The use of this website, and of the services and applications linked to it (hereinafter the SERVICES), imply the understanding and acceptance of the following terms and conditions of the contract between you (hereinafter the USER) and BURN TO GIVE SPA, TIN 76.837.328-0, located at Calle Miguel Claro 195, apartment 806, Providencia, Santiago, Chile.
The use of this page is for people with sufficient capacity to enter legally binding contracts, either directly, or with the authorization of a third party, with prior authorization.
CHANGES: BURN TO GIVE reserves the right to modify these conditions from time to time as it deems appropriate. The USER will be responsible for periodically reviewing these terms and conditions to verify the incorporation of changes. The continued use of the services will mean the acceptance on behalf of the USER regarding any adjustment to these terms and conditions.
SYSTEM OPERATION. Through the technological platform provided for this purpose, Burn to Give offers its users the opportunity to calculate their calories burned through any kind of physical activity, to count their daily steps and to count the glasses of water they drink daily among other healthy activities, based on information provided by the user. For each activity uploaded to the Burn to Give platforms, the user will see an advertisement of a brand that sponsors said activity. These advertising spaces are sold to these brands in order to help people in need. The service and final help that Burn to Give delivers is through foundations and final recipients of aid. This platform is the way in which the user participates and promotes the helpBurn to Give will provide.
The help that Burn to Give gives to foundations and other charitable organizations comes directly from its advertising revenue, so the help it delivers every month depends directly on third parties: the advertisers. However, Burn to Give undertakes to, in the event that the monthly income is not sufficient, deliver the aid of at least 20,000 monthly donations, be it through food or trees, to foundations with which it is working and collaborating with. Burn to Give reserves the right to choose the foundation (or foundations) to which it will allocate its resources.
To access the platform it may be necessary to create an account, or provide certain user information for registration, such as name and email address. Providing this information is mandatory and is oriented to precise and reliable user identification. Other information is optional for use in the user’s profile.
Users who use Burn to Give products must register under their own names, without prejudice to the use of the service through a public pseudonym to protect the user’s identity. Registration through the use of false or fictitious names, including pseudonyms or aliases, is strictly prohibited.
The user undertakes to provide accurate and truthful information when completing the registration, and will be responsible for safeguarding the information related to access codes, user names, and any other information Burn to Give provides.
Burn to Give can use a set of techniques to verify the accuracy of the information provided by its users when they register on the page. However, Burn to Give cannot verify with certainty each user’s identity, so it cannot guarantee that the supposed identity of a user is their true identity.
The user is solely responsible for the interaction they have with other users of the service, whether online or offline. The user acknowledges that Burn to Give will not be responsible for the conduct of any of its users. Burn to Give reserves the right, but is not required, to monitor or engage in disputes between the user and third-party users. The user is recommended to use common sense and good judgment when interacting with others, including when publishing through the service regarding any information, person or content.
The opinions expressed on the page or on the social networks of Burn to Give are the sole responsibility of those who issue it and should not be considered as approved or endorsed byBurn to Give. Under this context, Burn to Give defends and will make its best efforts to protect the free expression rights of its users, provided they do not violate the law.
Burn to Give will make its best efforts to keep the service available uninterruptedly, notwithstanding, there will be times when the service could be interrupted, such as in the case of maintenance or improvements, to perform emergency repairs, or due to failures in the equipment or telecommunications services.
Burn to Give reserves the right to remove any content from the service, for any reason, without prior notification. Removed content may continue to be stored by Burn to Give, especially in the case of jurisdictional requirements, but may not be accessed without a prior court order. Consequently, the user is recommended to store all the content published on the site on their own account, understanding that Burn to Give is not an online storage service.
Burn to Give will not be responsible for any modification, suspension or discontinuation of the service or for any data or content loss. Likewise, the user acknowledges and accepts that Burn to Give is not responsible for the content published on the service, nor has any obligation to monitor, preselect, edit or remove any content. If the user’s content violates any of the terms and conditions established for the services, they could be subject to legal responsibilities.
Without prejudice to the provisions of the service’s privacy policies, any content will be considered non-confidential and non-proprietary and Burn to Give will not be responsible for any content disclosure. The user acknowledges and accepts that the existing relationship withBurn to Give is non-confidential and that none of their provided content will be considered confidential.
