Terms and Conditions

Definitions

User: Any individual or entity, natural or legal, that interacts with the services of Videsk SpA.
Product: Goods or services, both tangible and intangible, that Videsk SpA commercializes.
Service: Refers to the utility or function performed by the products or work developed by Videsk SpA.

General Information

It is a necessary requirement for the acquisition and/or use of the services offered on this site that you read and accept the following Terms and Conditions set forth below. The use of our services as well as the purchase of our products implies that you, with due representation if necessary, have read and accepted these Terms and Conditions. All products or services offered through our website may be created, operated, charged, sent, presented, or executed by a third-party website or company, in which case they will be subject to their own Terms and Conditions.

In some cases, in order to acquire a Videsk product, registration by the User will be required, including the entry of accurate information and the creation of a password.

To access the services provided through Videsk, registration by the User will be required through contact forms or other registration methods. The action of adding, removing, or modifying forms or registries is the exclusive decision of the institution that activates Videsk on its digital platform.

All purchases and transactions carried out through the services are subject to compliance with the conditions required by the selected payment method. In some cases, verification by email may be required.

The Terms and Conditions addressed in this document are general in nature, therefore they will not necessarily apply to special events such as offers, particular activities, or specific promotions, in which case it will be timely informed if the determined event or activity will have a variation in the Terms and Conditions in relation to the applicable services.

The institution that activates Videsk on its digital platforms must configure its secret key or password to access the administration dashboard or agent console, as applicable, and may change it at any time. Videsk does not assume responsibility in cases where the persons in charge of the accounts deliver or facilitate said access key to third parties, it being understood that it is their exclusive duty and responsibility to safeguard with due care and diligence their personal information and information related to their professional activities, including access keys, accounts, and the information that these may contain.

Do not use the services provided by Videsk SpA improperly. Do not interfere with our products and services, nor attempt to access them by any method other than the interface and instructions we provide.

Contractual Relationship

This Terms and Conditions document regulates the access and use of mobile applications, websites, content, products, and services made available by Videsk SpA.

For its part, Videsk SpA is a stock corporation (Sociedad por Acciones), legally constituted under Chilean law, domiciled in the city of Santiago, Chile.

Through acceptance of these Terms and Conditions or through access to and use of the services, the User agrees to be legally bound by this document with Videsk SpA under the terms developed in this document. Otherwise, non-acceptance of these Terms and Conditions means that you may not lawfully access or use the services provided by Videsk SpA. These Terms and Conditions do not replace previous agreements or commitments; in such case, the purpose of this document shall be to complement the previous contract that references this Terms and Conditions document.

The provisions of these Terms and Conditions are general in nature and so understood by the parties, therefore they will not necessarily apply to specific activities, such as offers, particular events, or specific promotions. In which case, it will be timely informed if the determined activity will have a variation in the Terms and Conditions in relation to the applicable Services, for due acknowledgment and subsequent decision. In the event of a variation, said Terms and Conditions shall be supplementary in nature and shall prevail over the general Terms and Conditions.

Users, except by express agreement to the contrary, may not use content from our services. This document does not grant rights tacitly, only those expressly indicated and defined.

About the Services

For the proper use of our services, when necessary, the User must register with accurate information, such as providing name, address, email, phone number, civil identification number or company identification with its legal representative, as applicable. In the case of registration through a representative, full name, civil identification number, email, and phone number will be required. The foregoing does not ensure that such information will be requested.

Should the User need to modify or update the registered information, they may do so through the function designated for that purpose within the services.

If the User registers any account related to the services provided by Videsk SpA, the User accepts receiving emails from Videsk SpA with a link intended to complete the account registration to access our services. They also accept the sending of emails with tutorials or guidance material to assist in the registration process.

The User’s account access keys shall be of their exclusive knowledge from the moment they perform the initial configuration. Videsk SpA ensures their protection and security through technology that encrypts all User information. Custody and care of the access key shall be the User’s own responsibility. Videsk SpA declares that it does not have access to the access keys, except when the User, voluntarily, makes them known. Each User is responsible for the activity that takes place in their user account or through it.

Videsk SpA is not responsible for external costs such as internet provider or external hardware, as well as other fees and taxes associated with the use of our services. Videsk SpA may charge for services, including applicable taxes. Videsk SpA may reject, suspend, or cancel orders in cases of breach of these Terms and Conditions or in the case of contraventions to applicable legislation; it may also suspend in case of suspicion, all with due communication to the User. The User understands that Videsk SpA does not grant refunds for services, unless required by law.

