Terms and Conditions

We invite you to review each legal field and the conditions of use of our software

Download PDF


Introduction

Notice

12 de April, 2018

This is an agreement between Rindegastos SpA (formerly Paymox SpA), a Chilean company (“Rindegastos” or “We”), owner and operator of www.rindegastos.com, the Rindegastos software and You, a user of the service.
Rindegastos provides expense management software and other financial tools and related services. These are provided through an application that you download to your mobile device (the “Application“) and through the website located at the URL https://www.rindegastos.com (the “Site” and together with any software, tools and/or services provided in connection with the Application or the Site, the “Rindegastos Service”).
Please carefully read the following terms and conditions (“Terms of Service”) and our Privacy Policy, which can be found on our website https://www. rindegastos.com/privacidad, which is understood to be incorporated by reference into the Terms of Service.
These Terms of Service regulate your access and use of the Rindegastos Service and all Site Content, constituting a binding contract between you and Rindegastos.
You declare to know and accept that by clicking on the button to accept terms of service, registering for a Rindegastos account, downloading the application or any update to it, using the application on your mobile device, accessing or using the Rindegastos service, or by downloading, inputting or posting any content from, on or through the Rindegastos service, you are indicating that you have read, understood and agree to be bound by the terms of the service.
IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THEN YOU DONT HAVE THE RIGHT TO ACCESS OR USE THE COST SERVICE OR SITE CONTENT.
If You accept these Terms of Service on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind these Terms of Service and, in such event, “You“ and “Your“ shall refer to and apply to said company or legal entity.


Introduction

Definitions

“Content” means text, graphics, or other information or material.
“Corporate User” means a Member who is a company or other legal entity.
“Content” means text, graphics, or other information or material.
“Corporate User” means a Member who is a company or other legal entity.
“Rindegastos Content” means Content that Rindegastos makes available through the Rindegastos Service, including any content licensed to Rindegastos by a third party, and excluding content provided by a User.
“User” refers to any person or entity that completes the Account Registration process in Rindegastos, as described below.
“User Content” means the Content that the User posts, uploads, publishes, delivers or transmits through the Rindegastos Service.
“Site Content” refers to Payer Content and User Content.


General Information

General

Rindegastos' failure to enforce any right or provision of these Terms of Service shall not constitute a waiver of future enforcement of such right or provision. The waiver of such right or provision shall only be effective if in writing and signed by a duly authorized representative of Rindegastos Except as expressly provided in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service of the Service or otherwise.
If for any reason any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will apply to the fullest extent and the other provisions of these Terms of Service will survive. in full force and effect.


General Information

Feedback

We invite you to provide us with feedback, comments and suggestions regarding the Rindegastos Service (“Feedback”). You can send your Feedback by sending us an email at help@rindegastos.com or through the help section of the Rindegastos Service.
You declare to know and accept that all the Feedback will be the sole and exclusive property of Rindegastos, for which reason you hereby irrevocably assign to Rindegastos your right, title or interest in said Feedback and its content.


General Information

Additional Tools and Programs

Rindegastos may use tools, scripts, software and/or utilities (collectively, the “Tools”) to monitor and administer the RindeGastos Service.
The Tools will not collect or store User content, except as necessary to provide the Payout Service or resolve service requests or other related issues. The information collected by the Tools may also be used to provide support to the different products and services of Rindegastos, to help Rindegastos resolve deficiencies in its product and service offerings, and for the administration of licenses and services.
As part of the Rindegastos Service, Rindegastos may provide online access to download certain add-on programs for use with the Rindegastos Service. If Rindegastos does not specify separate terms for such add-on programs, then, subject to your obligations of payment, the User will have the right of non-exclusive, non-assignable, limited, worldwide use and exempt from the payment of royalties on said complementary programs exclusively to allow their access, operation and/or use of the Rindegastos Service, in accordance with the Terms of Service In this case, the right to use the complementary programs will end with the notification of Rindegastos in this sense, with the termination of the RindeGastos Service or those services associated with the complementary programs, or on the date on which the license to use such add-on programs under the terms specified for such programs, whichever occurs first.


