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These terms and conditions of Contract (hereinafter the "Terms and Conditions") govern the relationship between User and LIRMI CHILE SpA, an existing company duly constituted in accordance with the laws of the Republic of Chile, (hereinafter " LIRMI ”or the“ Developer ”and together with the User, the“ Parties ”) in relation to the services available to the User through its website http://www.lirmi.com (hereinafter, the“ Site Web ”) or its [mobile application called“ LIRMI ”] (hereinafter the“ Mobile Application ”and together with the Website, the“ Platforms ”).

 

  1. Acceptance of the Terms and Conditions.

1.1 The natural person who by this act accepts these Terms and Conditions (the "Representative") declares to be duly empowered to contract the Services, described below, on behalf of the User. Notwithstanding the foregoing, LIRMI will have the right to demand proper legal status at any time during the term of this contract. If it is proven that the representative's legal status does not exist or is insufficient, such situation will give LIRMI the right to suspend or terminate this electronic contracting ipso facto.

 

1.2 By using the Platforms, the User expressly declares to be in agreement with and be bound by all of these Terms and Conditions, the other documents incorporated into them by reference.

 

THESE TERMS AND CONDITIONS ARE OBLIGATORY AND BINDING FOR THE USER, SO IF THE USER DOES NOT ACCEPT THEM, THEY MUST REFRAIN FROM USING, DOWNLOADING AND / OR VISITING THE PLATFORMS AND / OR ANY OTHER SERVICE THAT THE USER OFFERS.

 

THESE TERMS AND CONDITIONS ARE OBLIGATORY AND BINDING FOR THE USER, SO IF THE USER DOES NOT ACCEPT THEM, THEY MUST REFRAIN FROM USING, DOWNLOADING AND / OR VISITING THE PLATFORMS AND / OR ANY OTHER SERVICE THAT THE USER OFFERS.

 

1.3 The Developer will send the User a copy of these Terms and Conditions to the email registered by the latter on the Platforms, in order for the User to have the possibility of storing and printing them, as well as obtaining a written confirmation of the contracting the Services.

 

1.4 In the event that the User violates what is expressed in these terms and conditions, the Developer may cancel its use, as well as exclude the User from future uses or contracts, and / or take the legal action that it deems appropriate for their interests.

 

  1. Scope of services.

2.1 The services offered by the Platforms will be intended to be used by school education institutions in the Republic of Chile, through duly authorized representatives, officials, teachers, executives or directors. In consideration of the above, the User declares to be expressly authorized to contract the services described below.

2.2 By registering as such on the Website and / or its Mobile Application, the User may access an electronic platform that aims to facilitate the administration and management of a school institution (the "Software") that allows, among other functions, to plan curricularly the school year; review tests automatically, improve institutional and pedagogical practices, deliver results in real time to proxies, among other functionality offered on the Platform (hereinafter, the "Services"). 

2.3 For the proper use of the Services, the User must have the following types of accounts.

  1. Administrator Account: There may only be one Administrator Account per User, which will have access to all the functionality of the Software, and which in turn will be able to create, manage and delete additional accounts with limited or restricted profiles of the Software (the "Accounts of Official ") intended to be used by directors, teachers or officials of the User. All types of notification or communication between LIRMI and the User must be made through this account.
  2. Official Account: There may be one or more Official Accounts, which will be available to be used by the different directors, teachers or officials of the User, and which must necessarily be enabled through the Administrator Account.
  3. Developer Liability Exclusion.

The Developer is not responsible for:

 

  1. The information provided by the User in his User Account, consisting of data, texts, audios, videos, images and any other content entered into the Software by the User; and

 

  1. The creation of false or incomplete profiles.

 

 

  1. Special requirements.

4.1 To contract the Services, the User will need to create an Administrator Account, as well as having the technical capacity and sufficient networks for the proper use of the Software.

 

4.2 For its part, the implementation of the Services will be carried out autonomously by each school institution, who will define an internal administrator of the Platform, who will be guided step by step from the same platform through explanatory tutorials through the Account of Administrator. 

 

  1. User Account. 

5.1 The Administrator Account is unique and non-transferable. 

5.2 Through the Administrator Account, he may connect to the Software and use the contracted Services, as well as create, manage and delete an Official Account.

5.3 It will be an essential requirement of each person who uses accounts associated with the User to maintain the confidentiality of said accounts, as well as the credentials and any password created by the latter necessary to use the Software. In the event that the User considers that there was an unauthorized use of the credentials or passwords of any type of account associated with this, they must immediately notify the Developer. 

5.4 The User may only have one Administrator Account. In the event that the Developer detects different Administrator Accounts that contain matching or related data, he may cancel, suspend or disable them, at his sole discretion. 