SECURITY AND PRIVACY. Access to the page implies an understanding on the user’s behalf that the information provided to Burn to Give may be used for different purposes, such as for emails intended to promote the use of the page and hiring its services. Other data, such as credit card information and other bank information, are strictly confidential, for which Burn to Give will take appropriate security measures and protections to maintain the confidential status of such information.
RULES OF CONDUCT. The user of the services agrees to observe the following rules of conduct:
The user will not publish photographs or material that includes violence, total or partial nudity, or racist, hateful, pornographic or sexually suggestive content.
The user will be responsible for any activity that occurs through their account, and agrees to not sell, transfer, license or assign the account, followers, or any other right. With the exception of those persons expressly authorized to create accounts on behalf of their employers or clients, Burn to Give prohibits the creation of any account that does not identify the user.
The user will provide Burn to Give with true, accurate and up-to-date information and will commit to keep it this way.
The user undertakes not to request, collect, or use the registration data of other Burn to Giveusers.
The user undertakes to maintain the necessary security measures, aimed at preventing the disclosure of their password.
The user will not defame, harass, abuse, threaten, personify or attempt to intimidate people or entities, and will not publish private or confidential information through the service, this information being their own or of third parties, including credit card information, identification numbers, telephone numbers, or emails.
The user undertakes not to use the service for any purpose contrary to the applicable legislation, especially including intellectual and industrial property laws.
The user undertakes not to use images, trademarks, or any material or distinctive sign, for the purpose of impersonating another person, or company, or in general, to create confusion regarding the origin or identity of the account. Any violation of this rule will imply the immediate cancellation of the account and the notification to the competent authorities.
The user may not carry out commercial activities through the services, including contests, promotions, selling products or offering services, without the express and prior written acceptance of Burn to Give.
The user will be solely responsible for any conduct and any information, text, file, information, username, images, photographs, profiles, audio material including musical works, copyrighted works, applications, links, or any other content or material that is uploaded, published or made known through the Service.
The user will not change, modify or adapt the Service, or modify another web page, in order to imply that it is linked to the service.
The user will not create or disseminate unwanted emails, comments, or any commercial information that is not required.
The user may not create usernames that include domain names or URLs without the prior consent of Burn to Give.
The user will not create accounts through unauthorized means, such as automated devices.
The user will not attempt to restrict other users from using the service.
TERMINATION. Failure to comply with any of the terms and conditions established through these means, as well as any other prescribed conduct established on the page, will entitle Burn to Give to terminate the service and restrict the user’s access to them, without the need of any notification at the mere will of Burn to Give.
Inactivity of the user’s account for a period greater than 6 months will entitle Burn to Give to delete the user’s account and release the username so that a third party can use it.
The user may at any time deactivate his Burn to Give account, through the means provided by the service for such purposes. If the user decides to terminate access to the service, all the information stored in his account, including photographs, comments, contacts, and any other information, will no longer be accessible through the user’s account, notwithstanding that it may continue to be available in the case that third parties have made use of said material through the ways allowed by the service.
Once the service is finished, all licenses granted will cease automatically.
CONTENT. The service uses a varied set of information, text, photographs, designs, images, audiovisual material, trademarks, among others, some of which are owned by Burn to Give, and are protected by intellectual and industrial property rights, both in Chile, as in other countries, and are the exclusive property of Burn to Give, or have been duly licensed to Burn to Give for use on this site.
The user’s use of the contents protected by intellectual property rights is allowed only when they must be used to competently fulfill the services provided by Burn to Give. Any reproduction, distribution, dissemination, transformation, provision, or public communication of these materials that exceeds the scope of services provided by Burn to Give is strictly prohibited and will be prosecuted civilly and criminally without exceptions.
Some of the service features could be provided by Burn to Give thanks to revenue obtained by advertising, in view of which the user agrees that Burn to Give may publish advertising notices and promotions on the service, linked to the content provided by the user.
The user declares and guarantees that he is the owner of the rights needed to publish content through the service, or that he has the necessary powers to grant the license mentioned in the previous paragraph to Burn to Give, and that the publication of the content, or the license granted to Burn to Give does not violate the prerogatives of third parties, and that they have not performed or will not perform any act that could prevent or hinder the full exercise of the rights authorized through this instrument, and that they will respond exclusively to any action or claim by third parties that occurs on the occasion, or as a consequence, of this authorization.
