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TERMS AND CONDITIONS OF USE OF THE WEBSITE

General Conditions of Access to the Plan

1. General Conditions.

Welcome to the website www.albaugh.com.cl (the "Site") owned by the Company. Please read the following terms and conditions (hereinafter, the "Terms and Conditions") described below. These will apply to navigation of the Website and the services offered therein. To facilitate navigation of this Website, Users (as such term is defined below) may find the Terms and Conditions described at the bottom of the home page, by clicking on the corresponding items.

2. Acceptance and knowledge of the Terms and Conditions.

These Terms and Conditions are obligatory and binding for Users of the same. They apply to all activities carried out on the Site. Use of the Site implies knowledge and acceptance of them. If you do not agree with the Terms and Conditions, you must refrain from using the Site and/or the services offered therein. Users of the Site are understood to be both registered users and visitors and/or any person who enters the Site (the “User(s)”).

3. Modification of the Terms and Conditions.

The Terms and Conditions may be replaced or modified at any time and at the Company’s sole discretion, without requiring the consent of the Users. For transactions in progress that have begun prior to such modifications, the conditions in force at the time of their conclusion will continue to apply, unless the new modifications introduced are more convenient for the User.

4. Interruption of service.

The Company reserves the right to interrupt, suspend or modify at any time the services offered on this Site, whether permanently or temporarily. User consent will not be required, nor will prior notice be necessary.

Furthermore, the Company does not guarantee permanent access to or use of the Site, as it may be interrupted for reasons beyond the control of the Company.

Beyond the above, if the suspension or interruption mentioned is not due to reasons of force majeure or fortuitous event, the Company undertakes to fulfill the services that were pending at the time of the suspension or interruption.

5. Exclusion of liability - Guarantees.

The materials on the Company's website are provided to Users in accordance with the condition and description contained on the Site. Thus, beyond what is stated on the Site, the Company does not offer Users any guarantee, express or implied, including, without limitation, the implied guarantees or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, the Company does not warrant or make any representations regarding the accuracy, results, or reliability of the use of the materials on the Site or/and that the use of the same will be uninterrupted or error-free, that defects will be corrected, or that this Site or the servers that make it available are free of viruses or other harmful components.

The Company makes and will make its best efforts to guarantee the security of the Site. Without prejudice to the foregoing, the Company does not guarantee that the Site is free of viruses or any other element that may damage or alter the normal operation of a User's equipment or systems. Accordingly, it is the sole responsibility and obligation of the User to have the appropriate tools to detect, disinfect and/or prevent any type of elements and/or possible damages of this nature, expressly declaring that it exempts the Company from any liability for this reason.

It is expressly stated that neither the Company nor any third party involved in the creation, production or maintenance of this Site shall be liable for any direct, incidental, special, consequential, indirect or punitive damages that may result from the use of, or the inability to use, the Site, the materials on the Site, or the materials on any site linked to the Site, even if the Company and/or an authorized representative and/or agent and/or employee of the Company has been advised of the possibility of such damages.

6. Registration.

Users may freely browse the Site, without the need to register on it, without prejudice to being able to use the “CONTACT FORM” service.

The Company is not responsible for the veracity of the Site, nor for the accuracy of the information provided by the Company.

7. Information provided regarding products.

All information provided regarding the Company's products on this Site is intended solely to present the Company's product portfolio and should not be interpreted in any other way. Likewise, the stock of the products promoted on the Site is not guaranteed.

In the event that the User intends to use products offered by the Company for crop protection, it will be the User's sole and exclusive responsibility to carefully read the instructions for use, application, warnings and other information on the products contained on the labels, also complying with the laws and regulations that regulate their correct handling, application and use. In this sense, once a purchase of products is made from the Company, the Company will not have any responsibility for the way the User uses them.

8. Use of the contact form.

If the User chooses to use the "CONTACT FORM" service for any of the following reasons: cancellations, sales, customer queries, etc.; the Company may require the User's name, email, phone number and address.

9. Privacy Policy and Processing of Personal Data.

It is possible that in the use of the Site and for certain functions of the Site (i.e. sending a contact email) the Users may be required to provide certain personal data, including their name and surname, address, email account, address and phone number (the "Personal Data").

In accordance with the above, and in accordance with the provisions of Law No. 19,628 on the Protection of Privacy, Users hereby declare and expressly consent to authorize the Company to process the Personal Data requested in order to use the Site.

Users declare that the Personal Data they provide is substantially correct and corresponds to reality, and must communicate any modification or change to it as soon as it occurs, with the User being personally responsible for the consequences that may arise from non-compliance.

The Personal Data that Users enter on the Site will be treated confidentially by the Company in accordance with the provisions of Law No. 19,628 on the Protection of Private Life (hereinafter the “LPVP”). Notwithstanding the foregoing, the User must bear in mind that the Internet is not an impregnable medium in terms of security.

Users have the right to exercise the rights of access, rectification or modification, elimination or blocking and opposition of the Personal Data that have been provided to the Site, having to previously prove their identity. It is clarified that these rights may only be exercised on information that may be considered Personal Data under the terms of the LPVP. To exercise any of these rights, the User must send an email to the email address: infoweb@albaugh.com.ar; detailing their name and surname, identity card number, their request and reasons for exercising their right. Once the above has been completed, the Company will inform the User of the response to their request.

