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Terms and Conditions

First: Contractual relationship

1.1 The following are the terms and Conditions (" T&C ") governing access to and use of our online platform (the “ Platform ”) through which users (“ Users ”) of the mobile application or associated website to the marketplace called BIZEVOL, which is managed by Business Evolution SpA (both as the " Application "), they can access the virtual showcase, browse, register, make purchases and carry out various transactions regarding the products and/or services (the " Products ”) that are promoted and marketed according to the affiliation that the providers have in the Platform (the “ Merchants ” or “ Providers ”).

1.2 By accessing and using the Platform, you (“ Client ” or “ User ”) agree to be legally bound by these T&C, considering it a contract for all legal purposes; with which Bizevol may terminate the existing contractual relationship in the event of any infringement or breach of the T&C.

Second: Services

2.1 In accordance with these T&C, the Services delivered by Bizevol correspond solely to making the Platform available to the User so that the User can access, navigate, make purchases and transactions with respect to the Products that the Suppliers offer, sell and market in the same, according to the conditions that are established and the availability of stock at the time of purchase as indicated for each product, and on a case-by-case basis (the “ Services ”).

2.2 It is noted that the Services delivered by virtue of this instrument are for the personal, sole and exclusive use of the User, and in no case may they be used by the latter for the purpose of marketing them.

2.3 Likewise, the Client accepts and declares to know in this act that he knows that Bizevol does not commercialize or distribute the Products at his own expense, risk and cost; it only provides the indicated Services as a marketplace and in such a condition makes the Products offered by the Suppliers available to the Users, allowing their promotion and the intermediation of transactions. Consequently, the Client accepts and declares to know in this act that the aforementioned Products will always be the responsibility of the Merchants and that there is no legal or employment relationship between them, beyond their also affiliation to the Platform so that they promote and advertise the Products.

2.4 The content of the Platform, together with and without being considered a limitation, its logos, programs, databases, images, texts, information and files are the property of Bizevol and/or the administrator of the Platform as appropriate. Its improper use as well as its reproduction without the express and prior written consent, will be subject to the corresponding legal actions. These T&C may not be interpreted as a partnership contract, mandate or that generates any type of relationship between the Platform or Bizevol and the User.

2.5 Additionally, Apple Inc., Google Inc., Microsoft Corporation or BlackBerry Limited, online storage platforms, among others and/or their corresponding international subsidiaries or affiliates will be third party beneficiaries to this agreement if you access the Services using Applications developed for mobile devices with iOS, Android, Microsoft Windows, respectively. These third party beneficiaries are not a party to this agreement and are not responsible for the provision or support of the Services in any way. Your access to the Platform using these devices is subject to the conditions set forth in the applicable third-party beneficiary terms of service.

Third: Use of services

3.1 User Accounts.

For the use of the Services, the Client will not need to register and it will suffice to complete an email with some minor personal information for the purposes of communication and coordination of the purchase, shipment and other details; but you may register and maintain active a personal user account of the Services (the " Account "), associated with your name, identity card or respective identification document, address, telephone number and any personal information required by the Platform, as well as well as the data of a valid payment method for the payment of the Services and/or the Products.

Consequently, by this act, you expressly consent to provide your personal data and that these are stored by Bizevol only for the purpose of being able to provide the Services correctly.

The Client undertakes from now on to provide information in a truthful, exact, complete and precise manner; assuming the commitment to update the personal data as necessary, and being exclusively responsible for the damages that could be caused by the provision of any false, incorrect or inaccurate information. The Platform is not responsible for the accuracy of the personal data provided by Users. Otherwise, the Platform may deny access to the use of the Services, or Bizevol may terminate the existing contractual relationship by virtue of these T&C.

The Client will be solely responsible for all activity that occurs in his Account and the data entered, and agrees to keep the username and password of his Account secure and secret at all times.

3.2 Requirements and conduct of Users.

a) Users registered on the Platform must be adults and fully capable, or who have the authorization of their parents, guardians or curators. In this case, it will be the responsible adult
of the minor who will be solely responsible for the use that the minor gives to the Platform, and any act contrary to these T&C that is carried out by the minor, will be understood to be carried out for all purposes by the responsible adult.

b) The orders or purchases placed on the Platform will be considered valid, and the acts and transactions that are executed in compliance with them will be considered, for all legal purposes, as carried out by the User, and consequently, mandatory and binding. for the user.

c) The User may not in any case authorize third parties to use, assign or transfer their User Account for any reason, which is for personal and non-transferable use.

d) It is prohibited for the same User to register or have more than one Account. In the event that the Platform detects different Accounts that contain matching or related data, it may cancel, suspend or disable them, without the need for prior notification to the User.