General Information

Links to third party websites

The Rindegastos Service may, now or in the future, contain links to third party websites, advertising, services or resources that are not owned or controlled by Rindegastos. You acknowledge and agree that Rindegastos has no control over and is not responsible for: (i) the availability or accuracy of such sites or resources, or (ii) the content, products, privacy policies, practices or services on or available from such sites or resources. web or resources does not imply any type of endorsement by Rindegastos of said sites or resources or the content, products, practices, privacy policies or services available on said sites or resources.You accept sole responsibility and assume all risks arising from the use of such websites or resources or the content, products or services on or available from them In addition, your activities with or participation in promotional ions of third parties, including payment and delivery of goods and any other conditions (such as guarantees) are exclusively between you and such third parties. You agree that Rindegastos will not be liable for any loss or damage of any kind in connection with your transactions with such third parties. We encourage you to be aware when you leave the Rindegastos Service, and to read the terms and conditions and privacy policy of any third party website or service you visit. You expressly release Rindegastos from all liability arising from your use of any third party website or third party services or content.
The Tools will not collect or store User content, except as necessary to provide the RindeGastos Service or resolve service requests or other related issues. The information collected by the Tools may also be used to provide support to the different products and services of Rindegastos, to help Rindegastos resolve deficiencies in its product and service offerings, and for the administration of licenses and services.


Legal Terms

Intellectual Property

(i) Rindegastos Service: RINDEGASTOS shall own and retain all right, title and interest in and to the Rindegastos Service (except any licensed content and software components included in Users agree not to reverse engineer, break down, distribute, license, sublicense, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the Rindegastos Service or use it in any way that results in a violation of the restrictions contained in these Terms of Service. Rindegastos does not grant any license, express or implied, to the intellectual property of Rindegastos or its licensors.
The User declares to know and accept that any information related to the design, “look and feel”, specifications, components, functionalities or operation and payment conditions and prices (if applicable) of the Rindegastos Service is considered confidential and of property of Rindegastos (all of the foregoing, the “Rindegastos Confidential Information”).
(ii) User Information: Subject to the section below entitled “Transfer of Certain User Information”, User shall retain all right, title and interest in and from (a) documents, data and other information transmitted by the User to Rindegastos in connection with your use of the Rindegastos Service, and (b) reports and other material generated by the Rindegastos Service derived from such transmission (all of the foregoing the “User Information”). Notwithstanding the foregoing, the User hereby grants Rindegastos the worldwide, free and non-exclusive license to use (I) the information generated as a result of the User's use of the Rindegastos Service, exclusively for the purpose to (1) maintain and improve the Rindegastos Service and (2) provide the User with access to special product offers and promotions, and (II) non-identifiable and anonymous aggregate information from the use of the Rindegastos Service collected by R Expenses solely for marketing purposes or distribution to third parties.
(iii) Transfer of certain User Information: Notwithstanding the foregoing, by reason of the presentation of an expense report to a Corporate User or any other User or third party, You assign all right, title and interest in and of any User Information transmitted to the applicable Corporate User, User or third party. For its part, the Corporate User or User by this act grants you a worldwide, perpetual, free, and non-exclusive license to maintain and use copies of said information (including the expense report) for record purposes.
(iv) Rindegastos Logo and Design: The graphics, logos, designs, page headers, button icons, sequences, and name of Rindegastos services are registered trademarks of Rindegastos in Chile and/or other countries. Rindegastos Trademarks may not be used, either as part of registered trademarks or as part of domain names, in relation to any product or service in such a way that it may cause confusion. Regarding these, it may not be copied, imitated or used, in whole or in part, without the prior written permission of Rindegastos.
(v) User Art: Each User shall retain all right, title, and interest in and to any logos, promotional graphics, and marketing designs of their own property (all of the above the “User Art”), without prejudice to the fact that the User by this act grants Rindegastos a worldwide, non-exclusive and non-royalty license to use the User Art, as well as the name and/or User's brand for the purposes of complying with the obligations that the latter acquires in this act and to advertise Rindegastos' products and services to third parties, subject to the User's right to, in each instance, approve the manner and form of said use (said Approval shall be in writing and shall not be unreasonably withheld or delayed).
(vi) Service Analysis: Rindegastos may (i) collect statistical and other information related to the performance, operation and use of the RindeGastos Service, and (ii) use such data in aggregate form for operations and security management, to create statistical analysis, and for research and development purposes (collectively, “Service Analytics”).RG may make Analytics publicly available of the Service; however, the Service Analysis will not incorporate any detail of the User Content or information that in any way can serve to identify the User, personal data of any User or any person.Rindegastos retains all intellectual property rights over the Service Analysis.


