Terms and conditions contract tufirma.digital
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Entre Tu Firma Digital SpA ("TuFirma"); and the user who signs this instrument ("User"), it has been agreed to enter into this contract of terms and conditions ("Contract"), which will be governed by the stipulations indicated below.
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1. Definitions
For the purposes of this contract, as well as in the other contracts and annexes that are currently or successively signed between the parties, the words listed below, used in the singular or plural, will have the meaning indicated for each one:
Authentication: means the action of accessing the Site as a Registered User by entering your username and Password in the authentication section of the Site.
Password or Access Code: they mean, interchangeably, the alphanumeric combination, designated by the Registered User, which is registered in the TuFirma databases, which is required for Authentication.
Account: means the instance of the Site that the User accesses when authenticating, which corresponds to the personal page of the Registered User on the Site.
Electronic document: It is any representation of a fact, image or idea that is created, sent, communicated or received by electronic means and stored in a suitable way to allow its later use.
Days: mean consecutive days, unless expressly stated otherwise.
Electronic Signature: That electronic signature that does not have the quality of an advanced electronic signature, that is, any sound, symbol or electronic process, which allows the recipient of an electronic document to at least formally identify its author.
Law 19,799: means the law on Electronic Documents, Electronic Signature and Services for the Certification of Said Signature.
User Registration: means the process by which an Unregistered User proceeds to successfully complete the registration procedure on the Site, obtaining a username and password.
Site or tufirma.digital or Platform: means the website tufirma.digital, as well as the web platform owned and operated by The Signature SpA, the other web pages that comprise it and the contents that are available on its pages, currently and as they change from time to time.
Unregistered User: means that User who has not completed the User Registration process, and who, therefore, does not have a User Name and Password.
Registered User or User: means, indistinctly, any person, natural or legal, who has successfully completed the User Registration process on the Site, and who therefore has a User Name and Password to authenticate on the Platform and who has accepted and expressly consented to in this contract.
2. Object of the contract
The purpose of this Contract is to regulate the terms and conditions that govern the use of the Site, as well as in general the relationships, rights and obligations that will be generated between those involved in the Platform.
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3. Formation of consent and modification of the Contract
This contract is in an electronic document and will be perfected by clicking the "Register" button or by any other analogous action, that is, by means of an electronic signature. From that moment on, the User will be subject to obligations and will acquire rights, as appropriate, all in accordance with what is indicated in this Contract.
Modification of the Contract will always require the will of both parties. For these purposes, TuFirma will propose the contractual modification and the User will have to accept it expressly on the spot or the next time they enter the Site. In the event that you do not accept the modification proposal, this contract will terminate immediately.
4. Payments and fees.
Users who use the Services will have to pay TuFirma the amounts according to the plans published on the site. Your Firm reserves the right to interrupt the service in the event of a User in default. Plans are canceled month in advance.
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TuFirma's Electronic Signature service is charged for each signature, where each finalized document uses a signature. Once the signatures of the plan or the package have been exhausted, the User will have to recharge with a signature package, update the plan or wait for the next month from the hiring, in order to continue using the Electronic Signature service.
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5. Obligations of TuFirma
TuFirma undertakes to:
Comply with this contract with the due diligence that corresponds according to the nature of the contract.
To treat the personal data of the User in accordance with the rules contained in this instrument and the applicable law.
Your Firm is defined as a high availability platform, with a minimum uptime of 99% per year.
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6. Obligations of the User
The User agrees to:
Save reservation on the data provided by other Users.
Custody your Username and Password, which are your responsibility and exclusive use, having to make a correct use of them. Consequently, the Registered User will be responsible for the damages generated by misuse by third parties of the User Name and Password. In case of detecting misuse of their Username or Password, the User undertakes to immediately notify TuFirma, by means of an email addressed to javier@tufirma.digital.
Not to carry out any type of maneuver or operation tending to evade or avoid the payments that correspond to TuFirma.