e) The User must use the Platform for legitimate purposes and in accordance with the provisions of this instrument, the User being solely responsible for any damage caused as a result of breaching this clause.

f) The User undertakes to notify the Platform immediately and by suitable and reliable means, of any unauthorized use of their Account, as well as the entry by unauthorized third parties to it. In the same sense, the sale, assignment or transfer of the Account under any title is prohibited.

g) The User accepts and acknowledges that the Platform has robotic user recognition systems (“ Bot ”) in order to prevent access to the Platform. With this, the User expressly accepts that whatever the system, it throws an access alert about possible or potential Bots, Bizevol will have the power, at its discretion, to prevent access to the Accounts and Platform in general until it is determined that the user actually corresponds to a Non-Bot User.

3.3 Access to the network and devices.

The Customer will be solely responsible for obtaining access to the data network necessary to access the Platform and use the Services. In this sense, it is noted that the rates and data and message rates of your mobile network could be applied if the Client accesses or uses the Services from a wireless device and in such case, the Client will be responsible for said rates and rates.

The Client will be responsible for keeping compatible hardware or devices necessary to access the Platform and use the Services and Applications and any updates to them up to date.

Bizevol does not guarantee that the Services, or any part thereof, will work on any particular hardware or device. In addition, the Services may be subject to malfunctions or delays inherent to the use of the Internet and electronic communications.

Fourth: Suppliers

4.1 The Suppliers are those companies or entities that agree to promote, offer and market the Products with Bizevol on the Platform, and that have a promotion contract on our Platform and that are authorized to market their products and/or services in the jurisdiction of the User.

4.2 The Merchants are independent providers of Bizevol, and do not maintain any commercial or employment relationship with it. Likewise, it is recorded that they are not agents or representatives of Bizevol; nor does the promotion contract validly signed and in force with Bizevol make it its distributor or representative.

4.3 The information of the Products, their characteristics, technical sheet, photos, images, stock, guarantee, or any other, contained in the Platform will be provided and under the exclusive responsibility of the Suppliers. In no case will the information contained in the Platform be considered to imply that Bizevol assumes the
responsibility for any situation related to the Products, their conditions or characteristics; nor does it imply a recommendation, suggestion or advice of any kind.

4.4 Bizevol reserves the right to carry out special promotions at its sole discretion and send advertising, propaganda or carry out marketing and promotional campaigns by any means: emails, notifications, Platform, WhatsApp or other means of messaging or social networks. Promotions may consist of: quotas, discounts, refunds, rappels, etc. Said promotions may be exclusive for certain Products, Means of Payment or agreements with certain financial entities. The conditions, terms and characteristics will be established by Bizevol at its sole discretion.

4.5 The offers of the Products by the Suppliers must comply with the following rules:

a) In all cases, the available stock will be reported, and purchase operations may be carried out in accordance with the provisions of the following literal. The Product offered on the Platform must be exactly the same as the one that will be delivered to the User in the event of the purchase being completed.

b) The prices of the published Products must be expressed in pesos, the legal currency applicable in Chile, and consider the Value Added Tax (“ VAT ”).

c) The prices of the Products are established exclusively by the Suppliers, therefore, they may not coincide with those published in commercial premises, department stores, retailers or shops.

Fifth: Transactions

5.1 The User declares to know and accept that due to the dynamism of the Platform, it is possible that several Users carry out simultaneous operations on the same Product, and because of this, when trying to complete the operation, there is no availability of the product.

5.2 The User declares to know and accept that at the moment of confirming the operation carried out, it
will constitute a purchase and sale operation, applying to them all the corresponding regulations.

5.3 The purchase of a Product may not materialize for various reasons, among them, and only by way of example, the lack of funds in the means of payment selected by the User, rejection of the issuing entity or the card or other similar ones; situations that the User declares to know and accept, exempting Bizevol from any responsibility.

5.4 If the operation is not confirmed, the User will be informed of said circumstance by sending an email or messenger for the purpose of reviewing the situation that has prevented the transaction from being completed.

5.5 If the purchase is confirmed, the User will receive an email sent by the Platform to the email address that the User had informed at the time of registration and once the operation has been confirmed.

