FIRST: GENERAL

This document, drafted on December 18, 2020, regulates the general terms and conditions applicable to the access and use that the User will make of the Website educationusa.cl (hereinafter “EducationUSA”, “Educationusa.cl” or “the Website” indistinctly), as well as any type of information, content, image, video, audio or other material communicated or present on the Website.

For the purposes hereof, “Website” shall mean: the external appearance of the screen interfaces, both static and dynamic, i.e., the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, “Content”) and all those online services or memories that it may offer to users (hereinafter, “Services”).

EducationUSA reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and agrees that EducationUSA may at any time discontinue, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.

Access to and use of the Website and the related or annexed content described herein shall be governed entirely by the laws of the Republic of Chile. Consequently, the visits that the user makes on the platform that represents the website, as well as the legal effects that these could have, are subject to the laws and jurisdiction of the courts of justice of the Republic of Chile. Of particular importance is the application of Law No. 19,628 on Personal Data Protection and Law No. 19,496 on Consumer Rights.

In addition, this website and its contents are intended only for persons residing or domiciled in Chile.

Therefore, EducationUSA cannot assure persons who do not meet the requirements described above that the Website will comply, in whole or in part, with foreign laws. Thus, EducationUSA is not responsible in those cases in which foreign Users, without residence or domicile in Chile, access or proceed to browse the Website.

In addition, EducationUSA adheres in its entirety to the Code of Good Practices for Electronic Commerce of the Santiago Chamber of Commerce.

You are advised to carefully read the contents of these General Terms and Conditions of Use and to print and retain a copy of these Terms and Conditions of Use on a local storage drive or portable storage device for your convenience and security.

SECOND – INFORMATION ABOUT THE educationusa.cl WEBSITE

EducationUSA Chile is an office of the U.S. Department of State and Embassy in Chile.

In addition, for the purpose of any type of communication, presentation, consultation or claim related to the use or operation of the Website, EducationUSA will receive all types of communications at the following e-mail address: santiago@educationusa.org.

THIRD – USER

The access to this Web Site, the navigation and use of the same, as well as any space enabled for interactions between Users, or between this one and the Web Site (comment sections, blogging and micro blogging spaces, and extensions destined to this function), will confer to the persons the condition of “User”. Therefore, it is understood to accept the Terms and Conditions present in this document from the moment of accessing the Website or its contents, as well as any future modifications that may be made to the Terms and Conditions, without prejudice to what may be established by future legislation issued in the Republic of Chile aimed at regulating this kind of documents, or that may be applicable to the use of Websites.

Additionally, the access to the Website by the User shall be free of charge, without the User having to pay for accessing the site or its contents, beyond the cost of the Internet connection, if applicable.

– User Responsibility

Educationusa.cl provides the User with a service characterized by the diversity of the content provided. The User assumes responsibility for the correct use of the Website and its contents. Thus, this responsibility shall extend, in a non-exhaustive manner, to:

Use the information, Content and/or Services and data offered by EducationUSA, without being contrary to these Terms and Conditions, as well as the Chilean Legal Order and the Moral and Public Order, or that in any other way could lead to the infringement of third party rights, or the normal functioning and operations of the Website.

EducationUSA reserves the right to remove any comments and interactions from Users that violate the law, the respect for the dignity of the person, that are discriminatory on the basis of race, nationality, sex, sexual orientation, race or condition, as well as those that contain pornographic content or that constitute messages known as “spam”, or that threaten youth or childhood, order, or public safety or that, in the opinion of EducationUSA, are not appropriate for the Website.

In any case, the opinions expressed by Users, through comments or blogging or microblogging tools or extensions, are the sole responsibility of the Users, and do not necessarily reflect the editorial line or position of EducationUSA.

Mere access to Educationusa.cl does not imply a commercial relationship between EducationUSA and the User.

– Legal Capacity

The Website does not require a minimum age to be able to access its Content and Services; therefore, these Terms and Conditions shall apply indistinctly to all Users of the Website who comply with the provisions of this document.

Even so, the legal rules of capacity established in the legal system will govern in all those cases where their application is relevant. Therefore, if a person does not have legal capacity to contract, he or she should refrain from using the Content and Services that require such capacity. EducationUSA may, at any time, temporarily or permanently suspend the participation of users who are found to lack legal capacity to use the Services and Content that require it, or who provide false, inaccurate or fraudulent information to the Web Site.

The Educationusa.cl Web Site is directed primarily to Users residing in the Republic of Chile. EducationUSA makes no representation that the Website complies, in whole or in part, with the laws of other countries. If the User resides or is domiciled in a foreign country, and decides to access and/or browse this Website, he/she does so at his/her own risk, ensuring that such access and browsing complies with the provisions of the applicable local legislation, and EducationUSA assumes no liability whatsoever that may arise from such access.

FOURTH.- RIGHTS AND GUARANTEES OF THE USER OF THE SITE

The User shall enjoy all the rights recognized by the consumer protection legislation in force in Chile, in addition to the rights granted by these Terms and Conditions. In addition, the User will have at all times the rights of information, rectification and cancellation of personal data in accordance with Law No. 19.628 on personal data protection.

FIFTH – LIABILITY

Educationusa.cl will not respond, in any case, for the following facts:

a.- Improper use that Users or visitors to the Website make of the stored content, as well as of the industrial or intellectual property rights contained in the Website.

b.- Damages, concrete or eventual, caused to Users derived from the operation of the Web Site’s search tools, as well as errors generated by technical elements of the Site or the search engine.

c.- Content of Websites that Users may access with or without authorization from EducationUSA.

d.- Loss, misuse or unauthorized use of passwords or validation codes, whether by the User or a third party, in the manner set forth in these Terms and Conditions. Likewise, the parties recognize and acknowledge that the computer support provided by Educationusa.cl is not infallible, therefore, circumstances beyond the control of EducationUSA may occur that may cause the Website or its platform to be inoperative for a certain period of time.

e.- Information regarding EducationUSA that is found on Web sites other than or unrelated to EducationUSA.com.
In the event of any of these cases, EducationUSA will take all measures to re-establish the correct functioning of the Website and its communication system as soon as possible, without being held responsible for this.

