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Terms and conditions of use, and privacy and data management policy.

1. GENERAL BACKGROUND

Jettelly Learn is an online store and website, designed, developed, managed and maintained, by the company Jet Telly SpA; the company is legally constituted in accordance with the laws of the Republic of Chile, and with a legal address at Avenida Nueva Providencia 1881 Office 1620. This document corresponds to the terms and conditions of general use of Jettelly Learn, and the privacy and data management policy of this website. This document, once accepted by a user, either tacitly or expressly, by virtue of said acceptance constitutes and will constitute a valid and legally binding contract between said user and Jet Telly SpA. All this is under the current version of this document at the time of use of the site, and according to the applicable legislation at the time, respectively.

2 ROLE AND PURPOSE OF JETTELLY LEARN

Jettelly Learn is an online store for the purchase and download of digital books, and other content, all of an educational or training nature, on competencies and capacities of the development of digital and interactive audiovisual works.

3 MINIMUM CONDITIONS OF USE

3.1 Acceptance of the Terms

The use of Jettelly Learn will require, always and at all times, the continuous acceptance (whether express or tacit) of these terms of use, by the user. Otherwise, the company may, without the obligation of notification or additional procedure, deny the user the use of Jettelly Learn, and the user access to the digital books available in it. The use of Jettelly Learn, without prejudice to the prompts, notices, and instances of acceptance verification of terms and conditions of the system, will be understood by the parties as an act of tacit acceptance of the terms and conditions themselves. This, according to a version in force on the date of each act of use.

3.2 Access and accessibility

Jettelly Learn is enabled and optimized for use through devices such as desktop, notebook, tablet, and mobile computers, as well as Firefox, Chrome, Edge, Safari, Opera, and Internet Explorer browsers, and requires a stable connection and continue to the internet; not being enabled to download content offline, and Jet Telly SpA is not a provider of data services or internet networks or similar systems.

The use of Jettelly Learn requires the user to register an account in the system. This account is automatically created when purchasing by entering the following information: name and email. Once the account is generated, a notification email will be sent to the user with the username and a random password to enter the system. The password generated by the system for the use of the system is and will always be your responsibility.

The use of Jettelly Learn is enabled for those over 18 years of age, and able to contract, according to the law.

3.3 Restrictions of use

Users are obliged at all times to:

  • 3.3.1 Refrain from using the system for illegal or unrelated purposes, or contrary to these terms and conditions.
  • 3.3.2 Always provide effective and truthful information in everything that is requested by the company for the use of the system and make use of means of payment that legally belong to it, or on which it has sufficient legal authorization from its owner or holder. The User is solely responsible for the falseness and/or lack of integrity in the information provided, and for the legitimacy or lack of legitimacy in the use of the means of payment used in the use of the system.
  • 3.3.3 Refrain from providing the system with information, data, or content that is contrary to the law, such as maliciously or fraudulently false content, owned by third parties without any right to its use, offensive, of an explicit sexual nature, of a criminal nature, or others similar.
  • 3.3.4 Refrain from causing damage to the system or the company, in any way.
  • 3.3.5 Refrain from accessing or trying to access information from other users, or the company, outside the framework of what is allowed in the use of the system, and from trying to manipulate the same data.
  • 3.3.6 Refrain from doing reverse engineering, modification, or access exercises, to all or part of the system.
  • 3.3.7 Refrain from accessing these terms and conditions, and alter and/or modify them in any way or measure.

4. SPECIAL CONDITIONS OF USE

4.1 Buying and selling of content

The content acquired through the system will always be under a license model for individual use, not transferable or sublicensable, with restriction to the viewing of content by the user himself on a single simultaneous device. The purchase of content in the system is governed and governed by the following flow of action: (i) Reading of these terms of use; (ii) Selection of the contents, which will be added to a virtual shopping cart, within the same website; (iii) User registration; (iv) Acceptance of these terms and conditions of use; (iv) Receipt of access information to the content; (v) Remission of the corresponding ticket or invoice for the purchase made.

Once content has been acquired, the user, through their account registered in the system, will acquire the right to view it and to download any updates that are uploaded to the system by the company regarding the same content.

4.2 Payment methods and authorization of digital or electronic tax documents.

The system maintains the PAYPAL system as the only integrated method of payment. Tool subject to its manuals, terms, and conditions of use, costs, and conditions, all of which the user is equally subject and obligated to when using said methods of payment, in accordance with these terms and conditions.

The user, in accordance with the provisions of Exempt Resolution number 11 of February 14, 2003, of the Internal Revenue Service, which established the procedure for authorized taxpayers to issue electronic documents and send them to manual receivers, declares that with the Approval and acceptance of these terms and conditions of use, authorizes the company so that all tax documents corresponding to all sales carried out in the Jettelly Learn be delivered by electronic means, only, and that the respective notice is sent to you by email.

