1. General / Background
These terms and conditions are mandatory and binding, both for the User and for the Provider, therefore, in the event that the User does not fully accept them, they must refrain from requesting the Services and/or using the Platform.
By registering an account on the Site and becoming a Registered User, you are expressly guaranteeing full acceptance of the Terms and Conditions of this instrument. You understand that you must be of legal age to enter into a binding agreement in order to accept the Terms.
3. Description of GROOWCITY and its Services
GROOWCITY is a digital platform that provides services for measuring the growth of work teams and managing talent and human resources (hereinafter, the "Services").
The Services are available under subscription plans of various durations and features, which may be free or subject to payment. Your subscription will automatically renew at the end of each subscription period, unless you change your paid subscription plan to a free plan or inform us that you do not wish to renew your subscription. If you do not wish to renew your subscription, you must notify us at least seven days prior to the renewal date. If you have not downgraded to a free plan and have not informed us that you do not wish to renew your subscription, it will be presumed that you have authorized GROOWCITY to charge the subscription price. GROOWCITY reserves the right to change the price of any Service or charge for the use of the Services that are currently available free of charge, which will be informed to the User. Any increase in charges will not apply until the expiration of your current billing cycle. You will not be charged to use any Service unless you have opted for a paid subscription plan.
4. Registered Users and Identity Verification
The account of each User of the Site is personal, unique and non-transferable, so the Company will at no time request access to your password by written communication, telephone or by any other means. The registration, acceptance of these terms and management of the account is the sole responsibility of the registered User.
At the time of registration, each User agrees to provide truthful, correct and updated information requested at registration or at any later time, for purposes of verification, identity authentication and detection of any suspicious operation or acts that could constitute crimes punishable by law. Chilean, such as money laundering, financing of terrorism, fraud or others of a similar nature.
Each User must complete a series of verification procedures before being able to use certain Services offered on the Platform.
The Provider informs Users that access to one or more Services and the limits that apply to their use may be modified by the Company unilaterally, without the need to express any cause, but as a result of the information collected, both in the record as later.
After the process of registering and verifying the account via the web, each User must choose a secret code or password that allows them to enter the Site with their profile, the User being the only one in charge of keeping it confidential, and therefore responsible for the information, access and use of your account. Each User is solely responsible for not disclosing their passwords to third parties, as well as maintaining a minimum-security control that prevents third parties from obtaining IDs, passwords or any code used to access the Platform.
The User declares and knows that any carelessness or lack of appropriate diligence on his part in relation to the handling of the aforementioned information may result in unauthorized access to his account by third parties. Consequently, the User accepts and declares to be solely responsible for keeping their contact information such as email address, address and telephone number updated in their Account profile, in such a way as to be able to receive any alert or notification that the Company may send him.
In consideration of the foregoing, the User exempts GROOWCITY from any legal responsibility for any loss or damage that the former may suffer as a result of access by unauthorized third parties to their account as a result of hacking or loss of passwords, or for not Act in time before any alert or notification that the Company may make in the future. In case of doubts about possible disclosure of passwords, the User must notify the Company of such a situation by email sent to the following address: [•].
Notwithstanding the foregoing, GROOWCITY has prevention tools and manuals that allow it to identify the operations carried out by its clients, being able to categorize its clients in accordance with the national regulations for the protection of personal data. The Company reserves the right to request all the information it deems pertinent and necessary to deliver the services it provides.
In case of finding or suspecting any inappropriate activity related to your Account, the Company may request additional information from Users, including document authentication, or freeze transactions for review. You will be required to comply with these requests, or agree that the Account will otherwise be closed.
The User declares and guarantees that he is prohibited from selling, assigning or disposing of his Account to third parties in any way, as well as that it is prohibited for a Registered User to register or have more than one account, or allow third parties to access the services offered by GROOWCITY, without the relevant prior authorization by the Company. In the event that GROOWCITY detects different accounts that contain matching or related data, it may cancel, suspend or disable them, without this generating any right to compensation or compensation to said User.
The User who violates any of these rules may be eliminated or disabled from using our Service, with the consequent closure of their Account, in addition to being held responsible for losses incurred by GROOWCITY or any other User of the Site, or any person in general, and that have been the product of this violation(s).
The User accepts and declares that he will not use his Account or the GROOWCITY Services to carry out illegal or criminal activities of any kind, including, but not limited exclusively to money laundering, financing of terrorism, financial terrorism, hacking, Violation of exchange and transfer provisions, evasion, and/or tax avoidance or any other type of violation of tax provisions, among others
5. Processing of Personal Data
The User's data collected by the Developer during the use of the Services will be treated by the latter in accordance with our Privacy Policies.
