FIRST: GENERAL INFORMATION.
This document, prepared on December 7, 2020, regulates the general terms and conditions applicable to the access and use that the User will make on the Platform: OBRALINK (hereinafter "OBRALINK", "WWW.OBRALINK.COM" or "the Plataform" interchangeably), as well as any type of information, content, image, video, BIM model or other material communicated or present on the Platform.
For the purposes of this document, "the Platform" will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, "Contents") and all those services or online memories that it may offer to users (hereinafter, "Services") and that come from data collected directly by OBRALINK or entered into the Platform by the Users.
OBRALINK reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Platform and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time OBRALINK may interrupt, deactivate and/or cancel any of these elements that are integrated into the Platform or access to them.
The access and use of the Platform and the related or annexed content, described in this document, will be entirely governed by the laws of the Republic of Chile. Therefore, the visits that the user makes to the Platform, as well as the legal effects that these may have, are subject to the laws and jurisdiction of the courts of justice of the Republic of Chile. Of particular importance is the application of Law No. 19.628 on Personal Data Protection and Law No. 19.496 on Consumer Rights.
Additionally, the Platform and its contents are intended for all types of users, regardless of their nationality and place of residence, although there is a primacy regarding the application of Chilean legislation for specific cases.
By accessing the Platform, the User declares to be aware of the Privacy Policy.
Additionally, WWW.OBRALINK.COM fully adheres to the Code of Good Practices for Electronic Commerce of the Santiago Chamber of Commerce.
Users are advised to carefully read the content of these General Terms and Conditions of Use, as well as to print and keep a copy of them on a local storage disk or portable storage unit, for their convenience and security.
SECOND.- INFORMATION ABOUT THE OBRALINK PLATFORM.
The ownership of OBRALINK corresponds to SOLUCIONES DE INNOVACION DIGITAL SPA, RUT: 76.982.053-1; duly represented by Mr./Mrs. EMILIANO ANDRES PINTO GOMEZ, who holds the following position: CEO of the company.
Additionally, for the purposes of any type of communication, presentation, consultation, or claims related to the use or operation of the Platform, OBRALINK will receive all types of communications at the email address:>info@obralink.com, which will only be available for Customer Service purposes. SOLUCIONES DE INNOVACION DIGITAL SPA is domiciled for these purposes at Roberto del Rio 1061, Providencia.
THIRD.- USER.
The access to the OBRALINK Platform, navigation and use of it, as well as any space enabled for interactions between Users, or between them and the Platform (comments sections, blogging and micro-blogging spaces, and extensions intended for this function), will grant people the condition of "User". The User of the Platform will be understood as any natural or legal person to whom OBRALINK has explicitly granted access credentials to the Platform, whether by email or any other written means. These access credentials will contain at least a username and a password.
Therefore, it is understood that Users accept the Terms and Conditions present in this document from the moment they access the Platform or its contents, as well as any future modifications that may be made to the Terms and Conditions, regardless of what future legislation enacted in the Republic of Chile may establish to regulate this type of document, or that may be applicable to the use of the Platform.
Additionally, and beyond the cost of the internet connection that the User pays in cases where applicable, access to the contents and services of the Platform, totally or partially, whether they come from OBRALINK or third parties, is subject to a prior contract, which will require the User to pay as consideration, to be able to access these contents and services.
Responsibility of Users.
OBRALINK provides the User with a service characterized by access to information derived from highly technological processes. The User assumes responsibility when entering the Platform, to make proper use of it and its contents. Thus, the User's responsibility will extend, specifically, to:
Using the information, Contents and/or Services and data offered by OBRALINK, without being contrary to these Terms and Conditions, as well as to the Chilean Legal System and to Morals and Public Order, or that in any other way could lead to the violation of third-party rights, or the normal operation and operations of the Platform.
It is strictly prohibited for Users to generate or allow access to the Platform to people, whether natural or legal, who have not been explicitly and in writing authorized by OBRALINK.
OBRALINK reserves the right to remove all comments and interactions from Users that violate the law, respect for human dignity, that are discriminatory based on race, nationality, sex, sexual orientation, lineage or condition, as well as those that contain pornographic content or constitute messages known as "spam", or that attack youth or childhood, order, or public safety or that, in OBRALINK's opinion, are not appropriate in the use of the Platform.
In any case, OBRALINK is not responsible for the opinions, of any kind, expressed by Users through comments or blogging or micro-blogging tools or extensions.
Simple access to the Platform does not imply a commercial relationship between OBRALINK and the User.
FOURTH.- RIGHTS AND GUARANTEES OF THE USER OF THE PLATFORM.