Legal Terms

Legal Notice

Rindegastos service and site content are offered “AS IS“, without warranty of any kind, either express or implied, notwithstanding the foregoing, Rindegastos expressly disclaims any warranties of merchantability, fitness for a particular purpose non-infringement, and any type of guarantee derived from the course of negotiation or commercial use.
Rindegastos does not guarantee that the Rindegastos service or the content of the site will meet your needs, nor will they be available in an uninterrupted, secure or error-free manner. Rindegastos does not guarantee the quality of any product, service or content of the site Rindegastos purchased or obtained through the Rindegastos service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Rindegastos service.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RINDEGASTOS OR THROUGH THE RINDEGASTOS SERVICE, SHALL GIVE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
You are solely responsible for all your communications and interactions with other users of the Rindegastos service and with others with whom you have communicated or interacted as a result of your use of the Rindegastos service. You understand that Rindegastos does not review the background of users of the Rindegastos service, nor does it make any attempt to verify the statements of users of the Rindegastos service or their compatibility with communications and interactions with other users of the Rindegastos service and with others with whom you may communicate or interact as a result of your use of the service renders expenses.


Legal Terms

Limitation of liability

YOU DECLARE YOU KNOW AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RISK ARISING OUT OF YOUR ACCESS AND USE OF THE SERVICE AND THE CONTENT OF THE SITE IS WITH YOU.
TERMS_CONDITIONS.LIABILITY_LIMITATION.NEITHER_SURRENDER
UNDER NO EVENT SHALL THE TOTAL LIABILITY FOR COSTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE SERVICE COSTS OR SITE CONTENT EXCEED THE AMOUNTS USER HAS PAID TO COSTS FOR USE OF THE SERVICE OR ITS CONTENT. THE LIMITATIONS ON DAMAGES SET FORTH ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RINDE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY MAY DO NOT APPLY TO YOU.


Legal Terms

Applicable Law and Jurisdiction

These Terms of Service and any action related to them will be governed by the laws of the Republic of Chile. The exclusive jurisdiction and competence of any action with respect to the subject matter of these Terms of Service will respond to the courts of the commune and city of Santiago. The User waives any objection to jurisdiction and venue in such courts.


Legal Terms

Force Majeure

Neither Party shall be responsible for failure to comply or delay in fulfilling its obligations if caused by acts of war, hostility or sabotage; acts of God; pandemics, interruption of telecommunications services, Internet or electricity not caused by the obligated party; governmental restrictions (including the denial or cancellation of any export, import or other license); or any other event beyond the due party's reasonable anticipation and control .
Both Parties shall use reasonable efforts to mitigate the effects of a force majeure event.
If such an event persists for more than 30 days, either Party may terminate the Agreement. This clause does not relieve the Parties of the obligation to take reasonable steps to follow their normal disaster recovery procedures or their obligation to pay for the RindeGastos Service.


Legal Terms

General Prohibitions

You agree not to do the following:
- Post, upload, publish, deliver or transmit any content that:
(i) infringes, misappropriates, or violates patents, copyrights, trademarks, trade secrets, moral rights, or other intellectual property or copyright rights publicity or privacy owned by third parties;
(ii) violates or incites any conduct that violates any law or regulation or may give rise to civil liability;
(iii) is fraudulent, false, misleading or misleading;
(iv) is defamatory, obscene, pornographic, vulgar, or offensive;
(v) promotes arbitrary discrimination, bigotry, racism, hate, harassment, or harm against any person or group;
(vi) is violent or threatening or promotes violence or actions that endanger any person or entity; or
(vii) promotes illegal or harmful activities or substances.
The use, display, copying or deception of the Rindegastos Service, or any element within the Rindegastos Service, the name of Rindegastos, the name of Paymox and/or Rindegastos, any trademarks, logos owned by Rindegastos or other proprietary information of Rindegastos, or the layout and design of any page or form contained on a page, without the express written consent of Rindegastos.


Legal Terms

Cesión

Usted no puede ceder o transferir estos Términos del Servicio, por ministerio de la ley o de otro modo, sin el consentimiento previo y por escrito de Rindegastos. Cualquier intento por su parte de ceder o transferir estos Términos del Servicio, sin dicho consentimiento, será nulo y sin efecto. Rindegastos podrá ceder o transferir estos Términos del Servicio, a su exclusivo criterio, sin restricción alguna.


