Terms and Conditions LegalSign
Before continuing, please read carefully what is stated in these Terms and Conditions and, if you agree with them, express your consent by checking the option "I accept" in the relevant part
You declare: (i) that you are of legal age, (ii) that you have been provided with clear, understandable and unambiguous access to these Terms and Conditions prior to the use of LegalSign and (iii) that you have read, understand and unambiguously accept them in accordance with the above"
All use and/or access to the LegalSign ID Service is subject to these Terms and Conditions
1. General, object and conditions of use
The Platform is owned by TOC S.A., a company incorporated under the laws of the Republic of Chile with domicile at Avenida Santa María 2670, office 403, commune of Providencia, city of Santiago, Chile"
LegalSign Service" shall mean that which allows to link a User with a digital identity, through different credentials and/or types of identification (biometrics, Personal Identification Number or PIN, etc.), and that through a web application allows the interaction with the User to request authorization in transactions of identity verification, electronic document signature and notifications of use in which a TOC Customer is involved or is part of in order to generate a business relationship with the User.
Any person ("User", "You" or "You") who wishes to use the LegalSign Platform and Service and/or access and/or contract any service provided through it, may do so after reading and accepting the T&C contained herein. The use of the Platform, implies full and complete acceptance by the user to these Terms and Conditions"
By registering on the Platform and creating a user account, you will be able to use various services made available by TOC, and have access to content provided by other users. The User accepts that the use of the platform, and access to content requires prior registration on the Platform. The information provided by the User for registration is and will be correct and corresponds to reality, and the User must communicate any changes to this information as soon as they occur by updating his registration. TOC S.A., at its sole discretion, shall have the right to deny or restrict the User's access to the Platform, as well as to modify the Platform and its contents, at any time and without prior notice"
Through the Platform and after registration, you will be able to:
● Authorize, by means of its electronic signature, or reject, as appropriate, electronic documents assigned to the User in any transaction carried out by the User with a third party that has contracted the identity verification and/or electronic signature services provided by TOC (hereinafter "TOC Customer"), either through the identification of its RUT or another means of identification determined by TOC S.A. or the TOC Customer;"
● Access to electronic documents associated with the User that are stored by the Company through any of the services provided to the User or TOC Clients;
● Access a record of activities or transactions made by you with identity verification in the TOC network
● Store the documents in the repositories intended for this purpose by the Company;
● Manage the electronic documents generated by you as well as those that you subscribe with TOC Clients and that are stored in the Company's repositories;
● Add different credentials to allow you to identify yourself remotely and/or in person when performing a transaction with a TOC Client
● To contract other services that are available, free or paid, on the Platform, which will be governed by the general and/or particular conditions applicable to them, according to the corresponding terms and conditions
You must bear in mind that the Platform will be the exclusive means to operate your LegalSign account, and to access it you must create a password, being the sole responsibility of the User to protect it, since any operation made with your password will be recognized and considered as belonging to the User"
It is strictly forbidden for users to:
a. To provide false or not adjusted to the reality, for the registry and use of the Platform.
b. The use of the Platform and the various services made available by TOC S.A, for purposes other than those described in these T&C. In particular, and by way of illustration only, it is strictly forbidden to send any kind of publicity or use the Platform and the Services provided through it to carry out acts contrary to morality and good customs, such as harassment and abuse of other Users of the Platform.
c. Any act that through the use of the Platform implies an infringement to the intellectual and industrial property rights of third parties"
d. Any act of impersonation of Users or third parties, as well as those that imply an infringement of image rights or damage to the reputation of such persons
e. To circumvent or to pass through the protection and security measures provided by TOC S.A. for the use of the Platform"
For all purposes indicated herein, "eDocuments" shall mean the electronic documents generated and/or signed by you through the Platform, as well as any other electronic documents that you subscribe to through the electronic signature service provided by the Company to a third party or TOC Client"
Through LegalSign you will be able to access and/or contract the services, including the generation of your identification, that are available within the same, from now on also as "Service" or "Services", which will be governed by the general and/or particular conditions that are applicable to them, according to the present corresponding terms and conditions"
The use that you may make of LegalSign, in accordance with the above, is personal and non-transferable. Any use other than that indicated here will be considered a violation and will allow the Company to exercise all rights that correspond to it, by contractual and legal means, including the immediate cessation of the use of LegalSign by the User. The User is solely responsible for the use he makes of the Platform, releasing the Company from any liability that may arise from or in connection with such use
2. Liability and limitations
TOC through LegalSign, allows the User to access and take knowledge of the information that has been made available through this and, in particular, the eDocuments. It is the sole responsibility of the User to provide information and content to the Platform, and that these are correct and correspond to reality. TOC will not verify the veracity of the information provided by the User. Likewise, the User is responsible for the use he makes of it"
The User is solely responsible for maintaining the confidentiality and security of his or her access codes to the Platform. TOC will not be responsible for loss of information or unauthorized access, derived from unauthorized access to the Platform. You are responsible for protecting your User information and not sharing it with third parties and adopting protection and security measures that allow you to maintain the protection and secrecy against unauthorized third parties, to the access keys to the Platform as well as to the access itself and its navigation in it. The above is without prejudice to the security measures that TOC S.A. may implement to ensure as far as possible the connections and access to them of the User to the Platform"
The access to Internet for the use of the Platform is of exclusive responsibility of the User. TOC does not assume any responsibility for possible damages to which it may be exposed as a result of the actions of third parties, derived from the access or use of the Internet"
The Platform may contain hyperlinks or links to third party websites, so TOC will not be responsible for the information contained in them, their privacy policies, terms and conditions or malware that may infect your devices as a result of browsing in such sites
3. Intellectual property and personal data
The intellectual property rights regarding the Platform, trademarks, service marks, logos and slogans and domain names, as well as the rights of use and exploitation of the same, are the exclusive property of TOC or of the third party owners of the same. The use of the Platform by the User does not imply the assignment or grant of any rights or licenses to the intellectual and industrial property rights of TOC or any third party beyond those set forth in these Terms and Conditions.
