FIRST: GENERAL INFORMATION
This document, prepared on October 20, 2022, regulates the general terms and conditions applicable to the access and use that the User will make of the Website: GENEPRODX.COM (hereinafter "GENEPRODX," "GENEPRODX.COM," or "the Website"), 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" shall be understood as the external appearance of the screen interfaces, both statically and dynamically, i.e., the navigation tree; and all elements integrated in both the screen interfaces and the navigation tree (hereinafter, "Contents"), and all the online services or reminders it may offer to users (hereinafter, "Services").
GENEPRODX 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 GENEPRODX may interrupt, deactivate, and/or cancel any of these elements integrated into the Website or access to them at any time.
The access and use of the website and related or annexed content, as described in this document, will be fully governed by the laws of the Republic of Chile. Consequently, the visits that the user makes on the platform representing the website, as well as the legal effects that they may have, are subject to the laws and jurisdiction of the courts of justice of the Republic of Chile. Of particular importance are the application of Law No. 19.628 on Protection of Personal Data and Law No. 19.496 on Consumer Rights.
Additionally, this website and its contents are intended for all types of users, regardless of their nationality and place of residence, provided that there is no primacy regarding the application of Chilean legislation for specific cases.
In particular, the Website is regulated in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR). Furthermore, GENEPRODX.COM fully adheres to the Good Practices Code for Electronic Commerce of the Santiago Chamber of Commerce.
Users are recommended to carefully read the content of these General Terms and Conditions of Use, as well as to print and retain a copy of them on a local disk storage or portable storage unit for their convenience and security.
SECOND: INFORMATION ABOUT THE WEBSITE GENEPRODX.COM
GENEPRODX is owned by GENEPRODX CHILE SPA, RUT: 76.365.812-0, duly represented by Mr./Ms. HERNÁN GONZÁLEZ, who holds the following position: General Manager, National Identity Card number: 9.976.143-1. The authority to act on behalf of GENEPRODX is established in a public deed dated March 3, 2014, executed before notary Mr./Ms. EDUARDO AVELLO CONCHA, LAWYER, TITULAR PUBLIC NOTARY OF THE 27TH NOTARY OFFICE OF SANTIAGO, WITH ADDRESS AT ORREGO LUCO 0153.
Additionally, for any type of communication, presentation, inquiry, or claim related to the use or operation of the Website, GENEPRODX will receive all types of communications at the email address: email@example.com, as well as at the phone number: +34 911 863 493, which will be available solely for Customer Service purposes. GENEPRODX CHILE SPA is domiciled for these purposes at Eliodoro Yañez 869, Providencia.
The Website also has a customer service department, where various presentations or claims related to the use or access to the page can be made. This department can be contacted at the email address firstname.lastname@example.org, the telephone number +56942472410, or at the offices located at Eliodoro Yañez 869, Providencia.
The access to this Website, navigation and use thereof, as well as any space enabled for interactions between Users or between the User and the Website (comment sections, blogging and microblogging spaces, and extensions intended for this purpose), shall confer upon individuals the status of "User."
Therefore, by accessing the Website or its contents, all Users are deemed to have accepted the Terms and Conditions set forth in this document, as well as any future modifications that may be made to the Terms and Conditions, without prejudice to any future legislation enacted in the Republic of Chile to regulate this type of documents, or that may be applicable to the use of Websites.
Additionally, the access to the Website by the User shall be free of charge, and the User shall not be required to pay to access the site or its contents, beyond the cost of the internet connection, if applicable.
GENEPRODX provides the user with a service characterized by the diversity of the content provided. The User assumes responsibility for using the Website correctly and its contents. Thus, this responsibility shall extend, but not limited to:
- Using the information, Contents, and/or Services and data offered by GENEPRODX without violating these Terms and Conditions, as well as the Chilean Legal System and morals and public order, or in any other way that may violate the rights of third parties or the normal functioning and operations of the Website.
- GENEPRODX reserves the right to remove all comments and interactions from Users that violate the law, respect for human dignity, 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 threaten the youth or children, order, or public safety or that, in the opinion of GENEPRODX, are not appropriate for the Website.
In any case, GENEPRODX is not responsible for the opinions of any kind expressed by Users through comments or blogging or microblogging tools or extensions.
The mere access to GENEPRODX.COM does not imply a commercial relationship between GENEPRODX and the User.
The User declares to be of legal age and, therefore, to have the necessary and sufficient legal capacity to be bound by these Terms and Conditions. Therefore, GENEPRODX is not aimed at minors, declining any responsibility for non-compliance with this requirement.
Nevertheless, the legal rules of capacity established in the legal system will govern in all those cases where their application is pertinent. Therefore, if a person does not have the legal capacity to contract, they must refrain from using the Contents and Services that require this capacity. GENEPRODX may, at any time, temporarily or permanently suspend the participation of users whom it is proven lack the legal capacity to use the Services and Content that require it, or who provide false, inaccurate, or fraudulent information to the Website.
The GENEPRODX.COM Website is mainly aimed at Users residing in the Republic of Chile. GENEPRODX does not guarantee that the Website fully complies with the legislation of other countries. If the User resides or is domiciled in a foreign country and decides to access and/or browse this Website, they do so under their responsibility, ensuring that such access and navigation comply with the provisions of the local legislation applicable to them, and GENEPRODX assumes no responsibility that may arise from such access.