LINKS AND CONTENT PROVIDED BY THIRD PARTIES. The content of the websites connected through links from the Service are the sole responsibility of their owners. Burn to Give does not monitor or review the content of the websites that are linked from the service. The opinions expressed or the material that appears on these sites are not necessarily shared or promoted by Burn to Give and are the sole responsibility of those who issue them.
In addition, the service may also include third-party content, which Burn to Give does not control, maintain or approve.
The service may also allow interactions between it and third-party pages or services, including applications that connect the service or the user’s profile to the website or service of a third party. Using this functionality typically requires the user to enter their Burn to Give account information on the third party’s service or page, which the user does at his own risk. Burn to Give does not control any of these services or pages, nor any part of its content, so the user acknowledges that Burn to Give will not be responsible for any of the services provided by third parties that they are in any way linked to Burn to Give.
Burn to Give is also not responsible for the privacy practices or content of such sites.
If the user visits the linked pages from Burn to Give, we ask him to read the terms and conditions of those sites. It is the sole responsibility of the user to evaluate the safety and reliability of any other site connected to this site before revealing any personal information to them. Burn to Give will not accept any responsibility for any loss or damage caused as a result of the disclosure to third parties of personal information by these Internet pages.
It is strictly prohibited for the user to create links that direct to this page, except for those cases expressly allowed by Burn to Give.
WARRANTY EXCLUSION REGARDING THIRD PARTIES: Burn to Give does not investigate, represent or endorse the accuracy, legality, legitimacy, and validity of the products, services, listed on the page.
References made to names, brands, products or services of third parties, including hypertext links to third-party sites or information do not constitute or imply endorsement, sponsorship or recommendation by Burn to Give regarding the quality of the products or services exposed on the page that have been acquired or obtained by the user as a result of an advertisement or of any other information or promotion in relation to this page.
INTELLECTUAL PROPERTY POLICY. Burn to Give has a strong commitment to intellectual property rights protection. Respecting the legal system in force in this area is a fundamental part of its intellectual property policy. In accordance with this policy, Burn to Give expects its users to respect, observe and promote intellectual property rights.
In particular, Burn to Give emphasizes that the user obtain prior authorizations for the use of third-party materials or that they take the necessary steps to ensure that such authorization is not necessary. Violation of third party intellectual property rights will give Burn to Give the right to terminate the service, without prior notification.
For the purposes of the notifications referred to in Letter c) of Article 85 Ñ of Law No. 17,336, the authorized representative of Burn to Give to receive judicial notifications is:
Name: Eduardo della Maggiora
Address: Magdalena 140, 4th Floor, Las Condes, Santiago, Chile
LIABILITY LIMITATION AND EXCLUSION. The information contained on this page is provided as presented on it. Without prejudice to the provisions of the applicable rules and statutes, Burn to Give may not be held responsible for any liability and excludes any type of warranty associated with this page and its contents, either regarding to the operation of the page or the information contained therein provided by Burn to Give, its affiliates or any other third party, including any inaccuracies or omissions in the information provided by this service, or with the documents available therein.
Burn to Give is released from responsibility regarding any liability for damages that arise because of, or in connection with, the use of this service, including but not limited to damages for loss of profits, use, data or other intangible damages resulting from: (i) the use or inability to use the service; (ii) the cost of replacing merchandise and / or services resulting from any merchandise, data, information or services purchased or obtained or messages received or transactions made on or through the service; (iii) unauthorized access or alteration of its transmission of information; (iv) affirmations or behaviors of a third party in the service; or (v) any other issue related to the service provided by Burn to Give.
The exclusions and limitations indicated apply only to the extent permitted by law. The provisions of this instrument will affect any of the user’s legal rights as a consumer.
TERRITORIAL RESTRICTIONS. The service is not intended for anyone in any territory or jurisdiction, especially in those where the service could be considered contrary to current legislation. Burn to Give reserves the right to limit the availability of the service, or any part thereof, to any person, geographic area, or jurisdiction, at any time and at its own discretion.
JURISDICTION AND COMPETENCE. The laws applicable to these terms and conditions are those of the State of Chile. The courts that are competent to oversee any controversy associated with the service will be that of the courts of Santiago de Chile.
NOTIFICATIONS. Burn to Give offers its users different email addresses for their different inquiries. These, and other sources of contact information, can be found in the corresponding tab on the page.