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Below you will find the Terms and Conditions (or “Terms of Use”) of the website www.wited.com (the “Site”), which constitute a contract between Portal Educativo INC., or any of its subsidiaries (Wited SpA, RUT No. 76.201.875-6 or Wited SA de CV) (hereinafter any of the foregoing as “Wited”) and the user (hereinafter “you” or the “User”).
In these Terms of Use, when we refer to Wited, this includes by reference its owners, directors, officers, investors, employees, or any natural or legal person related to it. Depending on the context, Wited may also refer to the services, products, website, content, or any material that Wited provides on or outside the Site.
By using or browsing the Site, registering for a user account on the Site (the “Account”), or using any of the services that Wited may make available to the User on the Site, you are accepting and therefore agreeing to comply with these Terms of Use.
Therefore, before performing any action on or through the Site, you must read all of the Terms of Use carefully, and if you do not agree, you must refrain from continuing to use it.
In other words, by opening an account on the Site and becoming a Registered User (the “Registered User”), you are expressly warranting that:
You accept and are bound by these binding Terms of Use; and
You have full capacity to accept and be bound by the Terms of Use.
The Site is a web platform intended to offer educational services aimed primarily at school-age minors, through an online digital platform via which different courses or study materials are contracted and/or subscribed to, according to the User’s needs (the “Service”).
To receive the Service, you must be registered on the Site and therefore have an Account.
For the provision of some of the services, you accept that they may be subject to a service fee, which will be informed in advance by Wited.
Without prejudice to the fact that the Site and the Services are aimed at Registered Users in the Republic of Chile, Users from other countries may also access them. In the latter case, it is your responsibility to comply with the regulations and laws of the country in which you reside, or the country from which you are accessing the Site and Wited’s services. To that extent, the User may not use the Site and/or Wited’s services to directly or indirectly violate any provision of the applicable legal framework.
The User acknowledges and accepts that the Services provided and made available on and through Wited are the exclusive property of Wited. We may offer the Services or other access through additional mobile applications, which may be available on various social networking sites and many other platforms and downloadable programs.
At our sole and exclusive discretion, we may offer additional Services and/or products, or we may update, modify, or revise any current content and Services. If we do so, these Terms of Use will apply to each and every additional Service and/or product, and to each and every updated, modified, or revised Service, unless otherwise stipulated. Furthermore, we reserve the right to cancel and cease offering any of the aforementioned Services and/or products at our discretion. You, as a Registered User, acknowledge, accept, and agree that we will not be liable for such updates, modifications, revisions, suspensions, or discontinuations of any of our Services and/or products. Your continued use of the Services provided, after the posting of any update, change, and/or modification, will constitute your acceptance of such updates, changes, and/or modifications, and as such, these Terms of Use and each and every applicable term must be reviewed by you frequently to ensure that you are aware of all terms and policies currently in force. If you do not agree with the updated, revised, or modified terms, you must immediately stop using the Services provided.
By registering as a Registered User on the Site, you agree to provide us with true, accurate, and up-to-date information. Any change in this information is your responsibility and therefore we request that you update it whenever it changes and from time to time, since this is how we will try to contact you for any necessary reason. Likewise, when registering as a Registered User, you must choose a secret access key, password, or passcode, and you are solely responsible for maintaining its confidentiality, and therefore responsible for the information and use of your Account.
The Account is personal, unique, and non-transferable. Accordingly, you accept that the sale, assignment, or transfer of the Account is prohibited.
Notwithstanding that Wited has strict security controls on the Site, the User declares that they will not use other people’s accounts nor assist third parties in gaining access to them without our prior and express authorization.
Unauthorized use of Accounts other than your own will result, in Wited’s judgment, in the suspension or immediate closure of all accounts involved. Any attempt to do the foregoing or to assist third parties (Registered Users or not) in unauthorized use of Accounts, whether by distributing instructions, software, or tools for that purpose, will result, in Wited’s judgment, in the immediate closure of the respective Accounts. The closure or termination of Accounts is not the only action Wited may take as a consequence of any breach or violation of what is set forth herein or in other sections of the Terms of Use, and Wited reserves the right to take any other action against the persons involved.
Wited reserves the right to reject any registration request or to cancel a previously accepted Account, without being obligated to communicate or disclose the reasons for its decision and without this giving rise to any right to compensation or reimbursement for such User.
By using Wited, you acknowledge and accept that the Services provided by Wited are not intended to, may not, and should not be considered a substitute for the educational services that may be provided by an educational institution recognized by the competent authority in the respective country. Without prejudice to the foregoing, the Services may contain materials intended for homeschooling or home education, which is, however, the User’s responsibility and decision to adopt. Wited, in no case, recommends or suggests which educational service a User should choose, and therefore the User is completely free to use the Services as they see fit, at their own risk, in relation to the education provided by institutions recognized by the competent authority or any differences between those and the Services of Wited. Furthermore, no fiduciary or trust relationship has been created between you and Wited.
You understand and acknowledge that through the use of Wited, you are not obtaining an education that is officially recognized by any authority competent to do so.
