GENERAL TERMS AND CONDITIONS OF THE WEBSITE
ENGLISH EMPORIO is part of JHV UNIVERSAL LTD, RUT: 76.052.085-3, registered in the Registry of Commerce, Santiago, Chile and is the owner of the WEBSITE at www.englishemporio.com , hereinafter known as ‘THE WEBSITE’, which puts certain information at the disposition of it users as well as sells certain products and services. The WEBSITE is accessible from multiple domains or addresses of the Internet, the main of which is http://www.englishemporio.com
Through the WEBSITE, ENGLISH EMPORIO facilitates users the access and the use of various services and content (hereinafter "Services") made available by ENGLISH EMPORIO or third parties. These terms and conditions aims to establish and regulate the general access to the WEBSITE, as well as various content and services provided by ENGLISH EMPORIO or third parties from or through it. Both access and the general use of the WEBSITE by the user of the same (hereinafter, the "user"), implies by necessity the full acceptance and without reserve of all and each of the regulations included in the general ‘Terms and Conditions’ of access and use of the same.
The user is expressly informed and accepts that these conditions may change in the future to the free criteria of ENGLISH EMPORIO and without any prior notice on their part. As a result, it will be the sole responsibility of the user to verify the terms and conditions in force on each of the occasions in which the user intends to use the WEBSITE. The use of certain services offered to users through the website in particular the transaction environment or the ON-LINE SHOP of the website - is subject to special conditions (hereinafter the "specific conditions") which, depending on the case, may substitute, complete and/or modify the present terms and conditions.
II. ACCESS LEVELS AND USER REGISTRATION: As a general rule the mere access to the website is free. However, ENGLISH EMPORIO applies conditions to access to certain areas of the WEBSITE and use of all its services, requiring the prior completion of the relevant form of user registration. For all purposes, access to the WEBSITE through user identification through social networks will be deemed user registration and necessarily implies the acceptance without reservation or objection of the present terms and conditions. Also, ENGLISH EMPORIO may make available to users certain services which, to use them, could require the completion of additional records and/or monetary payments. Where appropriate, such registration shall be made expressly as indicated in the service or in the conditions governing it.
The User of ENGLISH EMPORIO is required to be of legal age. The user declares that he / she is at least 18 years of age and guarantees the validity this information, as well as the registration data provided to ENGLISH EMPORIO and is responsible for keeping the information fully updated while maintaining user status. In any case the user will be solely responsible for false or inaccurate information and all and any damage caused to ENGLISH EMPORIO or third parties for the information provided. ENGLISH EMPORIO reserves the right to refuse registration on the WEBSITE. This refusal does not give the right to any compensation. Once the registration process is completed satisfactorily ENGLISH EMPORIO will register the user in its database of registered users. An account will be generated with the user’s email address and password associated with each user.
III. OBLIGATIONS OF THE USER: Obligations of the user, without prejudice that may arise from the clauses of this document, are the following:
· User will be obliged to guarantee the truthfulness and accuracy of the registration data introduced in ENGLISH EMPORIO information systems and carry out many updates of them were needed. In any case the user will be solely responsible for false or inexact manifestations that do and the damage caused to ENGLISH EMPORIO or third parties for the information provided.
· Keep the "user" and "password" with diligence, preventing access by third parties not authorized to them and thus ensuring its confidentiality.
· Notify ENGLISH EMPORIO immediately any indication of the existence of an infringement in website security, inappropriate or prohibited uses of services from the same, or security of any kind.
· Make good use of the content, information and services from or through the website, in accordance with the law, in good faith and generally accepted good manners, expressly committing to refrain from any action that could disable, overburden or damage systems, equipment, or services of the WEBSITE or services directly or indirectly accessible through the website.
