Contractual relationship
The general conditions of use (the “Conditions”) regulate your access or use of the WAPII computer application (hereinafter and interchangeably “WAPII” or the “Application”) and the website www.wapii.com (the "Website”) , its content, products and services (hereinafter the "Services") made available by Empresas Disruptiva SpA, a company constituted and existing under the laws of the Republic of Chile, Unique Tax Number number 76.442.234-1 , with registered office at Apoquindo 6410 Office 1502, commune of Las Condes, Metropolitan Region, Republic of Chile, or the WAPII subsidiary corresponding to your country of residence (as detailed in www.wapii.com) (the “Company”).
By creating your access account to use the Services, you must agree to be legally bound by these Terms, which establish a contractual relationship between you and the Company. You (the “User”) must carefully read and accept these Conditions, agreeing to comply with all its terms and conditions. Likewise, the User acknowledges and accepts that access and use of the Application and/or the Website will be subject to the Conditions that are in force at the time they access it.
If you do not agree to these Terms, you may not access or use the Services. These Conditions expressly replace any previous agreement or commitment with the User. The Company may immediately terminate these Conditions or any of the Services with respect to the User or, in general, stop offering access to the Services or any part of them, for duly founded reasons, a circumstance that will be duly informed.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be communicated to you in connection with the applicable Services. Supplemental terms are set forth in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. The supplemental terms will prevail over the Terms in the event of a conflict with respect to the applicable Services.
WAPII may review and update the Terms relating to the Services. The modifications will be effective once communicated to the User.
WAPII's collection and use of personal information in connection with the Services is as provided in WAPII's Privacy Policy, available on the Website or at the following link https://adminwapii.wapii.com/politicas_de_privacidad.
Service Content
The Services constitute a technology platform that allows Users of the Application and/or the Website to connect in real time with Third Party Providers of parking services and other additional services whether or not related to the referred infrastructure.
License
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Application on your personal device solely in connection with your use of the Services ; and (ii) access and use of any content, information and related materials that may be made available through the Services, in each case, solely for your personal, non-commercial use. The Company reserves any rights not expressly granted by these Terms.
Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any part of the Services; (ii) reproduce, modify, prepare derivative works based on the Services, distribute, license, rent, resell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted by the Company; (iii) decompile, reverse engineer or disassemble the Services, except as permitted by applicable law; (iv) link, mirror or frame any part of the Services; (v) cause or launch any program or script for the purpose of scraping, indexing, analyzing or otherwise mining data from any portion of the Services or unduly overburden or block the operation and/or functionality of any aspect of the Services ; or (vi) attempt to gain unauthorized access to or damage any aspect of the Services or its related systems or networks.
Third Party Services and Content
The Services may be made available through the Application and/or the Website or accessible in connection with third party services and content (including advertising) that the Company does not control. The Company does not endorse such third-party services and content and in no event will it be responsible for any product or service of such third party providers.
Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their corresponding international subsidiaries or affiliates will be third-party beneficiaries in this contract if you access the Services using Applications developed for mobile devices with iOS, Android, Microsoft Windows or Blackberry, respectively. These third party beneficiaries are not parties to these Terms and are not responsible for providing or supporting the Services in any way. Your access to the Services using these devices is subject to the conditions set forth in the terms of service of the applicable third party beneficiaries.
Ownership
The Services and all rights relating thereto are and will remain the property of the Company. Neither these Terms nor the use of the Services transfers or grants to the User any right: (i) in or in relation to the Services, except with respect to the limited license granted above; or (ii) to use or refer in any way to the company names, logos, product and service names, trademarks or service marks of WAPII or the Company.
Use of the Service
User Registration
In order to use the Services provided by the Company through WAPII and/or the Website, you must register and maintain an active personal user account for the Services (the “Account”). To obtain an Account you must be considered of legal age according to the legislation of your country of residence. Account registration requires you to provide the Company with certain minimum personal information, such as your email address, as well as additional information in order to access all Services, including your personal identification and at least one valid payment method ( either a credit card or an accepted payment service). Likewise, you could optionally provide information related to your vehicle, such as license plate, make, model, color and year, in order to access additional services to those listed above. You agree to keep the information in your Account accurate, complete and up-to-date. If you fail to maintain accurate, complete, sufficient and up-to-date Account information, you may be unable to access and use the Services. You are responsible for all activity that occurs under your Account and you agree to keep your Account username and password secure and secret at all times. Unless otherwise permitted by the Application in writing, you may only possess one active Account.
User obligations
The Service is not available for use by persons considered to be minors under the laws of their country of residence. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and may only use the Services for legitimate purposes. In the use of the Services, you will not cause hindrance, annoyance, inconvenience or damage to property, either to the Company or to the Third Party Providers of the Services, to another user or any other third party.
