TERMS AND CONDITIONS

FIRST. – GENERALITIES.

This document, prepared on April 9, 2020, regulates the general terms and conditions applicable to the access and use that the User will make of the Website: www.bluebyte.cl (hereinafter “BLUEBYTE”, “www.bluebyte.cl “Or” the Website “indistinctly), as well as any type of information, content, image, video, audio or other material communicated or present on the Website.
For the purposes of this document, “Website” 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 online services or memories that may be offered to users (hereinafter, “Services”).

 

BLUEBYTE reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time BLUEBYTE may interrupt, deactivate and / or cancel any of these elements that are integrated into the Website or access to them.
Access and use of the website and the related or annexed content, described in this document, will be governed entirely by the laws of the Republic of Chile. Consequently, the visits, as well as the possible contracts or transactions that the user carries out on the platform that the website represents, as well as the legal effects that they may have, are subject to the laws and jurisdiction of the Republic of Chile justice courts. Of particular importance is the application of Law No. 19,628 on the Protection of Personal Data.Additionally, this website and its contents, as well as the transactions that may be carried out in it, are intended for all types of users, regardless of their nationality and place of residence, as soon as there is primacy over the application of the Chilean legislation for specific cases.
Additionally, www.bluebyte.cl fully adheres to the Good Practices code for Electronic Commerce of the Santiago Commerce chamber. We recommended to carefully read the content of these General Terms and Use Conditions, as well as print and keep a copy of them on a local storage disk drive, or portable storage, for their convenience and security.

 

SECOND. – INFORMATION ON THE WEBSITE www.bluebyte.cl.

The Website ownership corresponds to Informática y Telecomunicaciones Bluebyte S.A., RUT: 76.422.820-0; duly represented by Mr. Jorge Muñoz Lecaros, General Manager.

 

THIRD. – USER.

Access to this Website, browsing and using it, will confer on people the status of “User”. Therefore, it is understood that the Terms and Conditions present in this document are accepted from the moment of accessing the Website or its contents, as well as all types of future modifications made to the Terms and Conditions, without prejudice to what may establish future legislation enacted in the Republic of Chile destined to regulate this class of documents, or that is applicable to the use of Websites.
Additionally, access to the Website by the User will be free, without  having to pay access to the site or its contents, beyond the cost of the internet connection, where applicable, which will be User’s charge. Responsibility of the Users.BLUEBYTE provides the User with a characterized service by the diversity of the content provided. The User assumes his responsibility when entering the Website, to make correct use of it and its contents. Thus, this responsibility will extend, in a non-exhaustive way, to:
Use the information, Content and / or Services and data offered by BLUEBYTE, without being contrary to these Terms and Conditions, as well as the Chilean Legal System and Moral and Public Order, or that in any other way could lead to the violation of rights of third parties, or the normal functioning and operation of the Website. Simple access to www.bluebyte.cl does not imply a commercial relationship between BLUEBYTE and the User.Legal capacity.The User declares to be at least 15 years old, which empowers him to access the content on this website, with the prior authorization of his parents, guardians or legal guardians. Therefore, BLUEBYTE is not directed to children under 15 years old, declining any responsibility for non-compliance with this requirement. Even so, the capacity legal rules established in the legal system will govern in all those cases where their application is relevant. BLUEBYTE may, at any time, temporarily or permanently, suspend the participation of users who are found to lack the legal capacity to use the Services and Content that require it, or who provide false, inaccurate or fraudulent information to the Site. Web. The Website www.bluebyte.cl is aimed mainly to Users residing in the Republic of Chile. BLUEBYTE does not ensure that the Website complies, partially or totally, with the laws of other countries. If the User resides or is domiciled in a foreign country, and decides to access and / or navigate this Website, he will do so under his own responsibility, ensuring that such access and navigation complies with the provisions of the local legislation that is applicable. , BLUEBYTE not assuming any responsibility that may arise from said access.

 

FOURTH. – RIGHTS AND GUARANTEES OF THE USER.

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 have at all times the rights to information, rectification and cancellation of personal data in accordance with Law No. 19,628 on the personal data protection.

 

FIFTH. – LIABILITY.

