“Empresas Copec” Website

Terms and Conditions of Use


Introduction

The following general conditions of use, hereinafter the “Terms and Conditions of Use”, shall apply to users, hereinafter indistinctly the “User” or “Users”, as appropriate, who access the Internet portal of Empresas Copec SA, hereinafter “Empresas Copec” or the “Company”, hereinafter indistinctly the “Website”. If you do not agree with these Terms and Conditions of Use, you may not access this website.

The access and use of this website is governed by the terms and conditions set out below, and by the law applicable in the Republic of Chile. Therefore, all visits to this Website, as well as their legal effects, will be governed by these rules and subject to that law.

Copec reserves the right to prevent and/or limit, temporarily or permanently, general access, as well as private access to all or part of its Website, without having to give any reason.

Empresas Copec reserves the right to periodically review and modify these Terms and Conditions of Use, producing such modifications legal effects from the business day immediately following the date of publication of the modification on the Website.

 

1.- Veracity of information

All information provided by the User to Empresas Copec, by any means, must be accurate, truthful, complete and up to date.

For this purpose, the User guarantees the veracity of all the data provided to Empresas Copec, as a result of filling out the contact form on the Website. Similarly, it will be the User’s responsibility to keep all the information provided to Empresas Copec permanently updated so that it responds, at all times, to its real situation.

Empresas Copec may temporarily suspend access to the Website or the right to use its services on the Internet, when in doubt about the truthfulness, accuracy or updating of the information provided by a User, as long as the information provided has not been confirmed by him/her. The User will be solely responsible for the false or inaccurate statements made, and for the damages that may be caused, to Empresas Copec or to third parties, for the inaccurate information provided.

 

2.- Use of cookies

In order to deliver better service conditions, Empresas Copec uses “cookie technology” (hereinafter “technology” or “cookies”). This technology basically consists of the set of software elements that are incorporated into the browser (set of hardware and software or program for access any web service) to enable the server that has one or more web pages and that is visited by a User to store and remember traffic data or information about users. This in order to analyze this data and information and thus facilitate browsing or user interaction with a website or portal on the Internet.

Empresas Copec uses the aforementioned technology for easy web browsing, and gathering information for statistical and marketing purposes. This use of “cookie technology” also delivers a better browsing experience, thus avoiding, for example, sudden interruptions of browsing, system crashes, sudden logging out from sessions and also, as an example, it allows for faster and more efficient browsing considering that the aforementioned technology allows “saving” the User’s profile and therefore remembering their preferences and accelerating the User’s access to the required information. It is noted that this technology is not used by Empresas Copec to read other data stored on the hard disk of Users who access the Website, nor to read cookie files created by other Internet service providers.

By accessing the Website, the User fully accepts these Terms and Conditions of Use, including the use of cookies by Empresas Copec.

In the event that the Website contains advertising, banners, pop-ups, links and equivalents of other subsidiaries and/or companies related to Empresas Copec or totally independent from Empresas Copec, those websites’ navigation will be exclusively governed by the specific Terms and Conditions of the websites of those companies. It is also established that when the User visits any page of those companies, he/she will have “left Empresas Copec Website”.

It is the User’s responsibility to consult the instructions of his/her browsing system, especially in relation to privacy settings and policies, where you can choose the functionality that communicates the existence of cookies and/or prevents cookies to be installed, if it is the User’s wish. However, it should be noted that without cookies the User may not have access to certain features of Empresas Copec Website or may not navigate optimally.

 

3.- Personal data

Empresas Copec is concerned about protecting its Users’ personal data, therefore, it ensures that its processing will be carried out strictly in compliance with current laws. Empresas Copec will take several technical measures in order to ensure an appropriate level of security to avoid, as far as possible, alteration, loss, treatment or unauthorized access to the data.

By accepting these Terms and Conditions, the User authorizes Empresas Copec, in accordance with the provisions of article 4 of Law No. 19.628, to the processing of their personal data by Empresas Copec and its related companies, subsidiaries or parent companies for statistical purposes, marketing, send offers and promotions and in order to provide Users with information and/or benefits of Empresas Copec. The aforementioned personal data may, in specific cases, be communicated to third parties, in order to fulfill the aforementioned purposes.