It is strictly forbidden to remove watermarks, labels or other legal notices or property, included in any of the screens or images available on the Platform, or try to make changes in them, including those that are intended to disguise or modify indications regarding the ownership or origin of the Platform.
In order to comply with the Object of this agreement, the User authorizes the Company to process the personal data of its customers and/or users, including their biometric data, on behalf of the person responsible for the processing, namely the User. Such processing will be done in the end to allow the provision of the Services and the use of the Platform. The User hereby authorises TOC to use other potential processors to fulfil the Object of this agreement and the purposes expressed in this section"
4. Modifications and Conditions of Service Provision
TOC may modify at any time and for any reason, without prior notice, these Terms and Conditions of Use and the services offered through the Platform. These modifications will be made known to the User through the same Platform and/or by sending them to the email address registered by the User. Access to and use of the Platform will be subject to the acceptance of such modifications"
The User accepts that the Platform and the Services provided through it, may be exposed to interruptions or contingencies, for reasons of force majeure or fortuitous event as well as the needs of the service or services provided through it (eg maintenance activities, etc.)
Toc expressly states that it does not guarantee the absence of interruptions, failures or errors in access or operation of the LegalSign Service. However, the Company will use its reasonable efforts and within its control, to ensure that as soon as it becomes aware of any errors, failures or interruptions, actions are taken to correct such failures, errors or interruptions"
Except as otherwise expressly provided by applicable law, TOC shall not be liable to the User for inaccuracies, failures or interruptions of the LegalSign Service, loss of profits or information, loss of profits, indirect and incidental damages and, in general, any other damages arising from the LegalSign Service
TOC will not be responsible for any kind of damage caused to the user by the use or lack of usefulness, continuity or availability of the Platform. Likewise it will not be responsible for any loss of information or for the interruption, defects and delays in its transmission, between users or from users to the Platform. Any computer virus or errors associated with the Platform, which may affect or cause any kind of damage to the Platform or its users, will not be the responsibility of TOC S.A., even if it has been warned of their possible existence. Finally, the Company will not be responsible for the information and content provided by its users, and for the improper use of the platform by the latter"
TOC has the right but not the obligation to monitor and review transmissions of information and content provided by users on the Platform and assumes no responsibility with respect to such activities or the content provided, and the use of the Platform and the Service for any illegal or fraudulent purpose or to impersonate any person or entity for acts performed by any user in the use of the Platform..."
Every user of the platform shall hold TOC S.A. harmless against any action, claim, proceeding, expense (including legal costs and expenses), loss and damage, which may have been suffered or incurred by other users or third parties, as a result of acts consisting of failure to comply with these Terms and Conditions of Use, failure to complete a transaction, or content or elements sent, published or transmitted through the platform, and any other that is the sole responsibility of the user
Every user of the platform accepts that the use of the Platform is at his own risk. The platform is provided "as is" and as "available". Therefore, TOC S.A. and its shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranties of any kind, whether express or implied"
8. Termination or Elimination of Service
TOC S.A. reserves the right to terminate access to or use of the platform, at its sole discretion and for any reason by giving written notice to the User sent to the email address registered by the User on the Platform. For his part, the User may at any time terminate the LegalSign Service"
Without prejudice to the above, the following will be causes of termination of service to a user:
a. For the user's failure to comply with these Terms and Conditions"
b. At the request of the user in respect of all or any of his accounts.
c. At the request of an administrative or judicial authority, in respect of all or a particular user's account"
9. Dispute Resolution and Applicable Law
These T&C are governed by the laws of the Republic of Chile. Any difficulty or dispute arising from the Platform, interpretation, duration, validity or execution of these Terms and Conditions or for any other reason in relation to the Platform shall be submitted to the knowledge and judgment of the ordinary courts of justice of the commune and city of Santiago de Chile"
TOC S.A.RUT 76.085.903-6 March 2020
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