LEGAL TERMS AND GENERAL CONDITIONS OF USE OF THE XJOURNALS WEBSITE
FIRST. - GENERALITIES
This document, prepared on December 12, 2019, regulates the general terms and conditions applicable to the access and use that the User will make of the Website: https://www.XJOURNALS.COM (understood as "XJOURNALS" or "the Website” interchangeably), 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 to be all the interfaces, domains and subdomains that appear on the screen, both statically and dynamically, as well as all the elements integrated in the navigation tree (hereinafter, " Contents ") and all those online services or memories that may be offered to users (hereinafter " Services ").
XJOURNALS 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 into it. The User admits and accepts that at any time XJOURNALS may interrupt, deactivate, and cancel any of these elements that are integrated into the Website or access to them.
Access and use of the website and related or annexed content, described in this document, will be governed entirely by the laws of the Republic of Chile. Consequently, visits, as well as possible contracts or transactions that the user makes on the platform that represents the website, as well as the legal effects that these may have, are subject to the laws and jurisdiction of the courts of law of the Republic of Chile. Of importance are the application of Law No. 19,628 on the Protection of Personal Data and Law No. 19,496 on Consumer Rights.
SECOND. - INFORMATION ABOUT XJOURNALS WEBSITE
The ownership of XJOURNALS corresponds to Negocios Tecnológicos y Asesorías Ltda., RUT: 76.532.518-8; also called XIENIS® duly represented by Don Luis Eduardo Guzmán Morales. His legal status to act on behalf of the company is recorded in a Public Deed dated December 2, 2019, which was held at the notary public of Don Gonzalo de la Cuadra Fabres.
Additionally, for the purposes of any type of communication, presentation, consultation or claim related to the use or operation of the Website, or to the contracts and transactions that have been carried out, XJOURNALS proceeds to designate, by means of this act, as special representative to Mr. Rodrigo Andrés Díaz Pérez, holding the position of Executive Director, who will receive all kinds of communications to the email: firstname.lastname@example.org, as well as to the phone number: +56998796392, which will only be available for the purposes of Customer Service functions. Don Rodrigo Díaz Pérez is domiciled for these purposes at La Concepción 266 office 603, Providencia district. His legal capacity to act on behalf of the company is recorded in a Public Deed dated December 2, 2015, which was held at the notary public of Don Gonzalo de la Cuadra Fabres.
THIRD. - USER
Access to the Website, navigation and use, and to any space enabled for interactions between Users, or between it and the Website (if there are comment sections, blogging and microblogging spaces, and extensions intended for this function), will confer on people the status of "User". Therefore, it is understood that they accept the Terms and Conditions of the service present in this document from the moment of accessing the Website or its contents, as well as all kinds of future modifications that are made to the Terms and Conditions of the service, without prejudice to what a future legislation dictated in the Republic of Chile intended to regulate this type of documents, or that would be applicable to the use of Websites, could establish.
Additionally, access to the Website by the User will be free. In this case, the user will view associated advertising, without the user having to pay to access the site or its contents, beyond the cost of the Internet connection, where appropriate.
The acceptance of these Terms and Conditions at the time of registration by the User will be a necessary requirement for the use of the Website. It will also be a requirement to carry out transactions and contract services offered in this way. Additionally, the User must designate an access key or password.
These Terms and Conditions will be understood and accepted by the mere fact of registering the User, an act in which an express declaration by the User about the knowledge of these conditions of use will be included.
The registration of the User will be effective when he subscribes to the Website. To do this, you must complete a form with your personal data. By following these steps, an email confirming your registration will be sent to your email and you must access the link that will be shared to make your subscription to the Website effective. By means of subscription, the User accepts the terms established by the Website for the delivery of services.
Once registered, the User will have at his disposal a username and a password or secret key, through which they will not only be able to enter the Website and have access to its contents, but also personalized, confidential and secure access. The User will have the possibility to change their password or secret key, for which there will be a regulated procedure within the Website and its structure.
The User fully assumes his responsibility for maintaining the confidentiality of his password or secret key registered on the Website. Said password or key is for personal use, therefore its voluntary delivery to third parties by the User does not carry any type of responsibility on the part of XJOURNALS, nor its affiliates and representatives, in case of malicious use.