5.5. The User will be responsible for all the operations carried out from his Administrator Account. The sale, assignment, transfer or transmission of any type of account associated with the User under any title, be it onerous or free, is prohibited; copy or reproduce any portion, feature, function or user interface of the Software; hamper or disrupt the integrity or performance of the Software; use the Software to upload, send or store data provided by the User that is obscene, intimidating, defamatory or of an illegal or criminal nature; violate the privacy rights of any third party; infringe or misuse intellectual property rights; use the Software to interfere with or damage a third party's system or environment; access the Software to create a competitive product or service; publicly display (on social networks or in any other medium) content delivered through the Platforms, or reverse engineer the Software.

5.6 The User is responsible for complying with all the terms of use of any software, content, service or website that uploads, creates or accesses through the use of the Software.





  1. Validity. 

6.1 All commercial plans for which the Services are contracted will have a duration according to the service contract.

 

6.2 Notwithstanding the foregoing, the Services may be terminated at any time by the User, as long as the latter has turned off at least 70% of the contracted business plan.

 

6.3 The User will not have the right to withdraw, once the Services have been contracted.

 

  1. License.

7.1 To the extent that the platform provides the Services, the User is granted a non-exclusive and non-transferable license to use the Software, which will remain valid for the entire term of the contract. Unless established in writing, the User may only use the Software to use the Services provided by the Platform and not for its subsequent commercialization. 

 

7.2 The User may in no case make a copy or adaptation of the Software, it being expressly prohibited to reverse engineer, disassemble, decipher, decompile or create other derivative works of the Software.

 

  1. Processing of personal data..

8.1 The User data collected by LIRMI during the use of the Services will be treated by the latter in accordance with the following Privacy Policies.

 

8.2 For these purposes, the Developer declares to have previously and duly instructed the natural persons who will have access to the Software of its use through any type of account, as well as maintaining confidentiality agreements with each of them, so that said information does not It may be disclosed to third parties without the User's authorization.

 

  1. Responsibility. 

9.1 The User's access to the Platforms does not imply for LIRMI, the obligation to inform, control or take any action regarding the absence or presence of viruses, worms or any other harmful computer element that could affect the electronic devices used by the User. In consideration of the foregoing, the User may not impute any responsibility to LIRMI, nor demand compensation under any circumstances, for damages resulting from technical difficulties or failures in the systems or on the internet.

 

9.2 LIRMI does not guarantee continued and uninterrupted access and use of the Website and / or its Mobile Application. The Platforms may eventually be unavailable due to technical difficulties or internet failures, or due to any other circumstance beyond and not attributable to the Developer; In such cases, an attempt will be made to restore the Services as quickly as possible without any kind of responsibility being attributed to the Developer. In any case, it is the User's responsibility to have adequate tools available for the detection and disinfection of harmful computer programs.

 

9.3 LIRMI is not responsible for damages of any kind caused to the User due to failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Services on the Platforms during the provision of these Services or even with previous character. 

 

9.4 Illegal or unauthorized use in accordance with these Terms and Conditions of the Platforms will be investigated and LIRMI will take the corresponding legal actions.

 

9.5 The User in this act undertakes to indemnify and relieve LIRMI and its subsidiaries, parent, shareholders, directors, employees, officials, advisors and agents from any type of actions, procedures, responsibilities, demands, claims, losses. , responsibilities, damages, costs, damages, expenses and costs, as well as the expenses, costs and fees of lawyers and external advisers that are derived or are related to the violation by the User of these Terms and Conditions. 

  1. Website content 

10.1 The content, organization, graphics, design, compilation and other aspects of the Platforms and / or the Software belong to the Developer and according to them are protected by Industrial and Intellectual Property laws. The copying, redistribution, use or publication of any of such matters or parts that any User makes is prohibited, and will be sanctioned as provided by law. The publication or transmission of the information or documents on the Platforms does not constitute a waiver of any right related to such documents or information.

 

10.2 The access, printing, downloading or transmission of any content, graphics, images, logos, forms or documents from the Platforms, grant the User only the limited and non-exclusive right for their own use, but in no case may they proceed to their reproduction, republication, distribution, assignment, sublicense, sale or any other use.

 

10.3 The Developer expressly reserves the exercise of all actions, both civil and criminal, aimed at safeguarding its legitimate intellectual and industrial property rights.

 

10.4 [LIRMI does not presume that the Content of its page can be legally viewed outside the Republic of Chile (hereinafter, the "Territory"). Access to content may not be legal for certain people or in certain countries. If the User has access to the content from outside the Territory, he does so at his own risk and is responsible for compliance with the laws within the jurisdiction in which the User is located.]

 

10.5 The Website contains links to third party websites. These links are provided solely as an advantage of the User Platforms and do not imply that LIRMI has approved the content of such third party websites. LIRMI is not responsible for the content of linked third party websites and does not make any representations regarding the content or the accuracy of the material on such third party sites. If the User decides to have access to the websites of third parties through these links, he does so at his own risk and responsibility. 

