By checking the box "Accept" the Terms and Conditions of Use at the request of the User Registration in the App, and then pressing the "Register" button, the User, who becomes registered, acknowledges and declares to have read, fully understood and accepted the content of the Terms and Conditions of Use of the App, in all its parts, accepting all its rules and regulations, rights and obligations, being subject to all its clauses, and applicable laws and regulations. Consequently, from the moment the User registered, having accepted the Terms and Conditions of Use in the user registration process, this Agreement will be binding and will bind the parties. If the User does not accept this Agreement of Terms and Conditions of Use, they will not be able to become a Member, and must refrain from accessing, browsing and/or using the App immediately. Likewise, you will not be able to use its services or the information available on the web pages that comprise it.

 

23. POWERS OF DSPOT SPA IN RELATION TO THE CONTENTS OF THE APP DSPOT SPA, as the owner and operator of the App available at https://www.dspot.cl, may make changes to the contents and the App itself, at any time and without prior notification to Users. Likewise, it is stated for the record that the App could contain technical and/or typographical errors and that DSPOT SPA will not be responsible for any damage derived from said involuntary errors.

 

2.4. SPECIFIC AGREEMENTS. To access and use certain specific sections that the App may have, and the web pages that comprise it, DSPOT SPA may require the acceptance by the User of certain specific terms and conditions in addition to those contained in this Contract. of Terms and Conditions of Use. Such additional specific terms and conditions are called “Specific Agreements”, as defined in Section 1.10. former. In the event that the User accepts said Specific Agreements, they will be binding for the User, and will be understood to be additional to the terms and conditions of this Terms and Conditions of Use Contract. The Specific Agreements, on occasions, could replace, complete and / or modify this instrument. In the event of a conflict between the provisions of this Terms and Conditions of Use Agreement and one or more of the provisions contained in one or more of the Specific Agreements, it will be understood that the terms and conditions contained in the Specific Agreements will prevail over the terms and conditions contained in this Contract, for the specific sections of the App and/or web pages that comprise it. In the event that, required for this purpose, the User does not accept the terms and conditions proposed in the Specific Agreements, DSPOT SPA will be fully empowered to deny said User access to the relevant specific sections of the App, and the web pages. that make it up In this regard, it is expressly stated that DSPOT SPA may change and/or restrict access to all or a portion of the App without prior notification to the User and without any liability for DSPOT SPA in the event that the User deems that it has been generated damage from that action.

 

2.5. AUTONOMY OF THE CLAUSES OF THE TERMS AND CONDITIONS OF USE CONTRACT. If any clause of this Terms and Conditions of Use Contract were declared non-existent, invalid, unenforceable and/or in any way ineffective by a competent court, the other clauses of this Contract, and the rights and obligations that emanate from them, will maintain their validity. full force and validity.

 

3. MODIFICATIONS AND TERM OF THE CONTRACT OF TERMS AND CONDITIONS OF USE.

 

3.1. MODIFICATIONS. DSPOT SPA, as the owner and operator of the App available at https://www.dspot.cl, may at any time and from time to time correct, modify, add, delete and/or update the terms and conditions of this Contract, as well as the Privacy Policy of the App and the Specific Agreements.

 

For these purposes, DSPOT SPA will promptly notify the Registered User of the new Terms and Conditions of Use and/or Privacy Policy and/or certain Specific Agreements, either through the publication of a notice, pop up, message or targeted notification. to the Member when he tries to access and/or access the App, or through an email addressed to his registered user email account. Changes in the Terms and Conditions of Use Contract and/or Privacy Policy and/or certain Special Agreements will become effective from the moment the Registered User accepts the new versions or modifications. DSPOT SPA may condition and limit access to all or part of the services it provides through the App, to that Registered User who does not accept the changes or modifications to this Contract and/or Privacy Policy and/or certain Specific Agreements. The foregoing is without prejudice to the right of DSPOT SPA to condition access to certain specific sections of the App, and the web pages that comprise it, to the acceptance of the relevant Specific Agreements, in accordance with what is expressed in Section 2.4. . former.