Legal Terms

Compensation

You agree to defend, indemnify and hold Rindegastos, its officers, directors, employees and agents, free from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to your access to or use of the Rindegastos Service, or your violation of these Terms of Service, including breach of any representation or warranty herein.


Legal Terms

Entire Agreement

These Terms of Service constitute the entire and exclusive understanding and agreement between Rindegasto and You in relation to the Rindegastos Service and Site Content, and these Terms of Service supersede and replace any and all prior written or verbal agreements or agreements between Rindegastos and You in connection with the Rindegastos Service.


Legal Terms

License granted by Rindegastos

Subject to your compliance with these Terms of Service, Rindegastos grants you a limited, non-exclusive and non-transferable license to download and install one copy of the Application and/or its updates on your mobile device and use said copy of the Application for your personal use or that of your company or entity, as the case may be.
Rindegastos reserves all rights in the Application not expressly granted to You by these Terms of Service.


Legal Terms

Export Control

You may not use, export, re-export, import or transfer the Application, except as authorized by Chilean law or the law of the country in which You acquired the Application or any other applicable law.
Relevant local export laws and regulations are applicable to the Payout Service. User agrees that no data, information, software programs or materials derived from the Payout Service (or its product) direct) will be exported directly or indirectly in violation of said regulation, nor will they be used for any purpose prohibited by it.
User acknowledges that the Rindegastos Service is designed with capabilities to access the Rindegastos Service regardless of geographic location and to transfer or otherwise transfer content and applications, if any, between the Rindegastos Service and other locations such as users' workstations. The User will be exclusively responsible for the authorization and administration of User accounts, as well as for the control of the export and geographic transfer of its content and its applications, if any.


Account and Contact

How to contact Rindegastos

If you have any questions about these Terms of Service, please contact Rindegastos at info@rindegastos.com


Account and Contact

Registration in Rindegastos

To access the Rindegastos Service You must register and create an account (the “Account”) and become a User. By registering in Rindegastos You agree to:
(i) provide true, accurate, current, and complete information about You (or, if applicable, the Corporate User You represent) as requested by the Rindegastos Service Registration Form (being said information the “Registration Information”) and
(ii) maintain and properly update the Registration Information to keep it true, accurate, current, and complete.
If you provide false, inaccurate, out-of-date, or incomplete information, or we have a history of suspecting that such information is false, inaccurate, out-of-date, or incomplete, we may suspend or terminate your account and refuse any use of the Payout Service (or any part thereof).
You may not authorize third parties (except, if applicable, those employees, consultants, or agents of the Corporate User that You represent) to access or use the Service on Your behalf.
You are responsible for maintaining the confidentiality of your User ID and password, and are fully responsible for all activity that occurs under your User ID and password. You agree to notify Rindegastos of any unauthorized use authorized use of your User ID and password or any other breach of security. Rindegastos cannot and will not be responsible for any loss or damage arising from the unauthorized use of your account.
By providing us with your email address, you agree to receive all necessary notifications to said email address. You expressly authorize Rindegastos to use said email address to send you notifications about updates and improvements to our products, company news and events, as well as news from our community.


Account and Contact

Capacity

By accessing or using the Rindegastos Service, you represent and warrant to Rindegastos that:
(i) You are of legal age to enter into a binding contract, or, if you are a minor, you have authorization from your legal representative to use the Service renders expenses;
(ii) that all registration information is accurate, current, and complete;
(iii) that You will keep such information accurate, complete, and up-to-date;
(iv) if You are accepting these Terms of Service on behalf of a business or other legal entity, You have the ability to bind it to these Terms of Service. Likewise, you certify that you are legally authorized to use and access the Rindegastos Service and that you will be responsible for the selection, use and access to the Rindegastos Service.
These Terms of Service will not apply where prohibited by law, and in such jurisdictions the right to access the Rindegastos Service is prohibited.


