PLATFORM TERMS AND CONDITIONS
Welcome to PIC SpA (“PIC”)’s platform contained in http://www.picparks.com (also .org, .net, .info, .green and .cl) and
http://www.preserveincommunity.com (also .org, .net, .info, .green and .cl), hereinafter referred to as the "Platform".
The Platform includes all the applications and services offered by PIC.
If you continue to browse and use this
Platform you are agreeing to comply with and be bound by the following terms and conditions of use, hereinafter the
"Terms and Conditions". The Terms and Conditions must be complied with by the users of the Platform, hereinafter indistinctly
"You" or the "User". PIC periodically reviews and modifies the Terms and Conditions. These changes become effective
as of the moment they are inserted into the text. Please read the Terms and Conditions carefully every time you access
the Platform, since, for all legal purposes, by the single act of accessing the contents of the Platform, you accept
and recognize that you have reviewed all the Terms and Conditions and that you agree with them.
ON THE SERVICES
PIC offers a crowdfunding service for ecological preservation projects through the voluntary contribution of its Users
to one or more projects. It is expressly stated that the User pays for a service that in any case involves acquiring
property or other ius in re over land or real estate. When a third party requires the services offered by PIC to finance
its preservation project, PIC will be in no way responsible for the breach of obligations and commitments assumed by
the third party. Nevertheless, PIC will make its best efforts to properly filter when selecting among projects which
applied to the Platform. Of the proceeds, PIC will retain as profit a 10% of the obtained funding, plus VAT, notwithstanding
the transaction cost associated with the payment method chosen by the User.
ON THE INFORMATION CONTAINED IN THE PLATFORM
PIC makes all the efforts to include complete, accurate and up-to-date information in the Platform. However, PIC does
not provide any warranty as to the accuracy, timeliness, completeness or suitability of the information and materials
found or offered on this Platform for any specific purpose. Neither does it provide any warranty regarding the fact
that the functional aspects of the Platform are free from error, or that the Platform or the server which makes it
available to the User are free from viruses or from any other components of a damaging nature. Neither does it warrant
that the files that may be uploaded are free from infections, viruses or other manifestations of contaminated codes
or destructive properties. PIC expressly excludes liability for any direct, indirect, foreseen, unforeseen or any other
damages that are caused by the use of the information or material provided by the Platform, or for the services offered
by the User, to the User or to third parties. Any information contained in the Platform is provided as available, without
any implicit or explicit warranty whatsoever, including, but not limited to, the implicit warranties of suitability
of a product or service for a certain purpose. PIC does not provide any warranty as to the accuracy, integrity, reliability
or effectiveness of the material, connections or results obtained from the use of the Platform and of its services.
PIC will not be responsible for the decisions or actions that You may adopt based on the reliability of the information
contained in this Platform.
The Platform may contain links to other websites or platforms which are operated by persons other than PIC and, therefore,
we do not have any control over those other websites or platforms. We cannot be responsible for the protection and
privacy of any information which you provide whilst visiting such sites or platforms. The links with other sites or
platforms are the exclusive responsibility of the User.