 

3.2. TERM OF THE CONTRACT OF TERMS AND CONDITIONS OF USE.

 

3.2.1. This Agreement of Terms and Conditions of Use will be in force and will be effective while DSPOT SPA maintains the App in operation DSPOT SPA reserves the right to terminate offering the App available at https://www.dspot.cl, its contents and the services offered through the App at any time, without the need for prior notice or notifying its registered users.

 

3.2.2. Notwithstanding the foregoing, DSPOT SPA may immediately terminate the Terms and Conditions of Use of the App, its Privacy Policy and/or Specific Agreements, if it decides at its sole discretion to deactivate a Member's account and the respective User Registry, in any of the following cases:

 

3.2.2.1. In case of verifying that any of the information provided by the User is false, incomplete, inaccurate, erroneous and/or in any way unreliable.

 

3.2.2.2. In the event of the User incurring in an unauthorized use of the contents of the App, in accordance with the provisions of Sections 6.3., 6.4. and 7.2. following of this Agreement.

 

3.2.2.3. In the event of the User incurring in any conduct or omission that violates the antispam provisions contained in Section 9 of this Agreement.

 

3.2.2.4. In general, in the event of the User incurring in any serious and/or repeated infringement of his obligations and/or prohibitions stipulated under this Terms and Conditions of Use Contract, the App's Privacy Policy and/or under the Specific Agreements . In such cases, it will be understood that the Agreement of Terms and Conditions of Use of the App and the User Registration have expired from the moment that DSPOT SPA so notifies the User by email addressed to the address registered in the App by the user. .

 

3.3. Notwithstanding the foregoing, the clauses that deal with the following matters will subsist and remain in force even after the termination of the Terms and Conditions of Use Contract and/or Privacy Policy and/or certain Specific Agreements: Compensation, User Declarations , Responsibilities and Exclusions, Applicable Law and Competent Court, and in general any other matter that by its nature persists despite the term of this Contract.

 

3.4. It is expressly stated that the User may not retract this Contract of Terms and Conditions of Use and its annexes, the Privacy Policy and/or certain Special Agreements, in accordance with the current provisions of letter b) of article 3 bis of the Consumer Protection Law.

 

3.5. If the Registered User ceases to agree to the Terms and Conditions of Use, Privacy Policy and/or certain Specific Agreements, they must refrain from accessing the App and stop using its services. You may also, at any time, request the deletion of your User Account and its respective Registration, by email addressed to the contact address indicated in the App.

 

4. PRIVACY, CONFIDENTIALITY AND PROTECTION OF INFORMATION POLICY.

 

4.1. The User undertakes to keep the information, content, data, background and/or documents provided by other Users confidential. The foregoing, without prejudice to the eventual special and express request of any User, in order to require a special reservation and treatment of their information.

 

4.2. The User undertakes to guard his User Name and Password, which are his responsibility and exclusive use, and must make correct use of them. Consequently, DSPOT SPA is not responsible for the damages generated to the User due to the misuse of his Username and Password by third parties. In case of detecting misuse of their Username or Password, the User undertakes to give immediate notice to DSPOT SPA, through the contact email indicated in the App.

 

4.3. DSPOT SPA establishes the Privacy Policy of the App, which is available and accessible from the App and the Website. The acceptance of this Agreement of Terms and Conditions of Use of the App also requires the simultaneous acceptance of the Privacy Policy of the App, and vice versa.

 

5. VERACITY OF THE USER INFORMATION.

 

5.1. RESPONSIBILITY OF THE USER. The User undertakes that all the information and content provided to DSPOT SPA, either through the App, in its User Registration forms or by any other means or form provided by DSPOT SPA, and/or by other means that DSPOT SPA has defined with the User, be it email, email, telephone, in the same offices of DSPOT SPA or the User himself, or any other means that allows the User to provide information, this must always be truthful, reliable and ascertainable. Likewise, the User is solely responsible for keeping their personal information always updated. The User, through the acceptance of this Contract at the request of his User Registration, guarantees the authenticity and veracity of all the data provided to DSPOT SPA, and of the data that is updated over time, with the User being solely responsible. for the damages and losses generated by any inaccuracy in the information, and that could fall on itself, on DSPOT SPA or on third parties. DSPOT SPA is not responsible for the faults incurred by the User with respect to this clause. The foregoing also extends to the information that the Registered User indicates, indicates, declares and/or includes in any of the forms provided by DSPOT SPA, or that is made available for the use of the services offered in the App.