XJOURNALS provides the User with a service characterized 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 be extended, non-exhaustively, to:
a.- Use the information, Contents and / or Services and data offered by XJOURNALS, without being contrary to these Terms and Conditions, as well as to the Chilean Legal Order and to the Moral and Public Order, or that in any other way could entail the violation of third party rights, or the normal operation and operations of the Website.
b.- The veracity and legality of the data and information provided by the User in the registration forms present on the Website. In any case, the User will immediately notify XJOURNALS about any fact related to the improper use of information registered in said forms, such as, but not only, theft, loss, or unauthorized access to identifiers and / or passwords. , in order to proceed with its immediate cancellation.
XJOURNALS reserves the right to withdraw all those comments and interactions emanating from Users that violate the law, respect for dignity and / or the person, that are discriminatory based on race, nationality, sex, sexual orientation, lineage or condition. Also those interactions that contain pornographic content, or that constitute messages known as "spam", or that threaten youth or childhood, order, or public safety or that, in the opinion of XJOURNALS, are not appropriate for the Website.
In any case, XJOURNALS is not responsible for the opinions of any kind, issued by Users through comments or blogging or microblogging tools or extensions.
Simple access to XJOURNALS does not imply a commercial relationship between XJOURNALS and the User.
The Website does not require a minimum age to access its Content and Services; therefore, these Terms and Conditions will apply without distinction to all Users of the Website who comply with the provisions of this document.
Even so, the legal capacity rules 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, he must abstain from using the Contents and Services that require this capacity. XJOURNALS may, at any time, temporarily or definitively, suspend the participation of users over whom it is verified that they lack the legal capacity to use the Services and Contents that require it, or that provide false, inaccurate or fraudulent information to the Site Web.
The XJOURNALS Website is mainly aimed at Users residing in the Republic of Chile. XJOURNALS does not guarantee 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 at his own risk, ensuring that such access and navigation complies with the provisions of the local legislation that is applicable to him, XJOURNALS is not assuming any responsibility that may derive from said access.
FOURTH. - RIGHTS AND GUARANTEES OF THE USER OF THE SITE
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 to information, rectification and cancellation of personal data in accordance with Law No. 19,628 on the protection of personal data.
Right of Withdrawal.
The User will have a deadline of 10 days to terminate the contract concluded by electronic means from the time he receives the product, or from the time he contracts the Service, before it is provided or has access to Content.
The exercise of this right must use the same means used to celebrate the contract, and always that XJOURNALS had sent communication to the User, informing the completion of the contract and delivering a copy of it. Also, as clear and unequivocal access to the General Terms and Conditions and the possibility of keeping or printing said documents.
If XJOURNALS has not fully complied with the provisions of the preceding paragraphs of this section, the period that the User has to complete the contract will be extended to 90 days.
This right may not be exercised when the property, subject of the contract, has deteriorated due to a fact attributable to the User.
If the Service was obtained by means of a credit, this will be null and void, but the interest shall be borne by the User when it has been granted by a third party.
XJOURNALS is obliged to return the sums paid, without withholding expenses, as soon as possible and, in any case, within 65 days of communication of the retraction.
FIFTH. - CONTRACTING
To make purchases and/or contract services on the Website, the following steps must be followed clicking where appropriate:
- To start the contracting process, it’s necessary to confirm that you have read and accepted these Terms and Conditions.
- Select the product or service of interest and add it to the "Shopping Cart", or some similar option with similar names ("Basket", "Shopping trolley", to name a few).
- Login to the site with your email and password. If you are not registered and if you wish to do so, use the icon and menu that corresponds to this option.
- Select the shipping and delivery modality among the alternatives available on the site (link with the available alternatives). In the event that there are no available alternatives, follow the instructions for delivery according to what is indicated on the site.
- Select the payment method.
- Once the purchase or service order has been placed, the following information will be displayed on the screen, which must appear before the payment method is selected:
- Description of the purchased product or contracted service.
- Price of the product or service.
- Indication of the shipping cost, where applicable.
- Delivery date of the purchased product, according to the type of delivery chosen; or start date of the contracted service.
- Payment method to be chosen by the user.
- Total value of the transaction.
- Other conditions of the product or service order purchased.
- Possibility of printing and keeping the order, by the User.
- Unique identification number of the order, with which the User can track it online, or use it to identify it at the time of delivery or retirement.
- Sending the information to the email registered by the User.