That all the information you provide to TuFirma, personal, or of any nature, by any means, is truthful, reliable and verifiable. The User will be responsible for the damages and losses generated in the event of inaccuracies in the information provided.
To keep your personal information always updated.
To use the Site, as well as its content, only for purposes that fall within the legal and regulatory framework, in accordance with morals and good customs, in accordance with public order and in accordance with this Contract, and must, therefore, refrain from carry out any type of discriminatory, threatening behavior or that may affect the dignity of a person.
Not to misuse passwords, either your own or those of third parties, as well as using accounts and / or personal information of third parties.
Not to produce, cause, take advantage of, or attempt to take advantage of, any error, virus, failure, defect or inconsistency ("Error") in the Service or the Site or Platform, to achieve any advantage or disadvantage for, if or other users. Likewise, it is obliged to inform TuFirma of any Error, as soon as it comes to its knowledge.
Unless expressly authorized by law, the User undertakes not to convert, reverse engineer, decompile, disassemble or create derivative works of TuFirma materials, graphics, text, codes, images or software.
Not to withdraw any notification of copyright or exclusive property of TuFirma or the materials contained in it.
Not to frame or use framing techniques in connection with the Service or any of the materials contained therein;
Not to use, publish or distribute any meta tags or other "hidden texts" that use the name or trademarks of TuFirma;
Not to circumvent any encryption or other security tools used in any part of the Service and the Platform, including the theft of usernames and passwords or the use of another person's username and password in order to gain access to a restricted area of the Service or the Platform.
Not to use any data mining, robots or similar tools to compile or extract data from the Platform;
Not to use any device, software or routine to circumvent any operational element or to interfere, or attempt to interfere, with the proper functioning of the Platform, the server or the activities carried out on them;
Not to take any action that imposes an unreasonable or excessive load on the Platform or its network infrastructure;
Not to use the Platform in connection with the distribution of unsolicited commercial emails or advertising.
The Platform may use its own or third-party cookies in order to allow the proper functioning of the Platform, as well as the provision of the Services. It is the User's decision to allow or not the use of cookies, but if they do not allow it, they may not have access or limited access to certain sections or functionalities of the Site or the Service.
7. Data Processing
The User accepts and expressly authorizes TuFirma to process personal data, under the terms indicated below, which will always be done in accordance with applicable law:
Personal data shall be understood to mean any information related to an identified or identifiable individual ("Personal Data").
For the purposes of this contract, Data Processing will be understood as the performance of any operation or complex of technical operations or procedures, automated or not, that allow collecting, storing, recording, organizing, preparing, selecting, extracting, comparing, interconnect, disassociate, communicate, assign, transfer, transmit or cancel personal data, or use them in any other way ("Data Processing" or "Treatment").
The Personal Data provided by the Candidates, directly or through third parties, will be used and processed in order to allow the operation of the Platform
The User will have, without any limitation, all the rights that the current law contemplates, especially those contained in Law 19,628 in its articles 12 and following, that is, the right to information, modification, cancellation or blocking of their personal data, provided that these are stored on TuFirma's servers.
The exercise of the rights indicated above will always and in any case be free, and must be processed in a reasonable time and manner, and the response must be intelligible for the User.
TuFirma must adopt reasonable security safeguards to protect personal data against risks, such as loss, unauthorized access, destruction, use, modification or disclosure of the same.
8. Declarations and special obligations
The User declares, knows, accepts and agrees, where appropriate:
In free accounts, TuFirma does not ensure the maintenance of the documentation and it is the responsibility of the user to maintain and safeguard their documentation.
That the general rule is that acts and contracts can be signed with an Electronic Signature. That notwithstanding the foregoing, the Law contemplates exceptions, so it will be the responsibility of the User to have the proper legal advice to determine the feasibility of the Electronic Signature with respect to the particular document that he wishes to subscribe. Consequently, if the User signs an act or contract excepted by law, it will be their sole responsibility.
That TuFirma does not provide legal advice, so it is the sole responsibility of the Users to have it, especially with respect to the documents, acts and contracts that will be signed through the Platform.