 

5.2. PROHIBITIONS. The User understands that they will not be able to create accounts and/or use the App by providing false information.

 

5.3. VERIFICATIONS. DSPOT SPA reserves the right to verify, at any time and at its sole discretion, the information provided by the Registered User. In case of verifying that the information, or a part of it, is not true or does not correspond to the User who provided it, DSPOT SPA may deactivate the User Account and its respective Registration, being able to terminate this Terms and Conditions Contract Use, to the service associated with it, and deny access to the User in the manner expressed in Section 3.2. former. This, without prejudice to the right of DSPOT SPA to initiate legal actions that it deems appropriate and pertinent against the User who has provided false information, as soon as it causes damage.

 

6. INTELLECTUAL PROPERTY.

 

6.1. PROTECTED CONTENT. All the material of the App, App, DSPOT Business Web Platform, and all its content, including texts, data, articles, designs, logos, trademarks, forms, documents, graphics, photos, images and content in general is protected content , of any nature or kind, its organization and compilation, source codes, software, among others, and any other information contained in the App and in the related Websites.

 

6.2. TRADEMARKS. It is a registered trademark, authorized to be operated by DSPOT SPA, the name "DSPOT", its trade names and distinctive signs that appear in the App, as well as its Web Domain https://www.dspot.cl, its logo and all the logos derived from its mother logo.

 

6.3. PROHIBITIONS.

 

6.3.1. The Content of the App may not be copied, modified, reproduced, reused, redistributed, republished, displayed or posted by the User in any form and by any means, including -by way of example, but not limited to- electronic, mechanical, recording , photocopies, among others, without the prior written authorization of DSPOT SPA.

 

6.3.2. Nothing in the App may be used by third parties without the prior express authorization of DSPOT SPA, and for each time it is required.

 

6.3.3. The access, download, transmission and printing of any content of the App can be carried out by the User exclusively for personal use, and only in relation to and based on a correct use for the User of the services provided by DSPOT SPA through of the app

 

6.3.4. The User may not modify or make creations based on part of the contents, or all of them, that are published in the App.

 

6.3.5. The use of the content of the App on any other site, website or App, including links from https://www.dspot.cl, with or without the logo or badge of "https://www.dspot.cl" is prohibited. ”, without the prior written authorization of DSPOT SPA.

 

6.3.6. The User may not reproduce a mirror site of the App or its Website https://www.dspot.cl, or a part of it, keep it on other servers, or publish it on the Internet or by any other digital means.

 

6.4. CONSEQUENCES OF UNAUTHORIZED USE. Any unauthorized use of any content of the App in accordance with this sixth clause, will constitute a violation of the laws and regulations in matters of copyright and intellectual property, and will entitle DSPOT SPA to deactivate the Account and the User Registration, being able to terminate this Agreement of Terms and Conditions of Use, Privacy Policy and Specific Agreements, the service associated with them, and deny access to the User in the manner expressed in Section 3.2. former. The aforementioned, without prejudice to the right of DSPOT SPA to exercise all actions, both civil and criminal, aimed at safeguarding its legitimate intellectual property rights. Any issue or question regarding registered trademarks and/or the use of the content of the App must be made directly to DSPOT SPA through its contact channels indicated on the Site.

 

7. USE OF THE APP AND ITS CONTENT.

 

7.1. GENERAL FEATURES. The User agrees to use the information and content of the App only for purposes that fall within the legal and regulatory framework, in accordance with morality and good customs, in accordance with public order, and according to the Terms and Conditions of this Contract that regulates the Use of the App, its Privacy Policy and Specific Agreements. DSPOT SPA does not guarantee that the contents of the App, and its services, are appropriate outside of Chile. Therefore, if the User accesses the App from outside of Chile, he understands and accepts that the access and use of the App is under his responsibility, and he must ensure that he complies with the specific laws and regulations of his jurisdiction.

 

7.2. PROHIBITIONS ON THE USE OF THE APP AND THE CONTENTS. The User understands and accepts that in addition to the prohibitions established in other sections of this Contract of Terms and Conditions of Use, the Privacy Policy and other Specific Agreements, there are specific prohibitions regarding the use of the App, its information and contents. , and therefore the User may not:

 

7.2.1. Use the information and content of the App for purposes that violate the laws and regulations in force in Chile and international agreements, or engage in any practice that in any way could violate the law, morality and good customs, or that violates the rights of any User and/or DSPOT SPA and/or third parties.

