Terms of Use

Last Modified: December 12, 2019

Acceptance of the Terms of Use

These terms of use are entered into by and between You ("you," "your," or "Customer") and Carnegie Technologies Chile SpA ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively "Terms of Use"), govern your access to and use of the Influencer mobile device application (“Application”), including any content, functionality and services (collectively known as “Services”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

By accessing and using the Services, you represent and warrant that you are over 18 years of age, or alternatively over 13 years of age and have the explicit consent of your parent or legal guardian to access and use the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. 

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding to you.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

We reserve the right to refuse Services to anyone for any reason at any time.

We may, but have no obligation to, remove comments and accounts containing content that we determine at our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable. You understand and agree that you use the Services at your own risk.

From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users.

You are responsible for both:

You agree that any termination or cancelation of your access to, or use of Services may be effected without prior notice. Further, you agree that the Company shall not be liable to you or any other third party for any termination or cancelation of your access to, or use of, the Services. You acknowledge that your only right with the respect to any dissatisfaction with any modification or discontinuation of or to the Services, or any policies or practices by the Company, including without limitation any change in content, is to cease using the Service and cancel or terminate your subscription or Customer account, as applicable.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide in the Application is correct, current, and complete. You agree that all information you provide to register with the Application or otherwise, including, but not limited to, through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Digital Content

All content posted by Carnegie Technologies Chile SpA (Digital Content) on the Services is the exclusive property of Carnegie Technologies Chile SpA and is protected by copyright and other intellectual property laws. The download of, and access to any Digital Content is available only to Customers and is intended only for such Customers’ personal and non-commercial use. Any other use of Digital Content downloaded or accessed from the Service is strictly prohibited. Customers may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of any Digital Content, in whole or in part. By accessing Digital Content from the Service, you hereby acknowledge and agree to these terms.

Subscription

[WHERE APPLICABLE]

You can access Digital Content for a monthly fee. The Digital Content available to subscribers will vary and Carnegie Technologies Chile SpA makes no guarantees about the availability of such Digital Content.

By signing up for a subscription, you agree that your subscription will be automatically renewed at the end of each paid subscription, unless you cancel it, and you authorize Carnegie Technologies Chile SpA to charge your account for the renewal term. The auto-renewal may be turned off by you in your app store account settings following the first payment of the subscription fee. Deleting the Application from the device does not necessarily result in cancelation of your subscription. For more information on how to manage subscriptions please refer to Apple Support or Google Support. The following conditions apply with respect to auto-renewal subscription:

Trial Subscription

If you purchase a subscription that includes a free trial, you will receive access to the Carnegie Technologies Chile SpA’s Digital Content for the duration of the free trial period. At the end of your free trial period, Carnegie Technologies Chile SpA will charge your App Store or Google Play account.

Subscription Cancelation

You may cancel your Subscription renewal by following the procedures outlined by Apple and Google.

Fee Changes

Carnegie Technologies Chile SpA, at its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Carnegie Technologies Chile SpA will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Terms and Conditions of Sale

[WHERE APPLICABLE]

Introduction and Acceptance of the Terms and Conditions

The general Terms and Conditions of Sale detailed below govern the contractual relationship between the Customer and the Company. Both parties accept these Conditions unreservedly. These general Terms and Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express. written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Terms and Conditions of Sale. These Terms and Conditions of Sale are important to you and the Company, as they are used to protect your rights as a valued customer and our rights as a business.

Changes to the Terms and Conditions of Sale

The Services may change, be added or be taken away. We reserve the right to update the Services and these Terms and Conditions of Sale from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Services following the publishing of updated Terms and Conditions of Sale will be taken to mean that you have read and agree to the changes.

Product information

The Company takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.

Prices

The prices indicated in Services are in CLP and do not include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears in our Services and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.

Availability

We will always endeavor to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. We will refund the shipping fees for the rest of the order. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement, and then wish to return it to us in the conditions outlined under Right of Return, the return postage will be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.

Secure payment

The Company offers secure payment with various payment methods. All payment methods use advanced SSL encryption to keep your transaction secure and do not cost you anything to use. You do not need to hold an account with these Merchants to use these methods of payments.

Delivery

Your order will be delivered to the address you indicated when your order was placed.

The Company does everything in its power to respect the delivery times indicated in the Services. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.

Right of Return

The Company allows you 15 days to return a product that you are not satisfied with. Your right of return starts from the moment your order is delivered. You can return the product to us within this time frame, at your own expense, with your invoice and a completed and signed returns coupon.

We request that you send us the merchandise by registered post and that you purchase insurance with your carrier for the value of the merchandise. This is necessary should they lose or damage the goods. Shipping fees remain the customer’s responsibility. The present right of return only applies to products that are returned in their original, complete condition. Any product that has been damaged, is not in its original packaging, or has packaging that has been worn beyond simply opening the product, will not be refunded. The deadlines mentioned above are effective from the date of receipt of the order.

Intellectual Property Rights

The Services and the entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Chilean and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Application, except as follows:

You must not:

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content thereon is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company’s trademarks, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You are responsible for your conduct and any data, information, profile name, profile picture, any type of file, links that you submit, attach in chat, and display on the Services.

You agree not to use the Services:

Additionally, you agree not to:

Violation of any of these agreements will result in the termination of your account.

Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Changes to the Services

We may update the content of the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links to other Websites

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party website linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Services is based in Chile. We provide the Services for use only by persons located in Chile. We make no claims that the Services or any of its content is accessible or appropriate outside of Chile. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside Chile, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) any third party claims whatsoever arising from use of the Services, and (ii) your violation of these Terms of Use or your use of the Services, including, but not limited to, any use of the Services' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Chile giving effect to any choice or conflict of law provision or rule (whether of Chile or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in Chile courts, located in Santiago, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Chile specifics applying Chilean law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

These Services are operated by Carnegie Technologies Chile SpA, Av Las Condes 9792 - Of 801, 7591094 Las Condes / Santiago.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to the Application.