That the Users themselves are the ones who generate the contents, acts and contracts, which are uploaded to the Platform, without any interference from TuFirma.
That he is over 18 years of age and that he has the free administration of his assets, that is, that he can act in the sphere of law, without the ministry or authorization of third parties.
That TuFirma may send notifications and communications to Users.
That, in the event of being a legal person, it has all the legal and contractual authorizations that are necessary to sign this contract and to assume the rights and obligations that emanate from it, as well as that it acts through an agent or agents. duly authorized and with sufficient powers, representation and powers to contract legally binding rights and obligations for the legal entity or principal.
That you know the technological nature of the Site and its content and that, therefore, it is naturally and inherently exposed to interruptions and / or unavailability, which are not necessarily under the control and responsibility of TuFirma.
Given the aforementioned nature, TuFirma may, from time to time, voluntarily affect the availability of the Site. Especially but not limited to, to carry out maintenance, both preventive and corrective, to update its content, to protect the security and integrity of the Site or for similar reasons or purposes.
That, in attention to what is expressed in the preceding paragraphs, TuFirma does not guarantee continuous and uninterrupted access to the Site and / or sections thereof. In the event of interruption, TuFirma will do its best to restore the Site, without any type of obligation or liability for TuFirma.
That errors, omissions, inaccuracies and / or falsehoods in published content, as well as those supplied to TuFirma by its Users, registered or not, are the responsibility of their authors.
Any damage or harm to the User caused by failures in the Site, TuFirma software and / or its systems, which are not attributable to TuFirma, will be the responsibility of whoever causes them.
That it is the responsibility of the User to have anti-virus, firewall and / or other similar systems, which must be permanently updated, so that any damage suffered by the User attributable to the non-existence of said systems or the lack of updating or suitability, will be the responsibility of the User.
That TuFirma has the right and not the obligation to monitor the Site, therefore, it may, from time to time, follow up on any information and / or suspicious behaviors of Users, according to TuFirma's own criteria, to ensure the correct operation of the Site and to protect himself and other Users of the Site, with respect to conduct that could be fraudulent and / or infringement of the rights of the Users.
That in the event that TuFirma, in exercise of the right established in the preceding paragraph, detects the use of material protected by copyright, or receives a request from its owner or a competent authority, it will be empowered to eliminate the their systems said content.
TuFirma will not be responsible in the event of identity theft, that is, Users use personal data of third parties to create accounts in TuFirma. However, TuFirma reserves the right to randomly verify the accounts, verifying the veracity of the information.
That the person responsible for the veracity and authenticity of the information provided on third-party sites, accessible from hyperlinks on the Site, is the one who issues it. Nor can it be inferred and / or interpreted that, due to the fact that these hyperlinks are found on the pages of the Site, TuFirma is recommending said sites, their content and / or services offered therein.
That in the event that the User makes a fraudulent or fraudulent use of the Platform, or that facilitates its fraudulent or fraudulent use to third parties, TuFirma may terminate this contract early and may exercise all civil and / or criminal actions that may correspond in law.
9. Validity
This Agreement, while the Site is available, will be valid indefinitely, unless you exercise your discretion to terminate the Site, in which case Users will be duly notified by any reliable means. Similarly, the User may terminate it at any time, prior notification to TuFirma.
Notwithstanding the foregoing, TuFirma may suspend and / or terminate the Contract in advance in the event of any breach of the obligations arising from this instrument, all without the right to compensation or any payment in favor of the User.
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10. Various
If for any reason a court of competent jurisdiction or an arbitrator determines that any provision of this contract is not applicable, or is null or for any reason, ineffective, said provision will apply to the extent permitted and the other conditions of service will continue in force. . The User may not assign his contractual position or the rights arising from this contract, without the express written authorization of TuFirma.
The delay or non-exercise of a right or remedy will not be considered as a waiver.