 

7.2.2. Distribute from the App information or content that may be fraudulent, misleading -including misleading advertising of other products or services unrelated to DSPOT SPA- discriminatory, violent, threatening, harassing, defamatory, denigrating, immoral, obscene or pornographic, and that could, due to said condition, harm DSPOT SPA, other Users and/or third parties.

 

7.2.3. Distribute from the App, without the prior authorization of the owner, information or content that is protected by intellectual property laws, and that with said action affects other Users, DSPOT SPA and/or any third party.

 

7.2.4. Use and/or hack the App in any way that could damage, disable, deteriorate, affect or overload its normal use, of its services and/or that could affect the systems, App, software and hardware operated by DSPOT SPA.

 

7.2.5. Transmit and/or distribute in the App any virus, program or electronic element that could damage or prevent the normal functioning of the App, its systems and computer equipment, and in turn interfere with its security, causing damage to DSPOT SPA, to other Users and/or third parties.

 

7.2.6. Prevent or interrupt in any way the use of the App by its owner DSPOT SPA, other Users and/or third parties.

 

7.2.7. Misuse passwords, either their own or that of other Users and/or third parties, as well as using Accounts and/or the personal information of Users or third parties, without the express written authorization of the respective User and / or third party owner.

 

7.2.8. Monitor, copy or extract information from the App, either using technological, automatic or manual processes.

 

7.2.9. Upload, publish, post, transmit, share, save or make public on the App, or on any other website or digital or printed media, any private, commercial, contact or identification information of any User or Member of the App, including -by way of example, not exhaustive- the publication of names, company names, identity cards, unique tax roles, legal representatives, addresses, emails, telephone numbers, any corporate, business, commercial, banking, financial information, tax, among others, regardless of whether that private or personal identification information of a User and/or third party is voluntarily published in the App, is visible to other Users, or is sent voluntarily, or accidentally, to other Users.

 

7.2.10. Transmit the personal information mentioned in the previous point through emails, blogs, forums or any other means of telecommunication and/or digital or printed communication of any kind, nature or kind.

 

7.2.11. Misuse any information and/or content accessible from the App, understanding misuse -by way of example, but not limited- to actions that could undermine fundamental rights and constitutionally recognized freedoms, actions that induce or promote actions crimes, actions that induce states of anxiety and fear of third parties, among others.

 

Violation of any of the provisions of this clause will entitle DSPOT SPA to deactivate the User's Account and Registration, being able to terminate this Agreement of Terms and Conditions of Use of the App, its Privacy Policy and Specific Agreements, to the services associated with the App, and deny access to the User in the manner expressed in Section 3.2. former. The aforementioned, without prejudice to the right of DSPOT SPA to exercise all actions, both civil and criminal, aimed at protecting its legitimate rights and those of its Users and Members.

 

8. REQUIREMENTS TO BE A REGISTERED USER OF THE APP

 

In order to access to be a Registered User of the App, the User must be a natural person, have an Identity Card. Your legal representative and/or the person registered, informed and/or designated as a user to manage the user account, the user profile and make use of the App services, must be over 18 years of age. In addition, you must successfully complete the User Registration process, create a User Name and/or Email and Password, and read, understand and accept this App Terms and Conditions of Use agreement, the Privacy Policy, and if applicable, the Specific Agreements and/or specific private contracts that the registry may be required to accept. It is the sole responsibility of each User who registers to provide truthful information, be empowered and have sufficient powers to be able to represent the will and interests of the company on whose behalf, as a user or operator, you use the App services. Likewise, it is the sole responsibility of the User who registers, to be sufficiently empowered to be able to provide legal, commercial, financial, accounting, contact information or any other, of the company that declares to be a user. In these respects, DSPOT SPA is exempt from all responsibility.

 

9. USER ANTISPAM POLICY.

 

The User undertakes to refrain from:

 

9.1. Collect data or information from the App for commercial and/or advertising purposes.

 

9.2. Transmit, upload, post, send by email or make available any promotional and/or advertising material, and/or any type of communication, for sales or other commercial purposes, that was not requested and that does not have the prior authorization of written by DSPOT SPA, other Users and/or affected third parties.