The User shall provide the use of certain devices, software, and data connections that Videsk SpA does not provide for the effective use of its services, throughout the entire time the User makes use of Videsk SpA services. The User accepts, as applicable, and in accordance with the purpose of the service, to download and install updates of Videsk SpA services in case a new version or function is available, including those cases in which they are performed automatically. The User understands that the foregoing is a process related to the improvement and optimization of the services provided, which in turn is also part of Videsk SpA services, and that not performing these actions, or preventing them, makes it impossible to correctly and effectively use the services, which may constitute a breach of these terms and conditions.

The services may include communication between parties and allow the sending of data, information, or content that does not belong to Videsk SpA. Such communication, data, information, or content is the exclusive responsibility of the User or entity that exposes, sends, communicates, or makes it available. The User authorizes the option of, eventually, reviewing content to determine the legality of conduct and respect for the Terms and Conditions and Privacy Policy. However, the foregoing does not mean that content is commonly or habitually reviewed, so it is not correct to assume so.

Third-Party Services

Videsk SpA services may allow access to, use of, or interaction with websites, applications, content, and other products and services of third parties that interact or integrate with those of Videsk SpA. It is necessary for the User to understand that at the moment they use a third-party service, the terms and conditions and/or privacy policies of said service shall govern its use and interaction. In this regard, Videsk SpA is not responsible for the lack of necessary legal or regulatory documentation or its insufficiency if applicable; nor shall it be responsible for possible external costs that such services produce or may produce.

Ownership of Rights

Videsk SpA is and shall remain the owner of all the services it delivers and related rights, including intellectual property rights. No clause of these Terms and Conditions nor the use of the services transfers or grants any right related to the services, except for the limited use license that may be granted, nor does it transfer or grant any right to sell, rent, sublease, mention, or use in any way the intellectual property rights, trademarks, domains, logos, trade dress, patents, and other rights, except by express agreement to the contrary.

All rights related to intellectual property, trademarks, domains, logos, trade dress, trade secrets, and patents associated with Videsk SpA and its products and services are recognized as the exclusive property of Videsk SpA. Videsk SpA is empowered to suspend or cancel the account of any User that infringes the intellectual property rights of other persons.

Videsk SpA does not claim, nor intends to claim, ownership of the content or information that Users handle or send through our services. It is the duty of each User to ensure they have the necessary rights over such information sent to their account or through Videsk services, as well as to ensure they have the right to grant the corresponding rights and licenses. Failure to comply with the foregoing shall be the exclusive responsibility of each User.

The parties agree that Videsk SpA is only a communication channel, and has no decision, involvement, or responsibility whatsoever in the actions that each User takes or incurs in the use of Videsk SpA services. To avoid doubt, the provisions of this paragraph refer exclusively to the content and communications that Users exchange with each other through the services (messages, video sessions, files shared in the session, and the like), and do not apply to the handling by Videsk SpA of data obtained through Google APIs, with respect to which Videsk SpA is responsible in accordance with the Google API Services User Data Policy and the section “Google API Services User Data” of our Privacy Policy.

License

Subject to compliance with these Terms and Conditions, Videsk SpA grants:

A limited, non-exclusive, non-sublicensable, non-transferable, and revocable license for Users to use,
Access to and use of the services, solely in relation to the authorized use of the services, and
Access to and use of any content, information, and material related to the use of the services that may be made available through it.

This license is granted with the sole purpose of allowing the User to use our services in accordance with these Terms and Conditions. No rights or licenses shall be granted implicitly or in any other way, except those expressly granted to the User or client, as applicable.

In order to operate and provide our services, the User grants Videsk SpA an international, non-exclusive, royalty-free license, which can be sublicensed and transferred, with the right to use, copy, reproduce, distribute, create derivative works, publicly display and execute the information, including content, that they send, upload, present, store, send, or receive through our services, or otherwise exploit in any way said user content in all formats and distribution channels, known now or devised in the future. The foregoing without the need for further notice or consent, or condition by the User, other than the acceptance of these Terms and Conditions. The rights you grant in this license are for the purpose of operating, promoting, improving, and optimizing our services, and facilitating new developments, with the limitations provided by applicable law. This license shall subsist even when you stop using our services.