FOURTH: USER RIGHTS AND GUARANTEES OF THE WEBSITE USER
The User will enjoy all the rights recognized by consumer protection legislation in force in Chile, in addition to the rights granted by these Terms and Conditions. Furthermore, 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.
GENEPRODX will not be responsible, under any circumstances, for the following events:
a. Misuse of the content stored by Users or visitors to the Website, as well as the industrial or intellectual property rights contained on the Website.
b. Damages and losses, actual or potential, caused to Users resulting from the operation of the Website's search tools, as well as errors generated by technical elements of the Website or the search engine.
c. Content of Websites that Users may access with or without GENEPRODX's authorization.
d. Access by people who do not meet the age limit required for the use of the Website, following the Terms and Conditions and the current legislation regarding legal capacity.
e. 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. Similarly, the parties acknowledge and record that the computer support provided by GENEPRODX.COM is not infallible; therefore, circumstances beyond GENEPRODX's control may occur, causing the Website or its platform to be unavailable for a certain period of time.
f. Information about GENEPRODX found on Websites other than GENEPRODX.COM.
In the event of any of these circumstances, GENEPRODX will take all necessary measures to restore the proper functioning of the Website and its communication system as soon as possible, without any responsibility being attributed to it.
GENEPRODX does not guarantee the availability or continuity of the operation of the Website, nor that Users can access it at any time.
GENEPRODX is also not responsible for the existence of viruses or other harmful elements in the documents or files stored on computer systems of all types owned by Users. GENEPRODX will not be liable for damages caused to the User, resulting from the improper use of the technologies and platforms made available, regardless of how these technological elements are used inappropriately.
Likewise, GENEPRODX will not be liable for damages caused by the improper or malicious use of GENEPRODX.COM by Users.
At the time of registration and login and for communication purposes, GENEPRODX.COM uses digital security certificates (SSL) to encrypt information. GENEPRODX does not store or keep financial data of its Users.
SIXTH: DATA SECURITY POLICY
GENEPRODX will take all necessary measures to safeguard the data of its Users, such as information encryption systems, security certificates, and others that GENEPRODX deems appropriate for these purposes. In the event of changes made by the User in the information registered or entered on the Website, or if any irregularity attributable to the User related to the information provided is detected, or simply as a measure to protect identity, the staff of the Website will contact the User, either by phone or email, to verify the data and information and to prevent the existence of possible fraud.
By accessing the GENEPRODX.COM Website, Users or visitors guarantee that the information they provide for registration is truthful, complete, accurate, and up-to-date.
For Users residing or domiciled in the countries that make up the European Union, the Data Protection Officer will be Mr./Ms. IVAN LLEITE AVILA, who can be contacted using the following information:
email@example.com +56949655848 Eliodoro Yañez 869, Providencia
The User must consider that the place of business of the Website is located in Chile, outside the European Union. In the event of information circulation between companies located within Chilean territory, this will only be done as provided for in these Terms and Conditions and in a way that does not violate the General Data Protection Regulation of the European Union.
The location where the information and personal data are processed is as follows:
Eliodoro Yañez 869, Providencia
In accordance with Law No. 19.628 on the Protection of Personal Data, the data of this nature provided to the Website become part of a database owned by GENEPRODX and will be used solely and exclusively for the purposes that motivated their delivery, especially for communication between GENEPRODX and its Users and to respond to inquiries. 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.
GENEPRODX will never request from its Users the delivery of personal or financial data through emails.
GENEPRODX assumes that the data entered by Users or persons authorized by them are correct and accurate.
Notwithstanding the foregoing, GENEPRODX guarantees all its Users the free exercise of the rights established in Law No. 19.628 on the Protection of Personal Data, regarding information, modification, cancellation, and blocking of their personal data. Therefore, Users may make requests related to the aforementioned rights, which will be responded to by GENEPRODX within a period not exceeding two consecutive days.
SEVENTH: INTELLECTUAL PROPERTY AND RESERVED RIGHTS
All rights present on the Website, including intellectual property rights, regarding the Website itself, pages, and other types of content, including but not limited to all types of texts, graphic or audiovisual materials (including, but not limited to, images, audio clips, and videos), logos and trademarks, icons of all kinds, downloadable material and content, data and information compilations, and the source code of the page, are the property of GENEPRODX. Any other trademark that may be present on the Website and whose rights are not owned by GENEPRODX will belong to their respective owners.
GENEPRODX undertakes, in case of sending any type of communication and information, including advertising or promotions, to any contact information provided by the User, including telephone numbers or email, that such communication will include at least the following information:
a. Identification of the type of message, clearly indicating to the User the type of information being provided, especially if it is a message containing advertising or promotions, all of which will appear in the subject field of the message (email), or will be informed in the first place (voice or text phone communication).
b. Recognition of the consumer right, recognized by Chilean regulations, related to the User's ability to request the cessation of this type of messages from GENEPRODX. At the same time, the obligation of GENEPRODX to suspend the sending of information upon receiving the request from the User is acknowledged.
c. The guarantee of an expedited, simple, and effective process in case the User wants to make the request, for which GENEPRODX may require some information prior to carrying it out.
d. In case it is advertising or promotions from external sites or companies, brands, or companies associated with GENEPRODX, the message will contain the necessary information to identify the advertiser, including its commercial name if it has one.