- The order will then be automatically sent to an identity confirmation process, which will always safeguard the user's security and privacy and the process of hiring, availability, validity and capacity of the payment method that has been selected.
- Once the above has been fulfilled, the contract will be perfected, the charge being made in the selected payment method. Subsequently, the purchase receipt will be sent with the corresponding ballot or invoice in electronic format and the product will be dispatched, according to the selected delivery mode.
- The buyer will not be affected in his rights nor will he be charged, without his identity being confirmed.
SIXTH. - PAYMENT METHODS
Unless a different method is indicated for specific cases or offers, the products and services that are reported and traded on this site may only be paid for through:
Bank credit card: Visa, Mastercard, Dinners Club International, American Express or other authorized and validly issued in Chile or abroad, as long as they maintain a current contact for this purpose with XJOURNALS.
Bank transfer, which will be made to an account which XJOURNALS maintains in Chile, and that I will be provided when it is necessary.
Other payment methods that may be announced and accepted in the future, which will be duly informed by the corresponding channels and conduits.
The User declares that he understands that these methods or payment portals are owned by third-party companies or providers of these services, independent and not linked to XJOURNALS, therefore the continuity of their provision of services over time, as well as the correct operation of their online payment tools and buttons are the sole responsibility of the providers of these services and in no case of XJOURNALS.
SEVENTH. - RESPONSIBILITY
XJOURNALS will not respond, in any case, for the following events:
- The improper use that Users or visitors to the Website make of the stored content, or the products they acquire in it, as well as the industrial or intellectual property rights contained in the Website, or in the products or services.
- Damages, specific or eventual, caused to Users derived from the operation of the Website's search tools, as well as errors generated by technical elements of the Site or the search engine.
- Content of Websites that Users can access with or without authorization from XJOURNALS.
- Forfeiture, misuse or unauthorized use of the password or validation codes, either by the User or by a third party, in the manner expressed in these Terms and Conditions. In the same way, the parties acknowledge and record that the computer support provided by XJOURNALS is not infallible, therefore, circumstances beyond the control of XJOURNALS may be verified that may cause the Website or its platform not to be operational during a certain period of time.
- Information referring to XJOURNALS that is found on different or non-XJOURNALS Websites.
In the event of any of these assumptions, XJOURNALS will take all measures to reestablish the proper functioning of the Website and its communication system as soon as possible, without being held liable for any of this.
XJOURNALS doesn’t guarantee availability or continuity of operation of the Website, nor that at any time Users can access this or any promotions and offers that are available.
XJOURNALS 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 types of property of the Users. XJOURNALS will not be liable for damages caused to the User, derived from the improper use of the technologies and platforms made available to them, whatever the way in which these technological elements are used improperly. Likewise, XJOURNALS will not be liable for damages caused by the improper use or bad faith of the Users when using XJOURNALS.
However, in the event of a double payment by any User on the Website, XJOURNALS will make the full refund of the amount of the overpayment, within 30 days of receipt of the corresponding claim made by the User or their representatives, which must have an annex that includes the original payment vouchers corresponding to the overpayment made.
At the time of registration, login, to carry out transfers and to communicate, XJOURNALS uses digital security certificates (SSL), to encrypt the information.
EIGHTH. - DATA SECURITY POLICY
XJOURNALS will adopt all the necessary measures to protect the data of Users and secret key, such as information encryption systems, security certificates and other similar or equivalent that XJOURNALS considered prudent for these purposes. In the event of changes made by the User in the information registered or entered on the Website, or in the event of the detection of any type of irregularity attributable to the User related to the information provided or with transfers made by the User, thus As with everything related to identification in them or the use of payment methods or simply as a measure of identity protection, the Website staff will contact the User, either by phone or email, to corroborate data and information, and to avoid the existence of possible fraud.
In the event of not establishing contact within 72 hours, and thinking of the user's safety, any purchase of a product or contracting a service will not be confirmed. The User will be informed by telephone or email of the fact that they have been left without effects, because of not having been able to verify their identity or the means of payment used. Additionally, the vouchers that correspond to the steps taken to try to contact the User in order to confirm the transaction, will be available to the latter for a period of 30 days, in case the User wants to confirm the purchase or contract. Additional questions can be asked through the contact routes to the Website established in the paragraph related to Website Information, present in this document of Terms and Conditions, or by the mail email@example.com
With all of the above, Users are fully responsible for the loss, misuse or unauthorized use of the product or service purchased or contracted, whether they or third parties incur in the events described above, after making a purchase or service contracting following the form stipulated in these Terms and Conditions.