 

10.6 LIRMI reserves the right to suspend the use of any User who performs acts that contravene this section, being especially prohibited (a) accessing data to which the User is not authorized to use or log in to a server or an account. for which the User does not have authorized access; (b) attempt to examine, scan or test the vulnerability of a computer system or network or breach security or authentication measures without proper authorization; (c) attempt to interfere with the use of any other User, hosting service or network, including, without limitation, transmitting a virus to the Website or to LIRMI's affiliated websites; (d) cause a saturation of said sites through "flooding", "sending unwanted mail" ("spamming"), "mail bombing" ("mailbombing") or "generating failures" (" crashing "); (e) sending unsolicited emails, including promotions and / or advertising of products or services, or; (f) falsify any TCP / IP packet header or any part of the header information in any email or newsgroup posting. 

 

10.7 Lirmi does not use your personal information on google, does not share or record it, nor does it use user search as a source of knowledge on topics of interest, commercial or similar. By accepting these terms and conditions, the user accepts that he has read and accepted the terms and conditions of Google and YouTube.

  1. Responsibility for information entered by Users

11.1 Through the use of the Platforms, the Developer makes available to Users a Software that allows them to enter different data, texts or images to better use the Services

 

IN CONSIDERATION OF THE ABOVE LIRMI DOES NOT HAVE ANY OWNERSHIP RELATIONSHIP ON THE DATA USED ON THE PLATFORMS, SO IT IS NOT RESPONSIBLE FOR, NOR DOES IT GIVE ANY WARRANTY FOR ITS CONTENTS. ACCORDINGLY, ALL CONTENT AND INFORMATION PROVIDED BY USERS, INCLUDING BUT NOT LIMITED TO TEXTS, ILLUSTRATIONS, FILES, IMAGES, PROOF, ASSISTANCE BOOKS, RECORDS, REPORTS, CURRICULAR MESH, INFORMATION, CONTENT, WALLS, INFORMATION, CONTENT PRODUCTS, SERVICES, URL ADDRESSES, TECHNOLOGY, DOCUMENTATION AND INTERACTIVE ELEMENTS (COLLECTIVELY, THE "PUBLICATIONS"), SHALL BE YOUR EXCLUSIVE RESPONSIBILITY. THEREFORE, LIRMI SHALL IN NO EVENT BE LIABLE FOR THE DAMAGES OR OFFENSES THAT THE USER MAY COMMIT SUCH COMMUNICATIONS, ESPECIALLY FOR VIOLATIONS TO THE INTELLECTUAL OR INDUSTRIAL PROPERTY OF DIFFERENT TRADEMARKS OR THIRD PARTIES.

 

11.2 LIRMI does not have the ability to verify that all the information published by its Users is true or complete, so each User who wishes to become aware of or share the Publications of other Users of the Platforms, must verify by their own means that they are accurate. and enough.

 

  1. Modification of the Terms and Conditions.

LIRMI reserves the right to modify these Terms and Conditions at any time, in accordance with the provisions of this clause. If you make any changes to them, the new text will be published in this section along with a legend that expresses it, also indicating the date of its last update. In addition, we will send a notification in which you can access the content of the new Terms and Conditions to the email indicated in the registration, with an anticipation of 30 days from the date they come into force.

 

  1. Contact details for clarifications and complaints

Any query, claim or complaint that may arise from users at the time of using our Platforms, may be sent to our email address finance@lirmi.com.

 

  1. Miscellaneous 
  2. Assignment: The rights granted to the User must be considered as personal rights and the User may not assign or transmit them, nor authorize any third party to use them in any way. LIRMI may assign or transmit in any way its rights and / or obligations under its charge to any third party, subsidiary or controller of LIRMI without prior authorization from the User.
  3. Invalidity of some Clauses. If any provision established in these Terms and Conditions is illegal, null or impossible to execute in any jurisdiction, it will not affect: (i) the legality, validity or exercise in said jurisdiction of any other provision of this agreement; or (ii) the legality, validity or exercise in any other jurisdiction of said or any other provision of this agreement.   
  4. Headers. The headings of the clauses are incorporated therein only for convenience and for better handling, so they will in no way be considered for the purposes of their interpretation, nor will they affect the obligations contained therein.
  5. Totality of the agreement between the Parties. These Terms and Conditions, the commercial plans displayed on the Platforms and the Privacy Policies, as well as any modifications and / or legal notice that is published or communicated, from time to time, by LIRMI through the Platforms, constitute the entirety of the agreement between the User and LIRMI in relation to the Services offered by the latter through its Platforms.
  6. Applicable legislation. This agreement will be governed by the laws of the Republic of Chile. Any controversy derived from this agreement, its existence, validity, interpretation, scope or compliance, will be submitted to its applicable laws and to the competent Courts of the city of Santiago de Chile, and the procedures will be carried out in Spanish.
  7. Repeal: Any past contract or agreement that the User has entered into with LIRMI will be expressly repealed by the acceptance of these Terms and Conditions.