You accept that your use of Wited and the Services is at your sole and exclusive risk, and that all Services are provided “as is” by Wited. Wited hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
The Company’s maximum liability arising from or related to your use of Wited or the Services is limited to the greater of one hundred US dollars (USD $100), and the amount you have paid to the Company within the last three (3) months. This applies to any and all of your claims, including, without limitation, loss of profits or revenue, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Registered Users may terminate this agreement with Wited at any time and therefore close their Accounts whenever they deem it appropriate. However, in such cases no refund of any money will be made if Services have been paid for in advance.
You further accept and agree that Wited may, without prior notice, limit, suspend, or terminate the service and the Accounts, prohibit access to the Site, its content, services, and tools, restrict or remove stored content, and take technical and legal actions to keep Registered Users off the Site if it believes they are violating the Terms of Use.
Wited may, at its sole discretion, suspend or close Registered Users’ Accounts for any of the following reasons, which are provided by way of example only:
If a Registered User attempts to access the Site or another Registered User’s Account without authorization, or provides assistance to others so that third parties can do so;
If a Registered User interferes with security features of the Site that limit or protect any type of content;
If, in Wited’s judgment, a Registered User engages in fraudulent or willful misconduct;
If a Registered User breaches or violates the Terms of Use;
If a Registered User fails to pay or improperly pays for the Services provided through the Site; or
If a Registered User causes operational difficulties on the Site.
The suspension or closure of an Account shall not affect the payment of any service fees already accrued and owed.
The Services have different plans and prices depending on their characteristics and duration, which are duly disclosed on the Site before contracting.
Prices are indicated in the User’s local currency; however, they may also be displayed in other currencies if Wited deems it appropriate.
Failure to pay for the Services in the agreed manner and within the agreed deadlines entitles Wited to suspend the provision of the Services until the User makes or regularizes the corresponding overdue payments. As of the third month of suspension, Wited may terminate the Services without the need for any judicial declaration, by simply sending an email to the Registered User in this regard.
NOTWITHSTANDING THE FOREGOING, WITED RESERVES THE RIGHT TO RETAIN AND/OR CLAIM PAYMENT FOR THE ENTIRE PERIOD CONTRACTED BY THE USER, EVEN IF THE PROVISION OF THE SERVICES HAS BEEN TERMINATED BEFORE THE END OF THE CONTRACTED TERM. The User states that they understand the above and hereby waives any right to request any type of compensation for the suspension or termination of the Services, whether during the period in which payment for the Services is overdue or as a result of the termination of the Services.
If you choose to purchase any of the paid plans or services available on Wited, you will be asked to provide billing information, including, but not limited to, your credit card number and billing address. You may be asked for additional information, including, but not limited to, the card security code or other information for billing or verification purposes.
The processing of such purchases, orders, and payments is carried out by different providers (the “Payment Provider”), whose terms and conditions we recommend that you review. Your payment relationship with this Payment Provider is governed by that provider’s Terms and Conditions and Privacy Policy.
At the time you select a plan or service, you will pay the amount required to access that plan or service. For certain paid plans or services, you will be charged a one-time flat fee, a recurring subscription fee, or other fees, as previously disclosed by Wited.
The price of the plan(s), their names, and the features of each plan may change at any time, but such changes will not affect Services already contracted for the contracted term.
At the time of your purchase, you will be shown a breakdown of the charges. You authorize the Payment Provider to charge your credit card the amount(s) shown at the time of your purchase. If the Service you have chosen operates on a subscription basis, you authorize the selected Payment Provider to charge the amount communicated to you each month until you request cancellation, which can be done by sending an email to [email protected].
For ongoing payments, you can edit your payment method from the Settings page.
If you choose to participate in an external third-party service through Wited’s referrals, billing for that third-party service will be handled exclusively between you and that service, without Wited’s further involvement.
You accept and agree that Wited is not responsible for any damage, harm, or loss to the Registered User caused by failures in the system, server, Internet, or the Site. Wited will also not be responsible for any virus that may infect the Registered User’s equipment as a result of access to, use of, or examination of the Site or as a result of any data, file, image, text, or audio transfer contained therein. Users may NOT attribute any liability to Wited or demand compensation for lost profits or any damage as a result of technical difficulties or failures in the systems, Internet, or the Site. Wited does not guarantee continuous or uninterrupted access to and use of the Site. The system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond or within Wited’s control; in such cases, Wited will seek to restore it as quickly as possible without this implying any type of liability. Wited will not be responsible for any error or omission in the content on the Site.
Unless otherwise expressly stated, all material on this Site is the property of Wited and is protected by copyright, trademark rights, and other applicable international laws. The User may review, print, and/or download copies of the material on the Site for exclusively personal, informational, and non-commercial use.