The User will enjoy all the rights recognized by the consumer protection legislation in force in Chile, in addition to the rights granted by these Terms and Conditions. In addition, the User will always have the rights of information, rectification and cancellation of personal data in accordance with Law No. 19.628 on the protection of personal data.
FIFTH.- RESPONSIBILITY.
OBRALINK will not be responsible, in any case, for the following events:
a.- Improper use that Users of the Platform make of the stored content, as well as of the industrial or intellectual property rights contained on the OBRALINK website or platform.
b.- Damages, concrete or eventual, caused to Users derived from the functioning of the tools or information of the Platform, as well as errors generated by technical elements of the Platform or any of its software or hardware tools.
c.- Loss, misuse or unauthorized use of passwords or validation codes, whether by the User or a third party, as expressed in these Terms and Conditions. Likewise, the parties acknowledge and record that the computer support provided by OBRALINK is not infallible, therefore, circumstances beyond the control of OBRALINK may occur that may cause the Website or its platform to be inoperative for a certain period of time.
d.- Information related to OBRALINK that is found on websites other than WWW.OBRALINK.COM.
In case of being in any of these situations, OBRALINK will take all measures to restore the correct functioning of the Platform and its communication system as soon as possible, without any responsibility being imputable for this.
OBRALINK is also not responsible for the existence of viruses or other harmful elements in the documents or files stored in the computer systems of all kinds owned by the Users. OBRALINK will not be responsible for damages caused to the User, derived from the improper use of the technologies and platforms made available to them, regardless of the way in which these technological elements are improperly used. Likewise, OBRALINK will not be responsible for damages caused by the misuse or bad faith of the Users when using the OBRALINK Platform.
When registering, logging in and communicating, WWW.OBRALINK.COM uses digital security certificates (SSL) to encrypt the information. OBRALINK does not store or retain financial data of its Users.
SIXTH.- DATA SECURITY POLICY.
OBRALINK will take all necessary measures to safeguard the data of its Users, such as information encryption systems, security certificates and other similar or equivalent measures that OBRALINK deems prudent for these purposes. If changes are made by the User in the information registered or entered on the Website, or if any type of irregularity attributable to the User related to the information provided is detected, or simply as a measure of identity protection, OBRALINK staff will contact the User, either by telephone or by email, to verify the data and information, as well as to prevent possible fraud.
Personal Data.
By accessing the WWW.OBRALINK.COM Website, Users or visitors guarantee that the information they provide for access is true, complete, accurate, and updated.
In accordance with Law No. 19.628 on Personal Data Protection, personal data provided to the Website or through the use of the Platform becomes part of a database owned by OBRALINK and will be used solely and exclusively for the purposes for which they were provided, especially for communication between OBRALINK and its Users, and to respond to queries. This data will never be communicated or shared with other companies without the express authorization of its owner (the User) nor will it be transferred internationally.
OBRALINK will never request personal or financial data from its Users via email.
For more information on the use and management of data, Users can review the Platform's Privacy Policy at the following link:
SEVENTH.- INTELLECTUAL PROPERTY AND RESERVED RIGHTS.
All rights present on the Platform, including intellectual property, regarding the Website itself, pages, and other types of content, such as, but not limited to, texts of all kinds, graphic or audiovisual material (including, but not limited to images, audio clips, videos and 3D models of buildings, BIM-related information, construction progress and concrete resistances), logos and logotypes, icons of all kinds, downloadable material and content, data compilations and information, and page source codes, are owned by OBRALINK.
Likewise, all or part of the content mentioned in the previous paragraph is registered as a trademark, creation, or commercial image, therefore, the rights are owned by OBRALINK, and its improper use and reproduction for commercial purposes without prior authorization are prohibited, as well as its use in any way that could discredit or negatively affect OBRALINK.
Any other trademark present on the Platform and whose rights are not owned by OBRALINK will belong to their respective owners.
EIGHTH.- COMMUNICATIONS.
OBRALINK commits to, in case of sending any type of communication and information, including advertising or promotions, to any contact means provided by the User, including phone numbers or email, such communication will contain at least the following information:
a.- Identification of the type of message, clearly informing the User of the type of information it is, especially if it is a message containing advertising or promotions, all of which will be indicated in the subject field of the message (email), or will be informed first (voice or text communication by phone).
b.- The existence of the consumer's right, recognized by Chilean regulations, related to the User's ability to request the cessation of such messages from OBRALINK. At the same time, OBRALINK recognizes the obligation to suspend the sending of information upon receiving the User's request.
c.- The guarantee of a fast, simple, and effective process in case the User wants to make the request, for which OBRALINK may require some information before carrying it out.