By accessing the XJOURNALS Website, Users or visitors guarantee that the information they provide to enter or to purchase products or contract services is truthful, complete, accurate and updated.
In accordance with the provisions of Law No. 19,628 on the Protection of Personal Data, information of this type that is supplied to the Website, becomes part of a database belonging to XJOURNALS and will be available solely and exclusively for the purposes that motivated their surrender, especially for communication between XJOURNALS and users, validate specific data for purchases or contracting services, specify dispatches, and answer queries. These data will never be communicated or shared with other companies without the express authorization of their owner (the User), nor will they be transferred internationally.
XJOURNALS will never request Users to deliver personal or financial data via email.
XJOURNALS presumes that the data entered by Users or by people authorized by them are correct and accurate. Users, by accepting these Terms and Conditions, express their agreement that the personal data provided by filling in forms present in XJOURNALS, can be used later for the preparation and sending of offers that may differ from those offered on the Website.
Notwithstanding the foregoing, XJOURNALS guarantees to all 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 rights, which will be answered by XJOURNALS within a period not exceeding 15 calendar days.
Users, as manual recipients of electronic documents as established in Exempt Resolution No. 11 of February 14, 2003, issued by the Servicio de Impuestos Internos, which establishes the procedure so that taxpayers authorized to issue electronic documents can also perform sending them by these same means to the manual receivers; declare and accept that, by approving these Terms and Conditions, they authorize XJOURNALS, represented by Negocios Tecnológicos y Aseosrías Ltda., RUT: 76532518-8; duly represented by Partner - Commercial Director, Mr. Luis Eduardo Guzmán, National Identity Card number: 12921722-7, so that the tax document corresponding to the transaction for the purchase of a product or the contracting of a service, is share only through electronic means. Likewise, it’s authorized that the notice of publication of the tax document be sent to Users by email.
In accordance with the regulations, and in the event that the User needs to back up his accounting information, he will assume, in relation to the aforementioned tax documents, the following obligations:
- Print the documents received electronically, for each tax period, immediately after receiving them from the issuer.
- Print the document in original size and shape.
- Use original white paper of minimum size 21.5 cm x 14 cm (half letter) and maximum size 21.5 cm x 33 cm (legal).
- Print in a quality that ensures the legibility of the document for at least six years, as established by current legislation. Printing will be carried out using laser or inkjet methods, unless a different method is established by future legislation or regulations on the matter.
NINTH. - INTELLECTUAL PROPERTY AND RIGHTS RESERVED
All rights present on the Website, including intellectual property, with respect to the Website itself, pages and other types of content, such as, without limitation, texts of all kinds, graphic or audiovisual material (including, but not limited to images, audio and video clips), logos, icons of all kinds, downloadable material and content, data and information collections and page source codes, are the property of XJOURNALS.
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 the property of XJOURNALS and improper use and reproduction for commercial purposes without prior authorization is prohibited, and its use is also prohibited in any way that could discredit or negatively affect XJOURNALS.
XJOURNALS proprietary marks are registered with the Instituto Nacional de Propiedad Industrial (INAPI) at the following registration numbers:
XIENIS is a registered trademark owner of XJOURNALS, Published on September 13, 2019.
Any other registered trademark that has a presence on the website and their rights are not owned by XJOURNALS, will belong to their due owners.
TENTH. - COMMUNICATIONS
XJOURNALS undertakes, in case 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, that the aforementioned communication will contain at least the following information:
- Identification of the type of message, making clear to the User the type of information in question, 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 reported first (telephone communication by voice or text).
- Existence of the consumer's right, recognized by Chilean regulations, related to the power that the User has to request the cessation of this type of messages by XJOURNALS. At the same time, the obligation on the part of XJOURNALS to suspend the sending of information in case of receiving the request from the User is recognized.
- The guarantee of an expedited, simple and effective process in case the User wants to make the request, for which the XJOURNALS may require some type of information prior to carrying it out.
- In the case of advertising or promotions from external sites, or from companies, companies or brands associated with XJOURNALS, the message will contain the information necessary to identify the advertiser, including their 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 made by the companies of each promotion.