BLUEBYTE will not respond, in any case, for the following facts:
a.- Improper use that Users or visitors to the Website make of the stored content, as well as of the industrial or intellectual property rights contained in the Website, or in the products or services. b.- Damages and losses, concrete or eventual, caused to Users derived from the search operation tools of the Website, as well as errors generated by technical elements of the Site or the search engine. c.- Websites content that Users can access with or without BLUEBYTE’s authorization. d.- Access by people who do not comply with the age limit required to use the Website, following the Terms and Conditions, as well as the current legislation regarding the capacity to exercise. e.- Information referring to BLUEBYTE found on Websites other than or unrelated to www.bluebyte.cl.

In the event of any of these assumptions, BLUEBYTE will take all measures to reestablish the correct functioning of the Website and its communication system as soon as possible, without any kind of responsibility being attributed to it.

BLUEBYTE does not guarantee availability or operation continuity of the Website, nor that, at any time, Users can access it or the promotions and offers that are available. BLUEBYTE is 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. BLUEBYTE will not be held liable 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 used improperly. Likewise, BLUEBYTE will not be liable for damages caused by the improper use or bad faith of the Users when using www.bluebyte.cl.  SIXTH. – DATA SECURITY POLICY.
BLUEBYTE will adopt all the necessary measures to protect the data of its Users, such as information encryption systems, security certificates and other similar or equivalent that BLUEBYTE considers prudent for these purposes.

 

Personal information.By accessing the Website www.bluebyte.cl, Users or visitors guarantee that the information they provide to enter or to purchase products or contract services is true, complete, accurate and updated. In accordance with the provisions of Law No. 19,628 on the Protection of Personal Data, data of this type provided to the Website, become part of a database belonging to BLUEBYTE and will be used solely and exclusively for the purposes that motivated its delivery, especially for communication between BLUEBYTE and its Users and answering queries. These data will never be communicated or shared with other companies without the express authorization of its owner (the User) nor will they be transferred internationally.
BLUEBYTE will never ask its Users to provide personal or financial data through emails. BLUEBYTE presumes that the data entered by the Users or by authorized people by them are correct and exact. Users, by accepting these Terms and Conditions, express their agreement that the personal data provided by filling in forms present in www.bluebyte.cl can be used later to prepare and send offers that may differ from those offered on the Site Web. Notwithstanding the foregoing, BLUEBYTE guarantees all its Users the free exercise of the rights contemplated in Law No. 19,628 on the Protection of Personal Data in relation to the information, modification, cancellation and blocking of their personal data. Consequently, Users may make requests related to the aforementioned rights, which will be answered by BLUEBYTE within a period not exceeding two calendar days.

 

SEVENTH. – INTELLECTUAL PROPERTY AND RESERVED RIGHTS.

All rights present on the Website, including intellectual property, with respect to 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) limited to images, audio clips and videos), logos and logos, icons of all kinds, material and downloadable content, compilations of data and information and source codes of the page, are the property of BLUEBYTE. Any other trademark that has a presence on the Website and whose rights are not owned by BLUEBYTE, will belong to their proper owners.

 

EIGHTH. – COMMUNICATIONS.
BLUEBYTE undertakes that, in the event of sending any type of communication and information, including advertising or promotions, to any means of contact provided by the User, including telephone numbers or email, said communication will contain at least the following information:

a.- Identification of the type of message, making it clear to the User the type of information involved, especially if it is a message that contains advertising or promotions, all of which will appear in the subject field of the message (e-mail), or it will be informed first (telephone communication by voice or text).

b.- Existence of consumer rights, recognized by Chilean regulations, related to the power of the User to request the cessation of this type of messages by BLUEBYTE. At the same time, the obligation on the part of BLUEBYTE to suspend the sending of information in case of receiving the request from the User is recognized.

c.- The guarantee of an expeditious, simple and effective process in the case that the User wants to make the request, for which BLUEBYTE may require some type of information prior to carrying it out.

d.- In the case of advertising or promotions from external sites, or from companies, companies or brands associated with BLUEBYTE, the message will contain the information necessary to identify the advertiser, including its commercial name, if any.

The promotions offered through this Website are not necessarily the same as those offered by other sales channels used by companies, such as physical premises, TV or radio advertisements, catalogs or others, unless expressly stated in this site or in the advertising carried out by the companies of each promotion.