Account and Contact

Modifications

Rindegastos reserves the right, at its sole discretion, to modify, discontinue or terminate the Rindegastos Service or modify the Terms of Service, at any time and without prior notice.
Rindegastos may make modifications or updates to the Rindegastos Service (such as infrastructure, security, support, technical configurations, features, etc.) at any time, including those intended to reflect changes in technology, industry practices, guidelines for the use of the Platform and/or Application and availability of Content.According to the foregoing, the specifications, characteristics, usability, administration, Content, etc. may be modified at any time and without the need for prior notification at the discretion of Rindegastos .
The User declares to accept all patches [patches], error corrections [bug fixes], updates, service packs and maintenance (collectively, the “Patches”) necessary for the proper functioning and security of the Service RindeGastos. Rindegastos is not responsible for performance or security problems with the Rindegastos Service that are a consequence of the lack of acceptance, by the user, of the application of the Patches necessary for the proper functioning and security of the Rindegastos Service.
Except for emergency or security-related maintenance activities, if necessary (which will be determined exclusively by Rindegastos), Rindegastos will coordinate with the Corporate User the programming of the application of the Patches, when necessary possible, based on the standard maintenance schedules available from Rindegastos.
Any modifications to the Terms of Service will be announced on the Site and/or we will send you a notification of the modifications. Additionally, we will update the “Last Updated Date” at the top of the Terms of Service or in the Site or Application.
If the new Terms of Service are not acceptable to you, you must stop using the Service Rindegastos.
Some parts of the Rindegastos Service may in the future have different terms and conditions than those posted on the Site or may require you to accept additional terms and conditions. In the event of any conflict between the Terms of Service and those posted for a specific portion of the Rindegastos Service, the latter shall control in relation to your use of or access to such specific portion of the Rindegastos Service.
Rindegastos may, at its sole discretion, make new applications, software or services that may be subject to different terms and conditions and licenses more restrictive than those stated.


Account and Contact

Payment rates

Registering and creating an account in Rindegastos may be free for those users that Rindegastos determines at its discretion. Free use may be limited to some of the features and tools of the Rindegastos Service as detailed in www.rindegastos.com
In case you decide to contract paid services or provide us with payment information after it is requested, you accept the prices, payment method and billing as indicated (a) here, (b) on the Site, (c ) if applicable, on a separately issued purchase order or separately signed contract, and (d) in the Billing section of your Account Any payment made for the Rindegasto Service is not refundable or transferable except as otherwise provided in these Terms of Service. All fees and applicable taxes must be paid in Chilean Pesos or another as indicated.
If the Rindegastos Service product that has been contracted requires a recurring subscription fee, it will be automatically renewed, unless we terminate it or you notify us by email ( help@rindegastos.com) of your decision to terminate your current product of the Rindegastos Service.
You must cancel any product of the Rindegastos Service before it is renewed to avoid being issued the corresponding Ticket/Invoice for the renewed product. Any fee or charge will not be refundable and there will be no refunds for partial periods of use.
It is expressly stated, what you declare to know and accept, that the Price for the Rindegastos Service is free of taxes and any other surcharge. In this way, if any authority or entity or institution of the country to which belongs to taxes, duties, fines, commissions, surcharges and any other levies, including direct and indirect taxes, income tax, withholding tax, value added tax, insurance premium tax, customs duties, registration fees and stamp, capital tax, transfer tax, social security contributions, tax withholding from employees, surcharges for the money transfer service, whether bank or by other means, and including any interest for late payment , increases and fines (“Taxes”), on any amount paid to Rindegastos, then the amount payable will be accumulated the amount that guarantees that after payment of said Tax, there remains a sum equal to the amount that would otherwise be payable to Rindegastos.


Account and Contact

Account Termination and Cancellation

If you breach these Terms of Service, Rindegastos shall have the right to suspend, deactivate or terminate your account or terminate the Rindegastos Service, at its sole discretion and without prior notice. Rindegastos reserves the right to revoke your access and use of the Rindegastos Service at any time, with or without cause. In the event Rindegastos terminates the Rindegastos Service for your breach, You will remain responsible for any and all amounts owed under this agreement.
You can cancel your account at any time from your account at http://www.rindegastos.com/ or by sending an email to help@rindegastos.com .
Once the Rindegastos Service has ended, the User will no longer have rights to access or use the Rindegastos Service. Notwithstanding the foregoing, and if the User so requests, and for a period of up to sixty days after the termination of the Rindegastos Service, the User Content will be kept available for recovery. At the end of said period, and except as required by applicable law, Rindegastos will delete or otherwise make said content inaccessible.


Account and Contact

Privacy

See Rindegastos' privacy policies at http://www.rindegastos.com/privacy for information and notices concerning the collection and use of your personal information.