EducationUSA makes no assurances as to the availability or continuity of the Website or that Users will be able to access the Website at any time.

EducationUSA is not responsible for the existence of viruses or other harmful elements in the documents or files stored in computer systems of any type owned by Users.

EducationUSA shall not be liable for damages caused to the User, derived from the improper use of the technologies and platforms made available to it, regardless of the manner in which these technological elements are improperly used. Likewise, EducationUSA shall not be liable for damages caused by the improper use or bad faith of the Users when using Educationusa.cl.

When registering, logging in and communicating, Educationusa.cl uses digital security certificates (SSL) to encrypt information. EducationUSA does not store or retain financial information about its Users.

SIXTH: DATA SECURITY POLICY

EducationUSA will adopt all necessary measures to protect the data of its Users, such as information encryption systems, security certificates and other similar or equivalent systems that EducationUSA considers prudent for these purposes. In the event of changes made by the User to the information registered or entered on the Website, or if any type of irregularity attributable to the User is detected in relation to the information provided or simply as an identity protection measure, the Website staff will contact the User, either by telephone or e-mail, to corroborate the data and information, as well as to avoid the existence of possible fraud.

– Personal Data

By accessing the Educationusa.cl Website, Users or visitors guarantee that the information they provide to enter is truthful, complete, accurate and updated.

In accordance with the provisions of Law No. 19,628 on the Protection of Personal Data, the data of this type that is provided to the Website, becomes part of a database belonging to EducationUSA and will be used solely and exclusively for the purposes for which it was provided, especially for communication between EducationUSA and its Users to answer queries. This data will never be communicated or shared with other companies without the express authorization of its owner (the User) nor will it be transferred internationally.

– EducationUSA will never ask its Users to provide personal or financial information via e-mail.

EducationUSA presumes that the information provided by Users or by persons authorized by them is correct and accurate.

Notwithstanding the foregoing, EducationUSA guarantees all its Users the free exercise of the rights contemplated in Law No. 19.628 on Personal Data Protection with respect to the information, modification, cancellation and blocking of their personal data. Consequently, Users may make requests related to the aforementioned rights, which will be answered by EducationUSA within a period of no more than two calendar days.

SEVENTH – INTELLECTUAL PROPERTY AND RESERVED RIGHTS

All rights in the Web Site, including intellectual property, in and to the Web Site, pages and other content, such as, but not limited to, text of all types, graphic or audiovisual material (including but not limited to images, audio clips and videos), logos and logos, icons of all types, downloadable material and content, compilations of data and information, and page source code, are owned by EducationUSA.

Any other trademarks that are present on the Web Site and whose rights are not owned by EducationUSA shall belong to their rightful owners.

Any use of EducationUSA content, including its reproduction, modification, distribution, transmission, republication, display or performance, in whole or in part, without the express permission of the author, is strictly prohibited. The EducationUSA logo may not be used without prior permission from EducationUSA. In addition, by purchasing a product or service, EducationUSA neither confers nor assigns to the purchaser any right of alteration, exploitation, reproduction, distribution or public communication thereof, and EducationUSA reserves all such rights. The assignment of the aforementioned rights shall require the prior written consent of EducationUSA.

NINTH – INDUSTRIAL PROPERTY

EducationUSA is the owner of the industrial property rights relating to its products and services, and specifically those relating to the EducationUSA trademark and its computer law contracts.

With respect to citations of third party products and services, EducationUSA recognizes the corresponding industrial and intellectual property rights in favor of their owners.

TENTH – INFRINGEMENT OF PROPERTY RIGHTS

Unauthorized use of the information contained in EducationUSA, its resale, or any infringement of EducationUSA’s intellectual or industrial property rights shall give rise to the legally established liabilities. The User shall be responsible for any legal fees incurred by EducationUSA and other associated charges in accordance with the provisions of these Terms and Conditions.

ELEVENTH.- PRIVACY AND DATA PROTECTION POLICY

Through some sections of this website you may be required to provide personal data, so we inform you that the treatment that will be made of such data will comply at all times with the obligations established in the current legislation on the protection of personal data.It should be noted that EducationUSA does not collect personal data automatically, the only personal data collected are those that users provide through contact forms with prior consent of having known the legal aspects published here.
See here the Privacy and Data Protection Policy (website Derecho Chile).

Interested parties may exercise their rights of access, rectification, cancellation or opposition, by written request to the following email address: santiago@educationusa.org

TWELFTH.- CONFIDENTIALITY

The products and services provided to the User are for his or her exclusive and sole use, and he or she is obligated to maintain complete confidentiality with respect to the data and information transmitted.
The User may not transfer such information or any part thereof to third parties without the prior written consent of EducationUSA.
THIRTEENTH.- MODIFICATION OF TERMS AND CONDITIONS

EducationUSA may modify the Terms and Conditions at any time in accordance with applicable law. Any changes to the Terms and Conditions will be posted on this page and, notwithstanding the communication that will be made to registered Users, will be effective immediately. We encourage you to visit our platform frequently to stay informed about how we use your personal information.

FOURTEENTH.- JURISDICTION AND APPLICABLE LAW

All matters relating to the interpretation and enforcement of these Terms and Conditions shall be governed exclusively by the laws of the Republic of Chile.

EducationUSA establishes its domicile in Santiago in order to submit to the jurisdiction of its Ordinary Courts of Justice.