The User will hold TuFirma harmless, including its directors, advisers, managers, workers and consultants, with respect to the actions that third parties may attempt against them, whatever their nature, on the occasion or occasion of the acts and contracts that are signed by intermediary of the Platform, as well as for the breach of the obligations of this contract. This obligation includes the costs and fees of defense in court.
11. Applicable law and exclusive jurisdiction
This Contract will be governed by the law of the Republic of Chile, without giving effect to the principles of conflict of laws.
Any difference, controversy or conflict, in relation to this contract or that for any fact related or not to this contract, that arises between the User and TuFirma, as well as its related parties, will be subject to the exclusive jurisdiction of the ordinary courts of justice with seat in the city of Santiago de Chile.
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12. Modifications of Terms
TuFirma will have the right at any time to change or modify the terms and conditions applicable to the use by the User of the platform or any part of it or impose new conditions, including, but not limited to, the incorporation of fees and charges for the use. Said changes, modifications, additions or deletions will take effect immediately after they are made known or notified, notification that can be carried out by different means, including, but not limited to, publication on www.tufirma.digital or by mail. conventional or electronic or by any other means that allows the User to receive the notification. Any use of www.tufirma.digital by the User after said notification will be considered as acceptance by the User of said changes, modifications or additions.
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Politics Of privacy
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In accordance with the provisions of Article 19 No. 4 of the Political Constitution of the Republic and the pertinent regulations of Law No. 19,628 on the protection of privacy and its subsequent modifications, the processing of personal data is carried out at www.tufirma. Digital of Tu Firma Digital SpA, hereinafter "Your Signature", is governed by the following rules:
Tu Firma ensures the confidentiality of the personal data of users who register as such on the website www.tufirma.digital using the form (s) established for that purpose. Without prejudice to its legal powers, Your Firm will only process personal data regarding those that have been voluntarily delivered by Users in the aforementioned form.
The personal data of the Users will be used for the fulfillment of the purposes indicated in the corresponding form and always within the competence and attributions of Your Firm.
The personal data of the Users will be subject to the following treatments: Terms of Law 19,628, as declared before the Database Registry maintained by the Civil Registry and Identification Service, which can be consulted at www.tufirma. digital
Your signature may communicate to other State bodies, the personal data of its users, in accordance with the provisions of Law 19,628.
Your Firm, in case of being legally required to do so, will proceed to communicate the personal data of the users that are requested.
Your signature may communicate statistical information prepared from the personal data of its users to third parties, without the express consent of the owner, when it is not possible to individually identify the owners from such data, in accordance with the law.
The User may at any time exercise the rights granted by Law No. 19,628 and its subsequent amendments. Specifically, you can:
Request information regarding the data banks for which the agency is responsible, the legal basis for their existence, their purpose, types of data stored and a description of the universe of people it comprises;
Request information about the data related to your person, its origin and recipient, the purpose of storage and the individualization of the people or organizations to which your data is regularly transmitted;
Request to modify your personal data when they are not correct or are not updated, if appropriate;
Request the elimination or cancellation of the data provided whenever you wish, as long as it is appropriate;
Request, in accordance with the provisions of Law 19,628, a copy of the altered registry in the pertinent part, if applicable; and,
Oppose your personal data to be used for statistical purposes
To exercise their rights, the User may contact the company clearly indicating their request. If you do not receive a response to your previous communication within a period of 45, you may initiate the corresponding legal actions, which must be filed against the person responsible for the treatment indicated below:
Responsible Name: Javier Hasbún
Position: Managing Director
Address and postal address: Vitacura 2939, of 301, Las Condes, Santiago, Chile
Email: javier@tufirma.digital
Regarding the collection and processing of data carried out through automated mechanisms in order to generate visitor activity records and audience records, Tu Firma may only use said information for the preparation of reports that meet the stated objectives. In no case may you carry out operations that involve associating said information with an identified or identifiable user.
For the purposes of this "Privacy Policy", User is understood to be the person who voluntarily registers at www.tufirma.digital in the forms specially established for this purpose. Meanwhile, Visitor is the person who freely accesses the information available at www.tufirma.digital without the need to previously register.