4.3 Verification of irregularities in purchase operations

In the event that changes or alterations are detected with respect to a purchase order placed and not yet fully processed, and in a manner that gives sufficient cause to seriously suspect an irregularity in such order, the company may suspend the execution of the purchase transaction. Suspended a purchase operation, the company will seek to give written notice to the user and will ensure the resolution of the irregularity detected, so as to avoid and prevent any situation of fraud that may exist, actually or potentially, in the respective purchase operation.

4.4 Availability of products, legal warranties, purchase withdrawal, and special cases of substitution

Any purchase of content within Jettelly Learn shall be subject to the legal conditions of law 19.946 for the purpose of repairs, replacements, or refunds, for content that is in any way defective or faulty (such as corrupt and unreadable download files, or other defects that make it materially impossible to consume the content). No other right of withdrawal is granted or conferred to the User on a purchase made on the system.

5. PRIVACY AND INFORMATION

5.1 Information storage and use

Any data and information collected by the company, whether in the act of user registration or otherwise, will be stored by the company. The acceptance of the terms and conditions entails the authorization of the company to store the information in the company’s own databases or in databases owned and/or managed by third parties for this purpose.

The company shall have the right to access this information, and to share and socialize it with third parties under a “need to know” model, and for legal or commercial purposes that are relevant and necessary, but shall restrict access to third parties, storing, transmitting and processing the information in encrypted form and in accordance with the legal limits that apply to the handling of data and personal information, and always ensuring the existence of sufficient contractual conditions to ensure the proper confidentiality and security of the information.

At the user’s request, the company will provide him/her with his/her personal information, indicating the type of data collected, date of collection, storage status, use given to the information, and a copy of the collected data that compose it.

The data and information may be destroyed by the company, beyond any recovery, reading, and/or use, after the closing of the system, or after 1 year from the last registered use of the system by the user.

5.2  Data security

The company will safeguard the information of its users, and in its collection, will always verify that the implementation of applications, tools, or data collection systems in the system are those that also have the due and reasonable means of security and data protection in such collection. Notwithstanding the above, the company cannot guarantee the infallibility of the security used in the handling of information, especially against acts of third parties that are unforeseeable or irresistible, whether in nature, form, or opportunity, thus violating any reasonable security measures provided by the company or by third parties, as the case may be. In any case, any information leak or security breach will be notified to the affected users as soon as possible after the occurrence of such an event.

5.3 Targeted advertising information

The user authorizes the company to send targeted advertising to the user’s e-mail address in the system. If the user requests the company to do so, the company shall cease sending promotional or targeted marketing information. For this purpose, in any case, the company will ensure that any promotional or marketing information sent to the user (if any) contains a clear mention of the right to request the cessation.

6. GENERAL CONSIDERATIONS

6.1 Modification of Terms, and Notices

The company may, at any time and for any reason, make unilateral modifications to these terms and conditions. 

Such changes will be informed in writing to the user, to the e-mail address used by the user in the system, and this will serve as valid and sufficient notification and notice, and from the date of referral.

The use of Jettelly Learn, once informed of each change or modification to the terms and conditions, shall constitute a new acceptance of the same, for all legal purposes.

Notification of any other matter by the company will be made in the same manner as indicated above. 

The notification of any matter by the user to the company, and especially matters related to questions about the system, purchases made, problems, errors or difficulties with one or more parts of the system, security breaches, or others of any kind, should be as soon as possible and by mail to contact@jettelly.com, or by the means that exist in the system for this purpose.

6.2 Access revocation

The company may, at any time, prior notice and notification to that effect, immediately revoke access to the system to users, either temporarily or permanently, and cancel their accounts and access to content, if it is verified that they have failed to comply with one or more of the obligations, restrictions, and conditions outlined in these terms and conditions.

6.3 Assignment of rights

The company reserves the right to transfer the system, the contents therein, and any information uploaded to it for its proper functionality. This is subject to prior notification or notice to users. Use of Jettelly Learn after notice will constitute a new acceptance of terms and conditions, binding now on the person who has purchased the system.

6.4 Applicable law, severability, and exercise of rights

These terms and conditions, as well as any interaction, relationship, communication, conflict, or controversy that may arise between the user and the company, shall be governed by the law of the Republic of Chile. For this purpose, they are subject to the jurisdiction of the ordinary courts of justice of the Court of Appeals of Santiago.

The eventual nullity of one or more conditions of these terms and conditions will not produce the complete nullity of these terms and conditions, but only and exclusively of those conditions thus declared null and void.

The non-exercise of a right by the company will always be considered an act of mere liberality, and will not imply the waiver of the same.

6.5 Intellectual property and trademark use

All content available on the Jettelly Learn is produced, created, and owned by their respective producers, creators, and owners if any. The design of the website, and all of its graphic elements, trademarks, logos, and others, are owned and copyrighted by Jet Telly SpA or its licensors. The use of the website does not grant the user any license or right over these elements subject to intellectual or industrial property if any.

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