Likewise, Users may request at any time the cancellation of their request and the deletion of their account from the database. The Company guarantees its Users that it will use the Personal Data for the purposes for which it was collected and within the guidelines established by the LPVP.

The Personal Data collected by the Company will not be communicated to third parties, unless such communication is made in compliance with a legal mandate, judicial requirement or in cases where it is necessary to guarantee national security or the public interest.

By registering on the Site, Users authorize the Company to communicate with them by mail, telephone or electronic means to send information that the Company considers, at its sole discretion, may be of interest to them, including advertising and information on offers and promotions. If Users do not wish to be contacted for these purposes, they may express this to the Company, who will proceed to interrupt this type of communication as soon as possible.

For more information on the use of your Personal Data, we suggest you read the Privacy Policy available on this Site.

10. Cookies.

The Site may use a tracking system using "cookies" to make access to information faster when moving from page to page. In some cases, it also helps to identify Users.

These cookies are small files sent by the page visited and are stored on the hard drive of the User's computer, taking up little space.

This is done by Users are advised that by using their browser options they may limit or restrict the storage of these cookies at will, although it is not advisable to restrict them completely.

The system may collect information about your preferences and interests. In the event that this occurs, the information will be used exclusively for statistical purposes to improve the services provided on the Site. The Company will apply, to the greatest extent possible, procedures for dissociating the information so that the data owners are unidentifiable and will comply with the LPVP.

For more information on the use of your Personal Data, we suggest you read the Cookie Policy available on this Site.

11. Prohibitions.

Users are strictly prohibited from:

  • Sending files or any type of information whose content is illegal, obscene, abusive, defamatory, insulting or contrary to good customs (this list is merely exemplary);
  • Send files that contain viruses or any other feature capable of damaging the operation of a computer, Site or system;
  • Use the Site to violate any type of current regulation;
  • Provide false data when registering, or any other time when any type of information or Personal Data is requested; and,
  • Offer products or services and/or use programs, software or automatic or manual devices to monitor or copy the information or any type of content of the site without prior consent of the Company.

12. Declarations.

The Company is not responsible for the veracity of the information incorporated into the Site by third parties or Users. Nor is it responsible for any information that has been reproduced or communicated directly by the Users of the Site without verification by the Company. Likewise, if any User is affected by said information, he/she must notify the Company, by email or postal mail, so that it can be deleted.

13. Reserved rights. Intellectual property.

All rights to this Site are reserved and belong to the Company.

The content of this Site, including but not limited to text, logos, graphics, and the entire general design, as well as its database and software, is the property of the Company or it has the right to use it under granted use licenses and is protected by current national and international legislation on intellectual property.

If the User considers that the Site violates or in any way infringes the intellectual property rights of third parties, he/she must notify the Company at the address indicated in these Terms and Conditions, attaching all necessary information and documentation to support the aforementioned consideration.

14. License to use.

Permission is granted to temporarily download one copy of the materials (information or documents, etc.) on the Company's website for personal, non-commercial and transitory use only. This is a limited, non-exclusive license grant, which does not represent a transfer of title, and under this license Users are prohibited from:

  • Modifying, distributing, transmitting, reusing, reporting, using or copying the content of this Site for public or commercial purposes, including copying text and images - including, but not limited to, screenshots without prior written permission from the Company;
  • Attempting to decompile or reverse engineer any software contained on the Company's website;
  • Removing any copyright or other proprietary notations from the materials; and,
  • Transferring the materials to another person or "mirroring" the materials on any other server.

This license will automatically terminate if the User violates any of these restrictions and may be terminated by the Company at any time. Upon termination of viewing these materials or upon termination of this license, any downloaded materials in your possession must be destroyed, whether in electronic or printed format.

15. Legal Address and Notices.

The legal address is located at Av. Andrés Bello 2687, 17th floor, Las Condes, Santiago, Chile.

All notifications and/or communications that must be made for the use of the Site under these Terms and Conditions must be made in writing: (i) To the User: by email, to the email account provided by the User, or by certified mail, to the address stated in the registration form; (ii) To the Company: to the email account infoweb@albaugh.com.ar, or to its legal address previously indicated.

16. Advertisements and links.

When the User clicks on advertisements or links from third parties and enters other sites that do not belong to the Company, the User will be subject to the terms and conditions set forth in the Terms and Conditions.

17. Jurisdiction and applicable law.

The Company has not reviewed all the sites linked to its website and is not responsible for the content of any of them. The inclusion of any link does not imply the approval of the site by the Company. In this sense, the Company does not guarantee the legality, timeliness, quality or usefulness of the content, operations and information that are communicated, reproduced and/or carried out on linked third-party sites, nor the absence of harmfulness of such content or services, so the user exempts the Company from all responsibility for the content included in the aforementioned sites or the services provided or promoted therein. The use of any linked website is at the User's own risk.

These Terms and Conditions are governed without exception and in all their points by the laws of the Republic of Chile and will be interpreted according to them. In the event of any difference, disagreement or conflict arising from the interpretation, validity, scope and/or application of these Terms and Conditions, Users shall communicate with the Company in a reliable manner, submitting their claim, so that the parties may try to reach an agreement. In the event that it is not possible to reach a solution through the aforementioned means, the conflict will be submitted to the jurisdiction of the Ordinary Courts of Justice of the city and commune of Santiago, Republic of Chile.

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