Exception regarding data obtained through Google APIs. Notwithstanding the provisions of the preceding paragraph, the license granted by the User to Videsk SpA does not apply to information obtained from Google APIs. With respect to such information:

Videsk SpA does not receive a transferable, sublicensable, perpetual license, nor the right to create derivative works, distribute, publicly display, execute, or commercially exploit Google data.
The use by Videsk SpA of Google data is limited exclusively to providing and improving the visible and prominent functionalities described in the section “Google API Services User Data” of our Privacy Policy.
The license regarding Google data does not subsist after revocation of access by the User or disconnection of the integration: Videsk SpA deletes tokens and associated identifiers within the timeframes established in the Privacy Policy.
In all matters relating to Google data, Videsk SpA is governed exclusively by the Google API Services User Data Policy, including the Limited Use requirements, which prevail over any broader provision contained in these Terms and Conditions.

Warranty

Our products are provided without any kind of warranty, express or implied, except by express agreement to the contrary. In no case shall Videsk SpA be liable for any damage, including, without being a taxative enumeration, direct, indirect, special, incidental, or consequential damages or other losses resulting from improper use, the inability to use our products or services, or those resulting from improper or negligent use, or that performed without the necessary attention or care by the User. This includes the lack of care of Users’ personal data, their access keys, and the information voluntarily provided in communication channels and free fields that our products or services may offer.

Privacy Policy

The Privacy Policy of Videsk SpA describes our practices related to information, including the types of data we receive and collect from the User and the way we use and share this information. The User accepts our data practices, which include the collection, use, processing, and sharing of their information, as described in our Privacy Policy, as well as the transfer and processing of information in Chile, Mexico, the United States, Hong Kong, and other countries globally where we have or use facilities, service providers, or partners, regardless of where our services are used. It is recognized that the laws, regulations, and standards of the country in which the information is stored or processed may be different from those that govern in your own country. By accepting these Terms and Conditions, it is understood that you have read and accepted our attached Privacy Policy.

Use of the Services

The use of our Services must be carried out in strict compliance with our Terms and Conditions. If your account is disabled due to a violation of our Terms and Conditions, you may not create another account without express authorization from Videsk SpA.

In case a User uses our services on behalf of a company, that company accepts these provisions. The company shall hold harmless and indemnify Videsk SpA and its licensors, affiliates, directors, agents, and employees from any claim, lawsuit, or action related to the use of these services or breach of these conditions, including any cost or liability arising from claims, losses, damages, lawsuits, judgments, litigation costs, and attorneys’ fees.

The User must access and use our services only for legal, authorized, and acceptable purposes.

The User may not use, nor help others use, our services in ways that:

Violate, misappropriate, or infringe the rights of Videsk SpA, other Users, or others, including rights of privacy, publicity, intellectual property, copyright, or other private property rights;
Are illegal, obscene, defamatory, threatening, intimidating, harassing, aggressive, offensive from a discriminatory point of view, or that promote or encourage conduct that is illegal, or otherwise inappropriate, including the promotion of crimes or quasi-crimes;
Involve the publication of falsehoods, erroneous statements, or misleading claims;
Involve impersonating another person;
Involve the sending of illegal or inadmissible communications, such as bulk messaging, automated messaging, automated dialing, and similar methodologies; or
Involve any other non-personal or non-professional use of our services, except as expressly agreed otherwise.

The User must not, nor must help others, access, use, copy, adapt, modify, prepare derivative works of Videsk SpA’s products and services, nor distribute, license, sublicense, transfer, display, execute, or otherwise exploit the aforementioned products and services in inadmissible or unauthorized ways, or in ways that affect, harm, or damage Videsk SpA, its products and services, its systems, the Users, or other persons. Nor may they, directly, indirectly, or through a third party or automated means:

Reverse engineer, alter, modify, create derivative works, decompile, or extract code from Videsk SpA’s products and services;
Send, store, or transmit a virus or other harmful computer code through Videsk SpA’s products and services;
Export any of our products, modified or unmodified, on a CD, website, USB drive, or any other medium, nor modify them or offer them for redistribution or resale of any kind;
Obtain or attempt to obtain unauthorized access to the products and services or systems;
Disrupt or interfere with the integrity or performance of the products and services;
Create accounts for the products and services through automated or unauthorized means;
Collect information about our Users in any inadmissible or unauthorized way;
Sell, resell, rent, or charge for the products and services; or
Distribute or make available the products and services on a network where they could be used on multiple devices at the same time.