The User must drive vigilantly according to traffic conditions. Sending any content while driving is strictly prohibited. Submissions of content may only be sent after you have stopped your vehicle in an appropriate situation permitted by law. Alternatively, the content may be opened by a passenger other than the driver, if it does not interfere with the course of driving and does not distract the driver.
Network and device access
You are responsible for obtaining data network access necessary to use the Services. Your mobile network's message and data rates and fees may apply if you access or use the Services from a wireless device and you will be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. The Company does not guarantee that the Services, or any part thereof, will function on any particular hardware or device. In addition, the Services may be subject to malfunctions or delays inherent to the use of the Internet and electronic communications.
Text Messages and Notifications
By creating an Account, you agree that the Application may send you informational text messages (SMS) and notifications as part of the normal business activity of using the Services. You may request not to receive informative text messages (SMS) or notifications from WAPII at any time by sending an email to anulacion@wapii.com, indicating that you no longer wish to receive such messages, along with the telephone number of the mobile device. that receives the messages. You acknowledge that requesting not to receive informational text messages (SMS) or notifications may affect, or even prevent, your use of the Services.
Links, commercial information and promotions in the Application
WAPII may include commercial information or advertisements, such as, for example, pins indicating the location of certain establishments, their commercial offers, coupons, among others, (the "Ads"). WAPII may publish its own or third-party Ads on the Service, in the latter case the Company cannot guarantee the reliability or accuracy of the third-party Ads. Furthermore, without waiving the preceding sentence, the Company shall not be responsible for any form of liability arising from your reliance on or in connection with the use of the content of Ads posted on the Service.
WAPII may, in its sole discretion, create promotional codes that may be redeemed for Account credit or other items or benefits related to the Services and/or the services of a third party, subject to any additional conditions that WAPII establishes based on each promotional code (the “Promotional Codes”). You agree that Promotional Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), except with the permission of the Company; (iii) may be invalidated by WAPII at any time for any reason without liability to the Company; (iv) may be used only in accordance with the specific conditions that WAPII establishes for said Promotional Code; (v) are not valid as cash; and (vi) they may expire before the User uses them. The Company reserves the right to withhold or deduct credit or other items or benefits obtained through the use of the Promotional Codes by you or any User in the event that the Company determines or believes that the use or redemption of the Promotional Codes Promotional Codes was erroneous, fraudulent, illegal or in violation of the conditions of the Promotional Code or these Conditions.
You should not attempt to view or interact with any advertisements when operating a vehicle. You acknowledge and agree that, in the event of any type of accident, neither WAPII nor the third party advertisers will be liable for any direct, indirect, incidental or consequential damages, or any other damages, losses, costs, expenses and payments, or in any other form of liability, arising in connection with the display of advertisements on the Service.
Information provided by the User
The Company may, in its sole discretion, request that you from time to time submit, upload, publish or otherwise make available to WAPII through the Services, any textual, audio and/or visual content or information, including comments. and opinions relating to the Services, as well as presentation of admissions and promotions (the “User Content”). Any information provided by you remains your property. However, by providing WAPII with User Content, you grant a worldwide, perpetual, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform or otherwise in any way exploit such Information in all formats and distribution channels, now known or hereafter devised (including in connection with the Services and WAPII business and on third party sites and services), without further notice or consent from you and without requiring payment to you or any other person or entity.
You represent and warrant that: (i) you are the sole and exclusive owner of all User Content and information submitted or you have all rights, licenses, consents and permissions necessary to grant Company the license to the User Content as set forth has previously established; and (ii) neither the User Content nor its submission, uploading, posting or otherwise making available, nor WAPII's use thereof as permitted herein, will infringe the intellectual property or proprietary rights of any third party. or rights of publicity or privacy or will result from the violation of any applicable law or regulation.
You agree not to provide any information or User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, tortious or otherwise offensive, as determined by the Company, in its sole discretion, whether or not such material may be protected by the law. The Company may, in its sole discretion and at any time and for any reason, without prior notice to you, review, monitor or delete the information and content provided by its users.
Pay
You understand that the use of the Services will be associated with charges for the services you receive from WAPII and the Third Party Providers of parking or additional services related or not to the referred infrastructure (the “Charges”). After you have received the Services, WAPII will make the applicable charges on behalf of the Third Party Provider of the parking or additional services whether or not related to the referred infrastructure, acting as limited collection agent of the aforementioned Third Party. Payment of the Charges in such manner shall be deemed to be payment made directly by you to the Third Party Provider. The Charges will include applicable taxes where required by law. Fees paid by you are final and non-refundable, unless otherwise determined by the Company. You retain the right to request lower Charges from a Third Party Parking Provider for services received by you from such Third Party Provider at the time you receive such services.