IV. DISCLAIMER OF WARRANTIES: Access to the website does not imply any warranty regarding quality, veracity, accuracy, legality, currency or validity, as well as the usefulness or fitness for purpose of who access it and ENGLISH EMPORIO expressly refuses or waives any such warranty. Both access to the website and the use that the user may make of the information and contents included therein or accessible from it, is carried out under the sole responsibility of the user. ENGLISH EMPORIO is not liable in any case and to any extent, by any direct or indirect for consequential damage or for loss of earnings, for any damages resulting from the use of the information and contents of the WEBSITE or accessible from or through it. ENGLISH EMPORIO does not guarantee in any way the quality, veracity, accuracy, legality, news or validity, as well as the usefulness or fitness for purpose of the content that make up the WEBSITE. ENGLISH EMPORIO excludes, to the full extent permitted by law, any liability of any kind for quality, veracity, accuracy, legality, currency, validity or utility/fitness for any purpose for which the user could have attributed to the content comprising the WEBSITE. The WEBSITE may contain links to pages which, even though within the WEBSITE are under third party liability and / or the website may contain links to external websites. In both cases, ENGLISH EMPORIO can not control or supervise the content in any way. ENGLISH EMPORIO denies, to the full extent permitted by law, any liability of any kind, arising from the existence or possibility of access to such content. Also ENGLISH EMPORIO will not be responsible, even in a way directly or indirectly, for any products or services supplied or offered by other persons or entities, or for content, information, communications, opinions or declarations of any kind arising or made by third parties and which can be accessed through the websites of ENGLISH EMPORIO.
SECURITY AND PRIVACY: ENGLISH EMPORIO will employ reasonable means at its disposal to provide security systems that reasonably protect their systems and data contained therein against deliberate attacks, malware, etc. However the user understands and accepts the aspects which involves the provision of services via the Internet given the open, decentralized and global nature of this communications network. For this reason ENGLISH EMPORIO not guarantee the impregnability of its systems of security or the privacy of the information hosted on the same. ENGLISH EMPORIO denies, to the extent permitted by law, any liability of any kind for security flaws in the website and the consequences that may arise from them.
What is a Cookie ? A cookie is a small data file that is stored on the hard disk of the visitor to a website.
What kind of cookies there ?
Session Cookies: These are temporary cookies that are not stored on the user's device, but they disappear when the session ends. Information obtained through these cookies, used to analyze traffic patterns on the web and provide the services we offer through it, such as free email account.
Persistent Cookies: Cookies are stored in the user device and for retrieving information from the navigation on the next visit. They have an expiration date, but this expands beyond the end of the session. These cookies allow you to customize your visits, through their preferences (for example, country and language).
Permanent: When installing or upgrading or Tools / Internet Options Explorer offers the possibility to refuse the installation of cookies or receive a warning when you go to install a Cookie. This setting is kept until you decide to change it.
Specific: Most internet browsers offer the possibility of a "private browsing" so that regardless of the generic settings that you can have in your browser, for a given session, requesting that cookies are automatically deleted when the session ends.
Exactly what kind of cookies are in this website? They are called browser cookies, these cookies collect information on how visitors make use of the web, such as page views, loading errors etc. They are generic and anonymous, no personal data is included, and no information is collected identifying visitors; the ultimate goal being to improve the functioning of the web.
Cookies do NOT contain any personal user data.
Cookies do NOT contain any information that could identify the user. By visiting our website, you accept the installation of these cookies on your device
INTERRUPTION OR SUSPENSION OF THE SYSTEM: In general different services will be available without interruption on the Internet. However, the user is made aware that ENGLISH EMPORIO does not guarantee in any way this continuity due to the nature of the medium through which the services are provided.
The user understands and accepts the aspects which involve the provision of services via the Internet given the open, decentralized and global nature of the network.
So, while the limits are not exhaustive, below some examples of situations are given that may temporarily disrupt the provision of such services:
· Maintenance on the servers or data lines
· Damage to servers or data lines
· Deliberate attacks against the security and integrity of the system
· Computer virus or presence of malicious code on pages that are accessible from the WEBSITE
ENGLISH EMPORIO denies, to the full extent permitted by law, any liability of any kind for the temporary interruption in the availability of the WEBSITE on the Internet.