The Wited brand and logo used on the Site (the “Trademark”) are the property of Wited and its respective owners. The software, texts, reports, images, graphics, information, courses, educational materials, videos, and audios used on the Site (the “Material”) are also the property of Wited, unless expressly stated otherwise. The Trademark and the Material may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed for commercial purposes, whether automatically or manually. The use of any Material on another site or computer network for any purpose other than that of the Wited Site is strictly prohibited; any unauthorized use will constitute a violation of copyright, trademark rights, and other applicable international laws and may result in civil or criminal penalties.
You accept that Wited reserves the right to grant certain persons (legal or natural) access to specific information through our API (Application Programming Interface) or through Widgets. You also accept that Wited reserves the right to provide Widgets so that the User may display information from the Site on the User’s own sites. You are free to use these Widgets as provided by Wited, without altering or modifying them.
Wited is not in any way responsible for external or third-party websites that you may access from the Site. In this regard, the Site may occasionally reference or contain links to other websites (“External Sites”). Wited does not control these External Sites or the information contained therein, and therefore is not responsible for your interaction with them, nor do we suggest that you access or use them.
The External Sites have policies and terms of use that are different and independent from those of the Wited Site, so their access and use are very different from what may result on this Site, and therefore we suggest that you review the policies, rules, terms, and regulations of each External Site you visit. It is your responsibility to take the necessary precautions to ensure that any access to or use of such External Sites is free of viruses, worms, trojans, and other destructive elements.
You expressly acknowledge and agree that:
Your use of Wited’s services and software is at your own risk. Our services and software are provided “as is” and/or “as available.” Although Wited seeks to provide the best service it can, Wited, its directors, officers, managers, employees, or representatives make no warranties, express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
Furthermore, Wited, its directors, officers, managers, employees, or representatives do not warrant that:
Wited’s services or software will meet your requirements or objectives;
Wited’s services or software will be uninterrupted, timely, secure, or error-free;
The results that may be obtained from the use of Wited’s services or software will be accurate or reliable;
The quality of any product, service, information, or other material you may purchase or obtain through our services or software will meet your expectations; and
Any errors in the software will be corrected.
Any information or material downloaded or otherwise obtained through Wited’s services or software is accessed at your sole discretion and risk, and as such, you will be solely responsible and hereby waive any claim or action regarding any damage to your computer and/or Internet access, download and/or viewing, or any loss of data that may result from the download of such information or material.
No advice and/or information, whether written or oral, that you may obtain from Wited or through our services or software shall create any warranty not expressly stated in the Terms of Service.
Wited shall not be liable for any damage, loss of profits, loss of revenue, loss of business, loss of opportunities, loss of data, or for any indirect or consequential damages, unless such loss has been caused by Wited’s gross negligence or willful misconduct.
Notwithstanding the foregoing, Wited’s maximum liability arising under or in connection with the use of the Site is limited to the greater of:
a) One hundred United States dollars (USD $100); and
b) The amount you have paid to Wited within the last three (3) months.
The Registered User shall indemnify, hold harmless, and defend Wited, its affiliates, subsidiaries, and parent companies, and their respective directors, managers, officers, and employees, from and against any action, claim, or demand by other Registered Users or third parties for their activities on the Site or for their own breach of the Terms of Use and other Policies deemed incorporated into the Terms of Use, or for the violation of any laws or third-party rights, including reasonable attorneys’ fees.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations in the sections “No Warranties” and “Limitation of Liability” may not apply to you.
If we are unable to provide the Service described in these Terms of Use for reasons beyond our control, including but not limited to force majeure events or factors, regulatory changes, changes in law, or sanctions, we will not be liable to Users in relation to the Service offered under this agreement for the duration of such event or factor.
Wited reserves the right to modify these Terms of Use at any time. Wited undertakes to make reasonable efforts to inform Users of changes to the Terms of Use through the channels it deems appropriate, but it is ultimately the User’s responsibility to periodically review the Site’s Terms of Use.
If, after changes to the Terms of Use are made, Users continue to use and access the Site, such continued use will mean that they accept those changes.
To use the Services offered by Wited, Registered Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain physical and technological security and protection standards. For more information about the privacy of Personal Data and the cases in which personal information will be disclosed, please consult our Privacy Policy.
Notwithstanding the foregoing, electronic communications are permitted to both parties under these Terms of Use, including email.
If any term or provision contained in these Terms of Use or its application to any person or circumstance is declared invalid or unenforceable, the remainder of the Terms, or the application of such term or provision to persons or circumstances other than those for which it is held invalid, shall not be affected thereby and shall remain valid and enforceable to the fullest extent permitted by law, and Wited and you shall agree to substitute such term or provision with other terms and provisions that, to the extent permitted by law, allow the parties to obtain the benefit of the term or provision so held invalid or unenforceable.
By default, these Terms of Use are governed by the laws of Chile and the parties submit to the ordinary courts of justice of the commune and city of Santiago.
If the foregoing is not applicable due to any legal provision to the contrary, we will submit to the jurisdiction and venue that may be applicable.
If you have any questions, complaints, comments, or suggestions regarding these Terms of Use, your rights and obligations arising from these Terms of Use and/or your use of the Site and its Services, or your Account, please contact us at [email protected].
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