 

9.3. Transmit from the App SPAM, chain messages, junk mail or any other type of internal message and/or unsolicited mass email.

 

9.4. Hacking the App systems to access its databases and obtain email distribution lists, to then carry out the actions described in the previous points of this Section, and/or to make these distribution lists available to third parties through of the free transfer or sale of the same.

 

10. LINKS TO THIRD PARTY WEBSITES.

 

The App may contain links to other websites owned, operated and/or controlled by third parties. The inclusion in the App of links to third-party sites fulfills a merely informative purpose, with respect to Users who would like to obtain additional and/or related information when using the App services. Consequently, DSPOT SPA is not responsible for the veracity and/or authenticity of the information provided on these third-party sites, accessible from hyperlinks that may exist in the App, nor can it be inferred and/or interpreted that, due to the fact that these hyperlinks are found on the pages of the App, DSPOT SPA is recommending said sites, their information, content or services offered on them. Due to the foregoing, the User understands and accepts that these third-party sites have no legal relationship with DSPOT SPA, which is not responsible for their content and information, for the services that may be offered from there, nor for the availability of the their contents; and that third-party sites are governed by their own conditions of use, which are not related to this Agreement of Terms and Conditions of Use of the App, its Privacy Policy and Specific Agreements. In this way, the User acknowledges and declares that he accesses and uses said websites at his own risk.

 

11. EXCLUSION OF LIABILITY.

 

The User acknowledges and declares that their access to the App is done at their own risk and account, and that consequently, without the following list being exhaustive, limiting or exclusive of other hypotheses, DSPOT SPA as the owner and operator of the App available at https://www.dspot.cl, is not responsible for:

 

11.1. Errors, omissions, inaccuracies and/or falsehoods in the content published by its Registered Users, be it in the User Profiles, be it in the information contained or attached background information in the forms that serve to make use of the services provided by the App, be it in any other section, or at the request of any service provided by the App.

 

11.2. Any damage or harm to the User caused by failures in the App, its program, software, website and/or its systems.

 

11.3. Any virus that could infect the User's computer as a result of the User's access and/or use of the App. In this regard, the User understands that the use of this App is subject to the User's own risk. As a result of the foregoing, if the use of the App results in the User having to incur repairs and/or corrections, contracting a maintenance service for their computer equipment, these costs must be borne by the User, without DSPOT SPA having any responsibility. in this matter. Consequently, DSPOT SPA excludes any liability for damages of any kind that may arise from the presence of viruses or other computer elements that could cause alterations in the systems, electronic documents and/or User accounts and profiles.

 

11.4. The non-availability and continuity of the App. DSPOT SPA declares that the App and its system may eventually be unavailable, or suspended, due to technical difficulties, internet failures or reasons beyond the control of DSPOT SPA, for which the User understands that DSPOT SPA does not guarantee continuous and uninterrupted access to the App, Site and/or sections thereof. In case of interruption or suspension of the service, DSPOT SPA will make its best effort to restore the App and its services promptly, without any type of obligation or responsibility for DSPOT SPA being derived from this. Consequently, DSPOT SPA excludes any responsibility for damages of any nature that may arise from the lack of availability and continuity of the operation of the App, and its services.

 

11.5. The permanent or eventual monitoring of the App, of the services, contents, information and/or forms sent, posted or received by the Users, of the internal messages that they send, among other actions carried out by the Users and that are registered and stored in the App. However, the User understands and accepts that DSPOT SPA has the right to monitor the App electronically, permanently or from time to time, and to record and monitor any information and/or suspicious behavior of Users, according to DSPOT SPA's own criteria, and at the service and satisfaction of the law, regulations and/or governmental or control requirements, to ensure the correct operation of the App, and to protect itself and other Users with respect to conduct that could be fraudulent and/or infringement of the rights of Users or third parties.

 

11.6. Fraudulent, harassing, denigrating, defamatory, discriminatory, threatening, immoral, obscene, pornographic or offensive behaviors incurred by Users and/or Members of the App.

 

11.7. Violations of intellectual property laws incurred by users of the App, who have used, published and/or transmitted material from Users and/or third parties that are protected by said laws.