The User who does not wish to continue receiving advertising or marketing messages, may request, through the same means by which the message was sent, the removal of his/her name and email address.

In addition, the User may at any time request through the Website, the complete information about him/her and the rectification, deletion and/or cancellation of his/her data, in accordance with Law No. 19.628.

Empresas Copec reserves the right to request information from its Users, through surveys and questionnaires, from time to time or periodically, on a general or individual basis. Participation in these questions, surveys and questionnaires will be totally voluntary, and the User therefore has a choice whether or not to complete and answer them and whether or not to disclose the information requested. The survey will be exclusively used to improve User satisfaction, conversion and website performance. In case of communicating the results of the survey, any signal that identifies the User will be omitted.

 

4.- Intellectual and industrial property

All the contents of the Website (including without limitation brands, logos, trade names, images, photographs, illustrations, icons, texts, source codes, designs, graphics, sounds, databases, flowcharts, “look-and-feel”, audio, video or any other content element), are the exclusive property of Empresas Copec and are protected by intellectual and industrial property rights. Similarly, Empresas Copec has the rights, permissions and licenses necessary to upload some third-party content to its Website.

The User may, at his/her own risk, use, view, print, download the contents and elements inserted in the Website, provided he/she does so exclusively for his personal, private and non-profit use, and provided that this does not infringe the intellectual or industrial property rights of Empresas Copec, its subsidiaries and associates, suppliers, or third parties.

The User may not exploit, use commercially, sell, reproduce, distribute, modify, publish, copy, communicate totally or partially or carry out any other similar activity, with the contents of the Website. Nor can he/she link his/her own site with Empresas Copec Website.

Access to Empresas Copec Website does not grant the User any right, other than the right to “browse” the site and to be informed of its content. Browsing by the User does not constitute in any case the granting by Empresas Copec of a right of license, right or authorization of use of any kind on the rights of industrial and intellectual property of Empresas Copec.

Empresas Copec reserves the right to limit and even terminate, without expressing the cause, the User’s right to access the Website.

It is expressly stated that any element of content, including articles, publications, news and information published, displayed, transmitted or communicated on the Website, will be the responsibility of its author or the person who provided them in accordance with the laws on intellectual and industrial property.

Empresas Copec owns the industrial property rights related to its products and services, as well as those related to registered trademarks and/or their domain names, such as “Empresascopec.cl”.

The Website may contain links and/or references to sites of third-party manufacturers, producers and/or suppliers of goods and/or services. Empresas Copec acknowledges in favor of their owners the corresponding industrial and intellectual property rights, and their mere mention or appearance on the website does not imply the existence of any rights or liability whatsoever over them by Empresas Copec. Empresas Copec does not recommend or endorse any product or service offered on these sites, and Empresas Copec is not responsible for security or privacy practices, or their content and availability.

 

5.- Website

The User is obliged to use the Website and Internet services in accordance with current laws and these Terms and Conditions of Use, and must be used consistently with the requirements imposed by public order, morality, generally accepted good customs and mainly the respect of third parties.

For this purpose, the User undertakes not to use the Website and/or its services on the Internet in a manner that is detrimental to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent normal use of the Website and services, computer equipment or documents, files and all kinds of content stored in any computer equipment of Empresas Copec, other Users or any Internet user.

Among other obligations, in an exemplary manner and without implying any limitation, the User is prohibited from:

  • Reproducing, copying, distributing or allowing access to the public the Website through any form of public communication, transforming or modifying the contents of the Website;
  • Deleting, circumventing or manipulating the intellectual and industrial property right and other data identifying the rights of Empresas Copec or other owners, incorporated into the Website, as well as technical protection devices, fingerprints, biometric authentication measures or any information mechanisms that may contain and/or request the website;
  • Executing, inducing or promoting criminal, denigrating, defamatory acts, or that in general are contrary to law, morality, public order or national security, or that are discriminatory on grounds of sex, race, religion, beliefs, age or condition;
  • Not respecting the privacy of the Users;
    Using the Website for commercial purposes, including the promotion of any good or service;
  • Obstruct, hinder, restrict or limit in any way the use of the Website by other Users; and,
  • Providing information that is not accurate, true, complete and up-to-date or that in any way damage Empresas Copec or third parties.

