Please read these terms and conditions of service (the " Terms ") carefully, as they regulate the rights and obligations of those who are registered (the " User " or the " Users ", as appropriate) in the application called Kampo (the " Application "). ”), which is available to be downloaded to mobile phones, tablets and other smart devices, and which is the property of KAMPO SpA (hereinafter, “ KAMPO ”). By registering on the Application, you agree to comply with and be bound by these Terms, which constitute a legally binding agreement between the User and KAMPO. Any person who does not accept these Terms must refrain from using the Application.
I. GENERAL DESCRIPTION OF THE SERVICES PROVIDED BY KAMPO.
The purpose of the Application is to make available to its Users, a virtual platform that allows them to administer and manage the expenses that they must incur in the performance of their work within the respective companies to which they provide services (hereinafter , the “ Company ”), as well as that both the Users and the Companies can monitor the processes, tasks and operations assigned to each User and/or their work teams, especially with regard to the tasks that must be executed directly on the ground by the Users (hereinafter, the “ Service ” or the “ Services ”, as appropriate).
II. PEOPLE WHO MAY USE THE APPLICATION.
To use the Application, the User must be a natural person of legal age or a legal entity, organization or other legally constituted entity, which is in force, and in current compliance with the laws of the Republic of Chile. In this context, by accepting these Terms, the User declares that they are at least 18 years of age at the time of accessing the Application. Likewise, the User declares that, in case of using the Services on behalf of a company or other type of entity with its own assets, it is legally constituted, has sufficient powers to represent it, is in force and complies with all applicable regulations. applicable.
III. USER REGISTRATION PROCESS.
To become a User, those who enter the Application must complete a registration process, which will allow them to create a personal account (the " Account ") and use the Application in accordance with the Terms expressed in this instrument. If the person who enters the Application registers with the purpose of using it on behalf of a company or any other legal person, by registering he declares that he has sufficient powers to legally bind this entity, in accordance with the provisions of these Terms. . At the time of registering in the Application, in addition to completing the requested information, the User will be required to create a security code (the " PIN "), which will be requested to access their Account. It is the responsibility of the person who registers to provide truthful, exact and complete information regarding all the data that is requested during the registration process. On the other hand, it will be the User's obligation to inform about any change regarding the information provided, which may occur during the validity of their Account.
IV. RATE AND METHOD OF PAYMENT.
For the provision of the Services, KAMPO will charge the Company directly, the corresponding amount based on the contracted plan, the value of which will depend, among other factors, on the number of Users that will use the Application in each Company. This value may be consulted directly by both the Users and the Company in the corresponding section of the Application. KAMPO reserves the right to eventually modify the amount of the fees for the use of the Application, which will be duly notified to both the Users and the Company of which they are a part.
V. MODIFICATION OF THESE TERMS.
KAMPO reserves the right to modify these Terms at any time, in accordance with the provisions of this chapter. If you make any changes, they will be published in this section together with a legend that expresses it, also indicating the date of its last update. Additionally, the User and the Company will be sent a notification through which they can access the content of the new Terms to the email indicated at the time of registering their Account, with an anticipation of 30 days from the date they enter into force. validity. In case you do not agree with the new Terms, the User may terminate this agreement. If you do not terminate this agreement prior to the effective date of the new Terms, your use of the Application will constitute your acceptance of the new Terms for all legal purposes.
In addition to the prohibitions expressly contained in other sections of these Terms, the User is prohibited from using the Application in any way that could damage, disable, affect or overload it; upload, post or otherwise transmit or distribute on this Application any item, including, without limitation, computer viruses, Trojan horses, worms, shutdown mechanisms or any other system, program or file disruptive; interfere with the security of this Application; infringe commercial patents, trademarks, commercial and industrial secrets, publicity rights or any other proprietary rights of any natural or legal person, communities, etc.; prevent or interrupt the use of the Application by third parties; use automatic programs, manual mechanisms or processes to monitor, copy, summarize, or otherwise extract information from this Application; use the accounts and passwords of third-party Users, or any other information without the prior written consent of its owner; create accounts or use the Application by providing false information; transmit SPAM, chain letters, junk mail or any other type of unsolicited mass mailing; upload, distribute or disseminate from the Application, material or information that is threatening, harassing, defamatory, obscene, pornographic, fraudulent, misleading, or that in any other way could be contrary to the law, public order, morals and good customs or that infringes or disturbs the rights of any other person, or that contains fundraising requests, among others.
VII. OPERATION OF THE APPLICATION.
KAMPO does not guarantee continuous and uninterrupted access and use of the Application. The system may eventually be unavailable due to technical difficulties, internet failures or any other circumstance beyond KAMPO's control . In such cases, efforts will be made to restore the system as quickly as possible, without incurring any type of responsibility. KAMPO nor is it responsible for any damage, harm or loss to the User caused by failures in the Application, on the server or on the Internet, nor will it be responsible for the damages generated by any virus introduced by a third party that could infect the User's equipment as a consequence of the access, use or examination of the Application or as a result of any transfer of data, files, images, texts or audio contained in it. Users may not impute to KAMPO any responsibility or demand payment for lost profits, by virtue of damages resulting from technical difficulties or failures in the software, in the systems or on the Internet. If the User accesses or downloads the Application from the Google Play Application Store, they will be accepting the end user license agreement of the application under Google license. If the User accesses or downloads the Application from the Apple App Store, he/she is accepting the end user license agreement for the application under Apple license.
VIII. SOLE AGREEMENT AND FORMALIZATION IN WRITING.
These Terms prefer and replace any previous agreement, written or verbal, between the User and KAMPO with respect to the matters regulated therein, and will be considered for all purposes as the only agreement in force between both. For the purposes of complying with Law 19,496 on the Protection of Consumer Rights, once accepted by the User, by electronic means, these Terms, KAMPO undertakes to send the User a written confirmation of the fact that the agreement. The aforementioned confirmation may be sent electronically or by any other appropriate means, and must contain a full, clear and legible copy of the Terms.
IX. JURISDICTION AND APPLICABLE LAW.
This agreement will be governed by the laws of the Republic of Chile. Any controversy derived from this agreement, its existence, validity, interpretation, scope or compliance, will be submitted to its applicable laws and to the competent Courts of the city of Santiago de Chile, and the procedures will be carried out in Spanish.
In the event that a User has doubts about these Terms, about their application, and in any case, when they must give related news or notice, they must contact KAMPO via email at the following address: kampo@kampo .io