 

11.8. Identity theft, that is, Users using personal data of other Users and/or third parties to create accounts in the App. DSPOT SPA reserves the right to verify accounts randomly, verifying the veracity of the information. In the event of detecting fraud, DSPOT SPA may cancel the account and, where appropriate, deliver the information to the courts, especially in cases where real damage has occurred, or where there is intent to harm Users and/or third parties.

 

11.9. Any act that implies that a User, at the request of his registration or use of the App services, misrepresents or lies regarding his real capacity and representativeness, powers and attributions, to represent the interests and manage the information of the company of which claims to be a user or operator, or that imply an abuse or an excess of their powers and powers. In case of suspecting or detecting such situations, DSPOT SPA may cancel or suspend the respective user account and its registration, inform the registered company indicated by the user in its registration of this circumstance and provide it with the corresponding evidence, and if necessary deliver the records to the court.

 

11.10. The results obtained from the use that the User makes of the services offered in the App, in accordance with the liability exclusions contained in these Terms and Conditions of Use, in the Privacy Policy and/or in the Specific Agreements and/or contracts signed with DSPOT SPA.

 

11.11. Any violation of this agreement by the Users of the App, or any breach by the Users of the App regarding the obligations and prohibitions stipulated in this Agreement, in the Privacy Policy and/or Specific Agreements. Under no circumstances will the collaborators, directors, managers and/or representatives of DSPOT SPA be responsible for any damage generated to Users from the use of the App, its contents and its services. The collaborators, directors, managers and/or representatives of DSPOT SPA will not be responsible for damages caused by errors, omissions, interruptions, defects, delays in information, transmission, computer viruses, system failures and other problems that occur in the App, its contents and its services. Regarding the cases indicated in this Section, the User may not impute any legal responsibility to DSPOT SPA, nor demand compensation or payments for consequential damages and/or loss of profits, by virtue of damages that may have derived from the previously listed cases.

 

12. APPLICABLE LAW AND COMPETENT COURT.

 

This Agreement of Terms and Conditions of Use of the App is subject and governed by the laws in force in the Republic of Chile. Any conflict or controversy arising in relation to and/or from this Agreement of Terms and Conditions of Use and/or the Privacy Policy of the App and/or the Specific Agreements and/or the contracts signed with DSPOT SPA, will be submitted to the knowledge of the Competent Courts of the city of Santiago de Chile. For these purposes, and if appropriate, it is understood that both the User and DSPOT SPA expressly waive and in this act any other jurisdiction, submitting to the Courts and Tribunals of the city of Santiago de Chile. All legal procedures arising from conflicts or controversies will be carried out in Spanish. The User agrees to notify DSPOT SPA in writing of any claim or dispute concerning or related to the App, the content and services provided therein, and give DSPOT SPA a reasonable period to respond to the User, before starting any action. against you.

 

13. COMMUNICATION AND CONTACT.

 

The communications that the User must or wants to direct to DSPOT SPA, will be made through the email indicated in the App, or through the contact form or the contact section that may be available and enabled in the App. communications that DSPOT SPA should or wants to address to the User, will be made by email addressed to the email address designated by the User in their registration process, or through the publication of a notice or message addressed to the User when he tries to access , or access, the App and/or your User Account.

 

14. NOTICES AND NOTICES.

 

The notifications and notices that DSPOT SPA must or wants to make to Users, will be made in the manner indicated in this Contract for each case and, in the absence of any indication in this regard, may be made through an email addressed to to the email account registered by the User, or through the publication of a notification or notice addressed to the User or Member when he tries to access, or access, the App.

 

15. DECLARATION.

 

In this act, the User acknowledges having read electronically, and understood the full content of this Agreement of Terms and Conditions of Use of the App, and that by checking the box "Accept" the Terms and Conditions of Use, at the request of his registration in the App, and then press the "Register" button, the User -who becomes registered- expressly, unequivocally and irrevocably accepts all the Terms and Conditions of Use of the App contained in the clauses of this Contract, which always will be accessible to the User in his User Account. In the event that the User needs to identify and correct errors in their data, they may contact DSPOT SPA by the means indicated in the thirteenth preceding clause.

 

Version 1.0 | Date of entry into force: 01/06/2023

 

DSPOT Spa 2023

bottom of page