5.6 The Platform's shipping policy consists of the following rules:

a) Given that the Products offered on the Platform have different suppliers, the delivery times are subject to the policy of each Supplier, and which are informed prior to the moment each transaction is carried out. The delivery of the Products includes the transfer to the door of the address declared by the User on the Platform (door of the building in the case of apartments or offices). Any person over 18 years of age who is at the delivery address may receive the Product proving their identity with their document
of identity.

b) The shipping costs will be assumed in full by the Provider or the User, according to the terms and conditions established in the respective publication on the Platform.

c) If the Supplier does not deliver the Product within the periods informed at the time of purchase, regardless of the cause of non-compliance, it is recognized that it will not be the responsibility of Bizevol; and consequently, the User expressly exempts Bizevol and/or the companies or related persons that are part or will be part of it in the future, their directors, managers, employees, agents, representatives and/or proxies from all liability.

5.7 The Product exchange policy consists of the following rules:

a) The deadlines for making changes begin to apply from the date of delivery of the Product to the address indicated by the User.

b) At the time of receiving a Product, the User or the person who receives it must sign a receipt or delivery certificate in order to record its receipt.

c) The exchange of Products purchased on the Platform may be made within 10 (ten) calendar days after receiving the product. Changes of personal care products are not accepted

d) To make the return, it is an inexcusable requirement that the Product be unused, in perfect condition, with labels, accessories and original packaging (including, if applicable, manuals, user guides, guarantee certificates, etc.). In all cases, the invoice, receipt and/or delivery certificates must be kept.

e) As a general rule, all Products may be subject to the exchange policy, except for those that, on a case-by-case basis, indicate otherwise on the Platform at the time of the transaction.

Sixth: Modifications or interruptions of the platform

6.1 By this act, the Client accepts and declares to know that Bizevol may modify, suspend or interrupt the use and access to the Platform, any part of the Platform, either for all Users, at any time giving the respective notice every time as possible, considering that the Services provided by the Platform depend on the Providers, and on various factors beyond the efforts and responsibility of Bizevol, such as in the following cases: (i) due to the need to carry out repair tasks and / or maintenance of all or part of the elements that make up the Platform; (ii) in case of any circumstance derived from measures or resolutions issued by any public authority; or, (iii) in all cases of fortuitous event or force majeure. The indicated events are merely illustrative, and may be discontinued for other reasons; all of which will not need to prove to third parties.

6.2 Likewise, the Client accepts and declares to know that Bizevol will not be responsible for any loss or damage caused by any of the actions mentioned in the preceding paragraph. The Platform depends on various factors, such as software, hardware and tools, whether owned by contractors and/or suppliers.

6.3 In the event that the Client does not agree with certain modifications to the Platform or there is a discontinuity of the Services, he must simply end the access to the Account or the Platform and stop his search and/or transaction in progress.

Seventh: Payments

7.1 The execution of purchases or transactions on the Platform may derive in charges or commissions for the provision of the Services, which as a general rule will be charged to the Provider, although exceptionally they may also be charged to the User; what must be reported in each case by the Platform (the " Charges "). In any case, Bizevol will collect the taxes applicable in its jurisdiction or abroad and that apply according to the Law.

7.2 Once the Charges have been made, Bizevol, as a collection and limited collection agent, will facilitate the payment of the same and applicable taxes on behalf of the Providers and/or Users, as appropriate. The payment of the Charges, price of the Products and taxes that are applicable will be considered as if the payment were made directly by the Client to the Suppliers in its jurisdiction or abroad, as applicable.

7.3 Likewise, the Client accepts and declares that the payment will be made through credit cards or other means of payment (the " Means of payment ") and that in relation to these he is fully and fully authorized to
use and dispose of, and that all payment-related information you provided, and will provide in the future, through the Platform is true, accurate, current, and correct.

7.4 The Client agrees to pay all fees and Charges associated with its Account in a timely manner and in accordance with the specific charge as published on the Platform. By providing us with your Payment Methods, you authorize and mandate us to bill and collect from you through said Payment Methods.

Eighth: Personal data registered on the platform

8.1 The purpose of the collection and automated processing of personal data is to maintain a fluid relationship between the Clients, the Platform, the Suppliers and Bizevol, as well as the management, administration, provision, expansion and improvement in the provision of the Services, the sending of updates of the Services and the sending by traditional and electronic means of technical, operational and commercial information about them. Therefore, the User declares to know and accept that the personal data collected here is required for the purchase of Products.

8.2 Bizevol does not sell, assign, or transfer the personal data of Users to unrelated third parties in any way. Bizevol may only transfer the personal data of the Users to the Suppliers and/or entities related to it, unless the Client expressly denies his authorization and always with full respect for the legal regulations in force in Chile. For these purposes, a related entity shall be understood as any other person that directly or indirectly controls, is controlled by, or is under the direct or indirect common control of Bizevol. For the purposes of this definition, control has the meaning that said expression is granted by current and applicable legislation.