6. Types of Accounts or Records
Each User shall have the right to have only one account on the Site, for which they must meet the following general requirements: (i) be of legal age; (ii) deliver the minimum information indicated in the Privacy Policies indicated in the preceding section; (iv) be duly empowered to represent your company when the User is or has been created by a legal entity. These general requirements may be supplemented by additional requirements incorporated by Growcity in accordance with current legislation.
GROOWCITY reserves the right to reject any request for registration or to cancel a previously accepted Account, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or compensation to said User or Client.
7. Use of the Services Offered on the Platform
- Considerations for the Use of the Service
- Information Provided by the User
In order for the Provider to carry out the necessary actions for the appropriate delivery of the Services, the Users declare that they are aware that each of the Users must comply with the following copulative requirements: (i) be holders of a GROOWCITY Account; and (ii) Be a resident of a country where GROOWCITY provides the services.
In this sense and by means of this act, the User undertakes to: (i) deliver all the necessary information so that GROOWCITY can duly individualize the User, being the exclusive duty of the User, to collect the information requested for these purposes by the Provider and (ii) comply with the particular instructions for use that GROOWCITY provides for the delivery of its Services on the Platform.
Through this instrument and by registering on the Platform, Users assume the obligation to provide true and truthful information, including for these purposes, but not limited to: (i) name; (ii) telephone number; (iii) National Identity Card or its equivalent in other countries, for the identification of the recipient; (iv) email.
If the information provided by the Client is not reliable, the User declares to assume all the risk of the incorrect or incomplete information provided, exempting the Provider from carrying out any action to correct this error, leaving it at the discretion of the same to evaluate the viability of the means to provide support to the Client and determine the actions to be carried out by virtue of this situation.
In this sense, it will not be the obligation of GROOWCITY to carry out any type of previous or subsequent investigation, focused on confirming or ratifying the information provided by its Clients.
GROOWCITY reserves the right to require Users any other identity verification background that is necessary, at the Provider's discretion, to ensure strict compliance with the guidelines established by the Financial Analysis Unit (hereinafter, "UAF") in compliance with Law No. 19,913 on criminal liability of legal entities.
8. Returns and Refunds
In the event that the User wishes to cancel the contracted services and request a refund of what was paid for their paid membership, they must make such a request to the email firstname.lastname@example.org. GROOWCITY will review this request within a period of 7 business days from its communication and will respond to the User about the result of their request. GROOWCITY may request additional information to evaluate the return request.
9. Limitations of Liability
The User acknowledges and declares that their access to GROOWCITY or the Services is done at their own risk and that, consequently, and without the following list being exhaustive, the Company is not responsible for: (i) errors, omissions, inaccuracies and / or falsehoods in the content published by its Users; (ii) any damage or injury caused by failures in the Platform, the Services and/or their systems; and (iii) any viruses that may infect your computer as a result of accessing and/or using the Services. Therefore, the Clients understand and declare that the use of the Site and the Services is subject to their own risk.
Likewise, the Client understands and accepts that the Company has the right to electronically monitor his GROOWCITY Account, at any time and follow up on any suspicious information and/or behavior, in accordance with the Company's own criteria contained in the User Manual. Prevention, the Law, the Regulations and any other provision of the competent authority, aimed at guaranteeing the proper functioning of the Site, ensuring protection for each user, in relation to behaviors that may violate the rights of users, such as behaviors Fraudulent, harassing, denigrating, defamatory, discriminatory, threatening, immoral, obscene, pornographic or offensive in which Users of the Site incur.
Likewise, the Company is not responsible for the results obtained from the use that each Client makes of the Services offered, in accordance with the exclusions of responsibility contained in this Section or in any other part of this instrument.
In no case, the collaborators, administrators, directors and / or representatives of the Company will be responsible for the damages generated to the Users by the use of the Site, errors, omissions, interruptions, defects, delays in the information, transmission, computer viruses, system failures and other problems that occur on the Site or in the provision of the Services.
The Client cannot impute any legal responsibility to the Company or demand compensation or payments for consequential damages, loss of profits and other damages, by virtue of the damages arising from the cases mentioned above.
GROOWCITY does not guarantee the delivery, quality and suitability of any third-party products or services that are advertised, offered or contracted through the Platform or that are provided or in any way related to the GROOWCITY Services.
10. Not Advice
The Company does not make any representations or warranties of third party products or services recommended through its Services. All reports or reports prepared by the Company, as well as the data, opinions, estimates, forecasts and recommendations contained therein, and that are found on the Site or communications that the Company may make to its Users and/or third parties, are subject to the possibility of being modified without prior notice. Along with this, the Company does not assume any commitment to communicate said changes or to update the content of said reports.