 

6.- Liability

Empresas Copec may modify, replace, discontinue or remove, without prior notice, any of the contents and/or functionalities offered on the Website and/or its contents on the Internet. Empresas Copec may exercise this power both with respect to the contents directly authorized by Empresas Copec, and with respect to the contents and services enabled by third parties through Empresas Copec Website.

Empresas Copec does not control, qualify or censor in advance the use of the Website by the User, but in case of determining that the User is accessing the Website with a purpose other than the one that served as the basis for its creation, or is found in breach of these Terms and Conditions of Use and/or legal provisions, Empresas Copec may suspend or revoke, totally or partially, and immediately, access to the Website and/or the right to access its contents on the Internet. The revocation may entail the removal of the information that the User would have stored when making use of the service, the deletion of possible access codes created and the exclusion of the User from the corresponding records.

When possible, Empresas Copec will inform the User beforehand about these measures. Without being stringent, it will be understood that there is no possibility of previously informing about these measures, in cases of force majeure such as when requested by a competent authority, or when the previous information becomes inoperative or reduces de effectiveness of the measure.

Given the special nature of the Internet, which is based on the operation of computer programs and equipment, and telecommunication networks, which are continually at risk of interruptions, errors, failures, congestion, unauthorized interventions or obsolescence, Empresas Copec does not guarantee nor can it guarantee:

  • The usefulness of the Website and its contents on the Internet for the performance of any activity;
  • That the Website and/or its contents on the Internet are free from failures;
  • That Users can effectively use the sites and contents and/or access the different pages that make up the Website;
  • That the functional aspects of the Website and/or the contents on the Internet, or that the servers and systems through which they are offered are free of error or computer virus, or any other element of a harmful nature;
  • Privacy and security in the use of the Website and its contents;
  • That unauthorized third parties do not access the Website or its contents;
  • That unauthorized third parties do not know the conditions, characteristics or circumstances of the use that the User makes of the Website and its contents; and,
  • The accuracy, integrity, reliability or validity of the material, connections or the result obtained from the use of the Website.

Empresas Copec Website may contain links to sites owned by third parties and may eventually provide third party material from their sites. Empresas Copec is not liable for the functionality, effectiveness of the services and for the contents of those sites other than its own website.

Empresas Copec is not liable:

  • For claims, losses, actions, damages, lawsuits or procedures that arise or are related in any way as a result of links to third party sites. This disclaimer extends to links to sites owned by third parties, where any type of transaction is made between and/or through the User and the third party responsible for the site;
  • For the damages that may arise from the lack of availability or accessibility to the Website or to those other sites with which a link has been established;
  • For any damages that may result from the interruption in the operation of the Website or computer failures, interferences, interruptions, omissions, telephone faults, disconnections, delays or blockages caused by deficiencies or overloading on telephone lines, the Internet system or other electronic systems produced in the course of its operation, or for any other cause beyond Empresas Copec control;
  • For damages that may result from problems or malfunctions resulting from maintenance, development or improvement of the systems;
  • For the damages and losses resulting from the lack of suitability of the Website for the specific needs of the Users;
  • For damages caused by security or browsing errors caused by a malfunction of the browser or by the use of outdated versions thereof;
  • For damages resulting from viruses or other malicious elements of any kind; and,
  • Other damages that may be caused by third parties through unauthorized interference beyond the control of Empresas Copec.

In addition, Empresas Copec will not be held liable for damages that may result from: (i) the inadequacy for any end and the non-fulfillment of expectations generated by the contents; and, (ii) the decisions or actions taken or avoided by the User relying on the information or data furnished or provided, including without limitation the loss of earnings or investment potential.

Empresas Copec will not be held liable for any third-party Website under the appearance or distinctive signs of Empresas Copec, its affiliates or related parties, unless expressly authorized and so mentioned on the respective website.

Empresas Copec reserves the right to exercise all the actions that by law correspond to demand the responsibilities derived from the breach of any of the provisions of these Terms and Conditions of Use of the Website.

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