Mere use of the products and services does not grant any intellectual property rights over them or content accessed through them.

Videsk SpA may send announcements about products and services, administrative messages, and other types of information related to its products and services.

At any time, the User may request the cessation of communications, except those necessary for the proper functioning of the Service.

Videsk SpA may suspend or cancel the services if improper use or suspicious conduct is detected in the account, with respect to these Terms and Conditions or current legislation.

The User may not modify, hide, or remove any legal notice displayed in the products and services or alongside them.

The User is responsible for maintaining the security of their digital platform, device or hardware, and user account, and must immediately notify us of any unauthorized use or security breach in their account or our products and services.

In the event that the User uses our products or services on behalf of a company, the latter shall hold harmless and indemnify Videsk SpA and its affiliates, directors, agents, and employees from any claim, lawsuit, or action related to the use of these Services or breach of these Terms and Conditions, including any cost or liability arising from claims, losses, damages, lawsuits, judgments, litigation costs, and attorneys’ and advisors’ fees.

User Accounts

To access most of the services, it may be necessary for the User to register an account with accurate information and use the software through this account. The User may create an individual or personal account, or an administrator account in the case of institutions or companies. It will be the employer’s responsibility to assign and manage at their discretion the agent accounts and administration or dashboard accounts, and they will also be responsible for the use given to the accounts under their assignment.

If you use an account assigned by an administrator, different or additional conditions may apply, and your administrator may access and disable your account for duly grounded reasons. In the event of different, additional conditions, or that current ones are modified in some sense, Users will be notified prior to the change. To protect your account, maintain strict secrecy of your password. The User is responsible for all activity that takes place in their account and may only use the services for legitimate purposes. If you detect unauthorized use of your account or your password, you may request restitution through the account administrator or by contacting us directly through the means provided for that purpose.

The User undertakes to keep their account with accurate, updated, and complete information. Failure to comply with the foregoing may result in the inability to access and use the products and services, or in the termination of the contract. The User undertakes to maintain strict care of the registration information, account access information, and the information to which said account has access, such as the access key, username, registries, forms, and any other type of data or information to which they may have access.

In some cases, the User may be required to provide identification documentation or another element of identity verification for the access or use of the products or services, and as a requirement for the validation of any action or use, with the possibility of denying access to the account or use of the products or services if the requirement or requested validation is not met.

User Content in Our Products or Services

Our Services may allow uploading, storing, sending, or receiving content. The User shall retain the intellectual property rights or other rights they hold over said content. When you upload, enter, store, send, or receive content, through, via, or directly to the products or services, you will be granting Videsk SpA the license described in this document. Some products and services may offer different ways to access and delete content that has been provided for that product or service. Additionally, in some of the products or services, there are conditions or configuration parameters that limit the scope of our use of the content provided in them. Make sure you have the necessary rights to grant us this license for any content you submit through or directly to our products and services.

The User may submit comments or suggestions about our products and services, which will be considered but will not be binding on our actions.

Disclaimer and Limitation of Liability

It is the decision of each User to use our services, understanding and accepting the provisions developed in this instrument. Videsk SpA provides its services “as is”, and declares to waive all representations and warranties, express or implied, not expressly established in this document, including, among others, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and the absence of any computer virus or other type of harmful code. We do not guarantee that all information provided by us is accurate, complete, or useful, that our services are operational, error-free, protected, or secure, or that our services function without interruptions, delays, or imperfections. We do not control and are not responsible for controlling how or when our Users use our services or the functions, services, and interfaces that our products and services provide. We are not responsible nor required to control or guarantee the quality, suitability, security, ability, actions, or information or content of our Users or providers.

The User agrees to release Videsk SpA, licensors, and subsidiaries, including its directors, managers, employees, partners, and agents, from any claim, complaint, demand, controversy, or conflict and known and unknown damages, related to, derived from, or connected in any way with any claim that the User has against any third party. They also agree that the risk derived from the use of our products and services or derivatives shall be exclusively that of the User, to the maximum extent permitted by law.

The warranty does not cover programming misconfigurations or damages caused by improper or negligent use. The warranty terms are associated with negligent configuration failures under normal conditions of the products or services.

We do not grant refunds for our products or services, unless required by law, nor after delivery or activation of the product. It is the User’s responsibility to understand the scope of the product or service before purchasing, using, or subscribing to it.