8.3 Bizevol, at its will and discretion, may share and publish on its social network accounts, walls, stories or applications, the benefits, promotions, contests or data on the relevant transactions that have been executed on the Platform.

8.4 The Client will enjoy all the rights recognized by the legislation in force in the territory of Chile, and also those granted in these T&Cs. The User will have at all times the rights of information, rectification and cancellation of personal data in accordance with current and applicable legislation on the protection of private life and / or processing of personal data.

Ninth: Responsibilities

9.1 Bizevol is responsible and obligated only for the provision of the Services, maintenance of the Platform, its operation and the commitments adopted in the preceding second clause, but in no case is it obligated or less responsible for the Products, their conditions, characteristics, functionality , factory warranty, stock, shipping or any other element related to the Products, whose total and complete responsibility is of the Suppliers, who will be responsible for the stock, product quality, availability, logistics, warranty, post-sale or any other condition of the Product. ; the foregoing, unless each product and/or transaction indicates that the Platform will coordinate the shipment through the Provider or logistics coordinator. All the specific conditions in any case will be published on the same Platform. In this sense, the parties expressly agree from now on, that Bizevol will not respond in any case for the lack or non-compliance of the previously indicated elements, their claims or similar situations, expressly releasing the Client to Bizevol from any obligation to indemnify damages or losses, direct or indirect, of any nature that is caused by the provision of the Products by the Suppliers, including, but not limited to, any act, omission, opinion, response, advice, suggestion, information and/or service of any of the Suppliers.

9.2 Bizevol will not be responsible nor does it grant any guarantee regarding the reliability, punctuality, quality, suitability or availability of the Products made available to Users through the Platform, nor that the Products will not be interrupted, discontinued, have any failure of manufacture or do not represent the same quality, terms or conditions of the Product marketed on the Platform. Consequently, Bizevol does not guarantee in any way the Products that the Suppliers will commercialize.

9.3 Likewise, the Client declares and accepts that Bizevol will not be responsible for direct, indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, loss of data, personal injury or property damage, nor for damages relating to, or in connection with, or otherwise arising from any use of the Platform or as a consequence of: (i) the use of or reliance on the Platform or your inability to access or use it; or (ii) any transaction or relationship between Customer and Providers.

9.4 The User or his pupils in charge who make use of the Platform, may not under any circumstances register or store images, designs, logos or any form of reproduction of the brands or products associated with the Merchants, by recording images, sounds , texts, or other encrypted language or not, that are carried out through the Platform, or that, not being carried out through the Platform, have been
arranged by virtue of it. It is expressly prohibited to commercialize or dispose of any recording of images, logos, texts, interfaces of the Application, dashboard or any other image linked to the Platform.

9.5 The Client, in turn, accepts and undertakes not to make any use of the Platform to publish, send or deliver any of the following: (a) unsolicited email and/or advertising or promotion of goods and services; (b) malicious software or code; (c) content that is illegal, harassing, invasive of privacy, abusive, threatening, contrary to morality and good customs, racist or potentially harmful; (d) any content that infringes a third party right, including intellectual property rights; (e) any
content that may cause harm to a third party; (f) any content that may constitute, cause or encourage criminal action or violate any applicable local or international law, statute, ordinance, rule, regulation or code of ethics in connection with your use of the Platform and your relationship with the Providers and Bizevol . Users shall indemnify Bizevol against any claims, losses, causes of action, demands, liabilities, costs or expenses including, among others, litigation and attorneys' fees and expenses arising out of or related to the breach of the obligations just referred by Users.

9.6 This clause will survive the termination or expiration of this agreement.

Tenth: Communications

By virtue of this agreement, the Client accepts that Bizevol sends him notices or other communications regarding this agreement or any aspect of the Platform by email to the email address that is registered in it, by regular mail or online, and by phone to the number indicated by the User. The date of receipt shall be deemed the date such notice is given.

Eleventh: Applicable law and jurisdiction

The terms of this agreement will be subject to and interpreted in accordance with the laws of the Republic of Chile. Likewise, the Parties submit to the jurisdiction and competence of their Ordinary Courts of Justice.

Twelfth: Miscellaneous

a) Non-transferability: Neither party may assign this agreement, nor the rights or obligations provided for in it, without the prior written consent of the other party, except as stipulated in these T&C.

b) Headings: The paragraph headings of this Agreement are for convenience only and shall not apply in the interpretation of this Agreement.

c) Severability: If any provision of this agreement is found by a court of competent jurisdiction to be illegal, invalid, unenforceable or contrary to law, the remaining provisions. will remain in full force and effect.