All Charges are payable immediately and payment will be facilitated by WAPII using the preferred payment method indicated in your Account, following which WAPII will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise unable to charge you, you agree that WAPII, as the limited collection agent for the Third Party Provider of additional parking or services whether or not related to the referred infrastructure, use a secondary payment method in your Account, if available.
WAPII may establish, eliminate and/or revise Charges for any or all services obtained through the use of the Services. Furthermore, you acknowledge and accept that the applicable Charges will be set directly by the Third Party Parking Provider, so the charge will have a variable rate depending on the Third Party Provider of parking or additional services related or not to the referred infrastructure, as well as periods of use of the service without charge, in accordance with its commercial policies or the conditions of use of said Provider. WAPII will use reasonable efforts to inform you of the Charges that may apply, provided that you are responsible for the Charges incurred on your Account, regardless of whether you are aware of such Charges or the amounts thereof. WAPII may, from time to time, provide certain users with promotional offers and discounts that may result in the charging of different amounts for these or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, to Unless they are also made available to you, they will not count towards your use of the Services or the Charges applied to you. You may choose to cancel your request for services at any time prior to arrival at the specific parking lot indicated in the application, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Parking Provider.
Waivers ; Limitation of liability; Indemnity.
Waivers
To the extent permitted by law, the Company disclaims all representations and warranties, express, implied or statutory, not expressly stated in these conditions, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Furthermore, the Company makes no representation or warranty regarding the reliability, timeliness, quality, suitability or availability of the Services or any of the services requested through the use of the Services, or that the services will be uninterrupted or free. of errors. The Company does not guarantee the quality, suitability, safety or skill of Third Party Providers. You agree that all risk arising from your use of the Services and any services or goods requested in connection therewith shall be solely with you, to the maximum extent permitted by applicable law.
Limitation of liability.
To the extent permitted by law, the Company will not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, loss of data, personal injury or property damage, or any relating to, or in connection with, or otherwise arising from any use of the Services, even if WAPII has been advised of the possibility of such damages. The Company will not be responsible for any damage, liability or loss arising from: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any Third Party Provider, even if WAPII has been advised of the possibility of such damages; (iii) the Company will not be responsible for any type of damage caused voluntarily or involuntarily by third parties; (iv) WAPII will not be responsible in any way for theft or robbery due to poor security measures in the establishment; (v) WAPII shall not be liable for any delay or failure to perform services due to causes beyond the reasonable control of the Company.
The limitations and disclaimers in this section are not intended to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
Indemnity.
You agree to hold harmless and be liable to the Company and its directors, employees, and agents for any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising from: (i) your use of the Services ; (ii) any direct or indirect damage or harm that could be caused to the goods used to fulfill the Services provided by WAPII; (iii) your breach or violation of any of these Terms; (iv) WAPII or Company's use of your User Content; or (v) your violation of the rights of any third party, including Third Party Providers.
Applicable law and jurisdiction.
These Conditions, as well as the relationship between the Company and the User, will be governed and interpreted in accordance with Chilean law. The parties agree that, in accordance with the Consumer Protection Law, the User (consumer) who wishes to take legal action against WAPII, may do so, at his or her option, before the Local Police Court of (i) the place where the transaction was held or executed. act or contract, (ii) where the infraction was committed or its execution began, . In contracts concluded by electronic means, the competent judge will be the judge of the commune in which the consumer resides.
Other provisions
Personal data protection.
For more information consult the Privacy Policy.
Notifications.
WAPII may provide notice by means of a general notice on the Services, by email sent to your email address in your Account, or by written communication sent to your address, as provided in your Account. You may notify WAPII by written communication to the WAPII address at Apoquindo 6410 Office 1502, commune of Las Condes, Metropolitan Region, Republic of Chile, or the physical address of the WAPII subsidiary corresponding to your country of residence (as detailed in www. .wapii.com), or by sending an email to notificacion@wapii.com.
General disposition.
You may not assign or transfer these Terms, in whole or in part, without the prior written consent of the Company. You approve the Company to assign or transfer these Terms, in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of the capital, business or assets of the Company; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, the Company or any Third Party Provider as a result of the contract between the User and the Company or the use of the Services.
If any provision of these Terms is deemed unlawful, void or unenforceable, whether in whole or in part, under any law, such provision or part thereof will be deemed not to form part of these Terms, notwithstanding the legality, validity and enforceability of the remaining provisions of these Conditions will not be affected. In that case, the parties must replace said illegal, void or unenforceable provision, in whole or in part with a legal, valid and enforceable provision that has, to the extent possible, a similar effect to that of the illegal provision, void or unenforceable, given the contents and purpose of these Conditions. These Conditions constitute the entire contract and understanding between the parties relating to the subject matter and supersede and replace all prior or contemporaneous contracts or agreements relating to such subject matter. In these Conditions, the words “included” and “includes” mean “including, but not limited to”.