The user is made aware that ENGLISH EMPORIO may at any time, at its sole discretion and without any obligation of notice, suspend definitively the presence of the WEBSITE on the Internet and therefore the services provided from or through it, without prejudice to what has been arranged on the matter in the relevant conditions. ENGLISH EMPORIO is exempted from any liability of any kind for consequences that may occur for the definite suspension in the provision of such services. Warning about product stock amounts displayed in the shop on-line from the WEBSITE: the WEBSITE consists of a section of shop online that can display information about the quantity of available products. ENGLISH EMPORIO makes efforts to keep information of the products and quantities available updated on the WEBSITE, according to the information transmitted each time, but the transmission of such cannot be guaranteed at all times, it being information, supplied by third parties.
VI. VOLUNTARY REMOVAL, EXCLUSION AND RESPONSIBILITIES: Any user may request to be removed as user, at any time, by sending an e-mail to firstname.lastname@example.org. ENGLISH EMPORIO will have 30 days to remove the user’s account. ENGLISH EMPORIO will examine the situation of the user with respect to all services subscribed to and products ordered and received, where appropriate, will issue invoices of all those charges that may be due at the time the request for removal. If there are no monies due the account removal will take effect immediately. Otherwise, the removal will be subject to the payment of monies due to ENGLISH EMPORIO. The user is responsible for the proper use of the WEBSITE and services contracted from or through it. Any other use of the services by the user, shall entail the immediate loss of their status as registered user of this website, without the right to any compensation and despite corresponding legal actions to by ENGLISH EMPORIO. The falsification of personal or professional data provided by the user during the registration process on the website or in any of the services provided from or through it may involve immediate exclusion of the WEBSITE with the loss of their status as registered user, without the right to any compensation and despite the corresponding legal actions by ENGLISH EMPORIO or third parties. Any action by the user that could put at risk or damage systems, equipment, or services accessible directly or indirectly through the website, will involve immediate exclusion with loss of their status as registered user, without the right to any compensation and despite corresponding legal actions by ENGLISH EMPORIO. Any action by the user that violates these terms and conditions, particular conditions that might regulate specific services, law or good customs being generally accepted, will involve immediate exclusion from the WEBSITE with the loss of their status as registered user, without the right to any compensation and despite corresponding legal actions that by ENGLISH EMPORIO. The user shall be solely responsible against any claim, legal, judicial or extra-judicial, action initiated by third parties against the user and / or ENGLISH EMPORIO, as a result of the use of the services contrary to law, morality, good faith and decency.
For the purposes of effecting the appropriate notifications, ENGLISH EMPORIO appoints the email address of contact that which is specified at the top of the present terms and conditions. The email provided by the user during registration on the website, will be used by ENGLISH EMPORIO for the purpose of sending notifications to the user. The user is obliged to keep data properly updated, for purposes of notifications, as referenced in this clause. All notifications ENGLISH EMPORIO make to the user shall be deemed valid if they have been made using the data and through the above mentioned media. ENGLISH EMPORIO is not responsible for any damage that may result from the user’s violation of his / her obligation to keep contact details up-to-date.
ENGLISH EMPORIO can change promotions and discounts generated by existing policies promotions on its website without notice and reserves the right to withdraw or cancel the discounts obtained if suspected that they have been obtained unlawfully or fraudulently. Similarly, ENGLISH EMPORIO reserves the right to cancel discounts and restore the original data of users in promotions if changes in the conditions of application and / or generation of the rules and promotions that have generated such discounts.
IX. VALIDITY AND COMPLETE AGREEMENT:
The Declaration of nullity or invalidity of any provision contained in these terms and conditions, will not affect the validity and effectiveness of the remaining provisions. The terms and conditions of the services provided by ENGLISH EMPORIO through the WEBSITE constitute the entire agreement between the parties, where superior to any prior agreement, oral or written, understanding, affirmation, representation, negotiation, or purpose of agreement in relation to this matter.
X APPLICABLE LAW AND JURISDICTION:
These terms and conditions shall be governed and construed in each and every one by means of the law.
Both ENGLISH EMPORIO and the user agree to attempt to resolve any dispute amicably which may arise in the development of the commercial relations.
For the solution of contentious issues that may arise from the development of commercial relations between them, both parties agree to submit to the jurisdiction of the courts and tribunals of Santiago, Chile.