The User undertakes, without any reservations or restrictions of any kind, to:
- Use the Platform, its services and contents in an acceptable way, under his/her exclusive responsibility, and to
respect the Terms and Conditions that govern it, the current legislation, morals, good habits and public order;
- Refrain from using the Platform, its services and contents for any unlawful purposes or ends, or make any attempt
to violate the rights or interests of third parties;
- Avoid rendering useless, causing saturation, deterioration or damage to the Platform, its services and contents,
or causing any effect that hinders the normal use of the Platform by its Users;
- Abstain from reproducing, copying, commercializing, assigning, re-circulating, retransmitting, distributing, publishing
or modifying the contents of this Platform, except with the prior authorization of PIC;
- Be liable for damages of any nature caused to PIC as a result of a breach by the User of the Terms and Conditions
to which he/she is bound. However, if due to the application of current legislation, and by virtue of an administrative
resolution or of a judicial sentence, PIC results obliged to indemnify for damages as a consequence of the improper
use of the Platform by a User or the breach of its Terms and Conditions, the User will be obliged to reimburse
or indemnify it, as the case may be;
- Warranty the truth, accuracy, effectiveness and authenticity of the personal data provided by the User, promising
to update this data as necessary;
- In case of purchases and payments made by minors (under the laws of the country in which the operation is verified),
the holder of the payment method used shall be liable to PIC. The User will be subject to the following obligations
in case he/she establishes a link or hyperlink between his/her web page and any of the web pages of the Platform:
- The link will only allow access to the web pages or to the Platform, but will not be able to reproduce them in
- No false, inaccurate or incorrect statements or indications will be made on the web pages or the Platform. In
particular, no statement will be made and it will not be understood that PIC has authorized this link or has
in any way supervised or assumed responsibility for the contents or services offered or placed at the disposal
of the web page with which the link is established;
- With the exception of those signs that are part of the same link, the web page in which the link is established
will not contain any brand, trade name, label of establishment, denomination, logo, slogan or signs other than
those belonging to PIC, except with the prior authorization of the latter;
- The web page in which the link is established will not contain information or contents which are unlawful or
contrary to morals, good habits and public order, nor will it contain contents that violate any rights of third
parties. Notwithstanding the foregoing statements, the eventual establishment of such a link in no event represents
a relationship between PIC and the owner of the web page in which the link is established, or the acceptance
or approval by PIC of the contents or service being offered therein to the users.
All content that the User sees, reads or access in the Platform (including but not limited to images, photographs, illustrations,
icons, texts, font code, design or any other content) is protected under Chilean law and international treaties on
intellectual and industrial property, unless otherwise expressly noted. The User shall not sell, reproduce, distribute,
modify, publish or any other similar activity, with any element of content of the Platform, nor use it in any other
website or platform on the Internet, for any purpose.
PIC does not grant any license, right or authorization to
use of any kind on its intellectual rights or any other property or right related to the Platform or the services offered
RESERVATION OF RIGHTS
PIC hereby expressly reserves itself the right to,
- Unilaterally, partially or fully modify or remove the layout of elements that make up this Platform, its general
or specific configuration, its services or contents and its conditions of access and use;
- Refuse or withdraw access to this Platform, its services and contents, at any time and without prior notice, to those
Users who breach these Terms and Conditions;
- Unilaterally terminate, suspend or interrupt, at any time and without prior notice, the performance of the service
of the Platform and/or of any of its services or contents;
- Modify the present Terms and Conditions at any time.
The User undertakes to indemnify and hold harmless PIC, its executives, directors or employees, from any and all direct,
indirect, foreseen, unforeseen or any other damages from claims, actions or lawsuits, including, without limitation,
any disbursements in which PIC may have incurred with relation to legal and accounting fees resulting from or directly
or indirectly related to any use that the User may have made of the contents, services or materials offered thereby,
or to a breach of the stipulations contained herein.
JURISDICTION AND APPLICABLE LAW
The present Terms and Conditions will be construed and executed according to the laws of the Republic of Chile. The parties
shall make their best efforts to amicably resolve any difficulty related with this Terms and Conditions. If such difficulty
cannot be amicably resolved, any controversy related to the Platform shall be submitted to arbitration pursuant to
the Rules of Arbitration Procedure of the Santiago Arbitration and Mediation Center in effect at the time of its initiation.
The parties confer an irrevocable special power of attorney upon the Santiago Chamber of Commerce so that it may, at
the written request of any of the parties, appoint an arbitrator from among the members of the arbitration corps of
the Santiago Arbitration and Mediation Center, who will be empowered to act as arbitrator-at-law with regard to the
substance of the dispute and as ex aequo et bono with regard to the procedure. There shall be no remedy against the
arbitrator's resolutions. The arbitrator is especially empowered to resolve any matter relating to his/her competence
and/or jurisdiction. The arbitration shall be seated in Santiago and the language of the arbitration will be Spanish.