The content provided on the Platform is based on information that is estimated to be available to the public, obtained from sources that are considered reliable, but said information may not have been subject to independent verification by the Company, so no information is offered. warranty, express or implied, as to its accuracy, completeness, or correctness. The Company assumes no responsibility for any loss or damage that may result from the use of the information available on the Platform.
11. Intellectual Property
The content, organization, graphics, design, compilation and other aspects of the Site are protected by Industrial and Intellectual Property laws. The copying, redistribution, use or publication of any of such materials or parts that any User makes is prohibited, and will be sanctioned as indicated by law.
The publication or transmission of information or documents on the Site does not constitute a waiver of any right related to such documents or information.
The access, printing, downloading or transmission of any content, graphics, images, logos, forms or documents on the Site, grant the User only the limited and non-exclusive right for their own use, but in no case may they proceed to its reproduction. , republication, distribution, assignment, sublicense, sale or any other use.
In this way, the Platform and the contents provided in the Services, including: html code, texts, animations, images, etc. In addition to the trademarks, trade names and/or distinctive signs shown, they are the property of GROOWCITY, its licensors or third parties and are protected by national and international laws and, in particular, by the intellectual and industrial property laws of Chile. Any use of the same outside of the provisions of the Services Platform, including the reproduction, modification, distribution, transmission, republication, arrangement or representation of any part thereof, is strictly prohibited without the express written consent of GROOWCITY. All rights not expressly granted in this Agreement are expressly reserved by GROOWCITY.
The User understands and accepts that all the courses, sessions, workshops and activities that are displayed on the Platform may be recorded and such recordings may be used commercially by GROOWCITY. The User expressly authorizes GROOWCITY to use his image for the purposes he deems pertinent, in those collected through the Services or activities developed by GROOWCITY in which he participates. GROOWCITY expressly reserves the exercise of all actions, both civil and criminal, aimed at safeguarding its legitimate intellectual and industrial property rights.
12. General disposition
- Ley Aplicable
- Single and Entire Agreement
- Act of God and Force Majeure
For these purposes, GROOWCITY undertakes to try to report all relevant changes by providing advanced notice through the Platform and / or email before the material change becomes effective.
The User declares and accepts that GROOWCITY will not be responsible, before its Clients or third parties, for any modification, suspension or termination of their access to the Services, except to the extent that the contrary is expressly established in this document.
Users may not assign any rights and/or licenses granted in these Terms and Conditions.
Notwithstanding the foregoing, GROOWCITY reserves the right to assign its rights without restrictions or the need for any authorization. In the event that GROOWCITY is acquired or merged with an external entity or undergoes a change of control, it may transfer or assign the information that it has collected from its clients in the use of the Platform, understanding that it is an essential part of said merger, acquisition, sale or other change of control.
The Company shall not be liable for delays, performance failures or interruptions in the Platform and/or the Services resulting, directly or indirectly, from acts of God or force majeure, including but not limited to significant market volatility, any delay or failure due to acts of third parties, act of civil or military authorities, act of terrorists, civil unrest, war, strike or other labor dispute, fire, interruption in telecommunications services, Internet and/or any other services of network providers, failures of equipment and / or software, natural disasters, regulatory changes, legislative changes, along with any other event that is outside the sphere of control of GROOWCITY and that therefore is not attributable to it.
The Provider does not guarantee continuous or uninterrupted access and use of the Site. The system may eventually be unavailable due to technical difficulties, Internet failures or any other circumstance beyond the Provider's control. In such cases, efforts will be made to restore the system as quickly as possible, without incurring any type of responsibility.
The Provider is also not responsible for any damage, harm or loss to the User caused by failures in the Site, in 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 such as consequence of the access, use or examination of the site or as a result of any transfer of data, files, images, texts or audio contained in it.
Users may not attribute any responsibility to the Company 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.
The meanings of the terms, conditions and statements contained in this document are subject to definitions and interpretations in the Spanish language. Any translation may not accurately represent the information in the original language; therefore, the Spanish version will prevail in the event of an inconsistency with any other language version.
GROOWCITY may make available to its Clients special offers or carry out promotions for Users who meet specific requirements. Each of these promotions will be carried out in compliance with the standards required by Law 19,496 or Law on the Protection of Consumer Rights.
Notwithstanding the foregoing, the Provider may establish qualification criteria to participate in any special promotion, which will depend solely and exclusively on its will. You can also revoke the offers at any time and without notice
13. Information Privacy
To use the Services offered by GROOWCITY, Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain both physical and technological security and protection standards. For more information on the privacy of Personal Data and cases in which personal information will be disclosed, you can consult our Privacy Policies.