Videsk SpA, its affiliates, successor entities, or new owners shall not be liable for any loss of profits or other consequential, special, punitive, indirect, or incidental damages related to, derived from, or connected in any way with these terms, us, or our products or services, even in the event that Videsk SpA has been notified of the possibility of risks or that such damages occur. Nor shall they be liable for any damage, liability, or loss arising from any transaction or relationship with any third party or provider other than Videsk SpA, even when Videsk SpA has been advised of the possibility of the risk or such damages.

Videsk SpA shall not be liable for delay or failure to perform resulting from causes beyond what is reasonably foreseeable.

The disclaimer of certain damages and the limitation of liability above shall apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages and, therefore, some or all of the exclusions and limitations described above may not apply in your case. Notwithstanding any provision to the contrary in our Terms and Conditions, in such cases, the liability of Videsk SpA, its licensors, affiliates, successor entities, or new owners shall be limited to the maximum extent permitted by applicable law.

Software Updates

Videsk SpA continuously changes and improves the products and services, and may add or remove functions or features. Videsk SpA may request Users to update their information or update their version of the products or services at any time, and may also suspend or interrupt a service in its entirety for these purposes.

If Videsk SpA cancels a product or service, and provided it is reasonably possible, we will notify you with reasonable advance notice and provide you with the possibility of obtaining information under that product or service. Necessary efforts will be made to preserve Users’ personal configurations and preferences, the latter not being a sanctionable obligation.

Modification of the Terms and Conditions

The User accepts these Terms and Conditions and authorizes Videsk SpA to modify these Terms and Conditions when deemed necessary and timely. Consequently, you agree to periodically review these Terms and Conditions, notwithstanding that any modification that may be made will be timely notified. We will give notice of modifications to the Terms and Conditions and Privacy Policy, as applicable, and will update the “Last Modified” date at the top of the Terms and Conditions or Privacy Policy on the Videsk SpA website. By continuing to use our services, you confirm your acceptance of the Terms and Conditions and our Privacy Policy, with any modifications.

In the event that a User does not agree with our Terms and Conditions or Privacy Policy or with their modifications, they must stop using our services.

Applicable Law and Conflict Resolution

These Terms and Conditions shall be governed, interpreted, and executed in all their parts and regardless of the persons or legal entities appearing therein, by the legal framework of the Republic of Chile. The parties agree that any controversy arising in relation to this agreement, its existence, validity, interpretation, scope, or compliance, must be submitted to the competent Courts of Justice in accordance with the procedures and applicable law of the Republic of Chile and conducted in Spanish, except by express agreement to the contrary.

Miscellaneous

Our services may be interrupted, including for maintenance, repairs, or updates, or due to equipment or network failures. We may discontinue at any time all or some of our Services, including some functions and compatibility with certain devices and platforms. Our Services may be affected by events outside our control, such as natural disasters and other force majeure events.
The provisions that address topics such as: License, Liability, Indemnification, Applicable Law, and the Privacy Policy shall survive termination of the contractual relationship with Videsk SpA.
Our Terms and Conditions are written in Spanish. Any translated version is provided exclusively for the User’s convenience. In the event of discrepancies between the original Spanish version and a translated version of our Terms and Conditions, the original Spanish version shall be the prevailing document.
Any modification or waiver of our Terms and Conditions requires our express consent.
All products and services offered on our website may be created, operated, charged, sent, presented, or executed by a third-party website or company, and in such case would be subject to their own Terms and Conditions.
All our rights and obligations in our Terms and Conditions are freely assigned to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owners.
The Terms and Conditions of the products and services shall form part of your contract.
You shall not transfer any of your rights or obligations under our Terms and Conditions to any third party without our express prior consent.
Except as contemplated herein, our Terms and Conditions do not grant any third party beneficiary rights.
If we do not enforce any provision of our Terms and Conditions, it shall not be considered a waiver.
If any of the provisions of these Terms and Conditions is deemed illegal, invalid, or, for any reason, unenforceable, said provision may be excluded from our Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
We reserve all rights not expressly granted. We may notify by means of a general notice in the products and services, email to the address registered in the user account, or by certified mail to the address registered in your account or main contract.
Nothing in our Terms and Conditions shall prevent us from complying with the law.

Contact Us:

If you have questions about our Terms and Conditions or our Privacy Policy, you may contact us at the following address.

Videsk SpA Santiago Centro, Chile

[email protected]