Terms and Conditions

Please read the following Terms and Conditions before using this website and its content.

1. Introduction

This website, located at the address“www.zippy.cl”, presents Zippy SpA. – hereinafter “Zippy” or “The Company” -, with address at Calle Plaza José Francisco Vergara N° 172, Edificio El Escorial, Office N° 11, Viña del Mar, advertises the Services provided (the “Service” or the “Solution”) and publishes these Terms and Conditions (hereinafter “T&C”) to regulate the relationship between the user who wishes to use the Service and The Company.

The Company declares that the use of the Service implies full acceptance by the user of the T&Cs expressed below:

The access to the Service, directly or indirectly, specifically its use, implies that the User accepts the present T&C in all its parts.
Anyone who does not accept these T&Cs must refrain from using the Service either directly or indirectly.
Whenever in these T&Cs reference is made to the User, the User shall be understood as any natural or legal person using the Service, and shall be subject to the T&Cs that govern it for the execution of payments (collections) and that are described herein.
Users are those who request the payment service, that is, to pay or receive payment (collection) for the purchase or sale, respectively, of any product orService through a site that uses our solution, hereinafter the “User”.

These T&Cs describe the rights and responsibilities of the User and The Company for using theService with the use of:

Mobile devices (smartphones, Tablet and others) and/or traditional devices (Personal Computer, Notebook and others).
The use of funds that the User maintains in his/her bank credit and debit cards processable by ^Transbank® and/or other Processors.

Web technology, websites and any related products or services that may be paid for with the Solution.
The User hereby declares to have read, understood and accepted all the conditions set forth in these T&C, and other policies and principles incorporated in the document prior to the use of the Service.

Any person who does not accept these Terms and Conditions, which are mandatory and binding, must refrain from using the service.

The address of the company is: Calle Plaza José Francisco Vergara N° 172, Edificio El Escorial, Office N° 11, Viña del Mar.

2. Registration

Transaction registration and execution. When using the payment solution, it is necessary to provide and complete in a mandatory manner the required data, granting the Service the possibility to register and execute a transaction in a consensual manner. This registration implies acceptance of these T&C, providing the Service with valid data and accurate, precise and true personal information (“Personal Data”). The Company is not responsible for the accuracy of the Personal Data provided by its Users. The Usersguarantee and are responsible, in any case, for the truthfulness, accuracy, completeness, validity and authenticity of the Personal Data entered. All the information and Personal Data entered by the User are considered as a sworn statement.
The User agrees to maintain the confidentiality of all his or her Passwords. By virtue of it, the User will be the only and exclusive responsible for all the operations carried out in his name.
The User agrees to notify the Company immediately and by suitable and reliable means, of any unauthorized payment with its funds, as well as the use or attempted use by unauthorized third parties on its behalf of the Service.
Zippy reserves the right to request proof and/or additional information in order to corroborate the information provided by a User regarding personal data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed.
Zippy reserves the right to refuse a registration request or to cancel or suspend, temporarily or permanently, a transaction without giving any reason, and in particular, in the event of inconsistencies or inconsistencies in the information provided by a User or in the event of suspicious activity.

3. The Process

3.1. Operation

When using the Service, the User may issue a payment request addressed to Zippy, in order to make the required payment, indicating all the data required by the payment order form, as well as the exact amount requested to be paid.
Upon successful processing of a payment request, a notification of this will be sent to the User“s email, with all the information of the transaction, being evidence of this fact in Zippy”s records.
In order for Zippy to carry out the required transactions, depending on their nature, the User will be required to provide all the information required by the payment request form, mainly the User “s information (at least the User” s identity card and e-mail address), as well as the exact amount of the transaction.
In the case of processing a transaction by ^WebPay®, the User will be automatically redirected to the interface with the ^Webpay® requirements to proceed with the payment, the transaction will be executed with the data requested by ^Transbank®and will be validated in a standard way for the use of cards, which will be informed via e-mail to the paying User, where the details of the transaction will be indicated.
The Service will allow the User to pay using credit or debit cards from any personal computer or mobile device connected to the Internet, allowing transactions to be made with such cards at any time and place.
The entire operation, from its inception, will be recorded in a transaction log.
In the event that Zippy detects abnormal activity, or a transaction that is suspicious, or the transaction does not conform to these T&Cs, the User:
1. Authorizes Zippy to investigate your transactions in detail.
2. You agree to promptly provide Zippy with any documentation or information requested by Zippy relating to the transactions carried out or background information relating to the use of the Service.
3. Authorizes Zippy to retain the amounts involved for the duration of the investigation.

3.2. Access

The User will access the Service by entering his/her e-mail address and Identification Number (as applicable) on the merchant’s site where the Solution is integrated.
The User agrees to maintain the confidentiality of all accesses. By virtue of this, the User shall be solely and exclusively responsible for all operations carried out in his name on the Service.

3.3. Payment and relevant third parties

Payment is made using the Solution and the Services of its partners and suppliers, choosing one of these Services depending on their availability and the User ‘s decision at the time of requesting the transaction. Once the payment is verified and the transaction is completed, Zippy cannot cancel the transaction.

3.4. Absence of warranty

Zippy is not responsible for any damage, injury or loss to the User caused by system, server or Internet failures.
Zippy shall also not be liable for any viruses that may infect the User ‘s computer equipment as a result of accessing, using or browsing its website or as a result of any transfer of data, files, images, text or audio contained therein.
UsersNO be held liable for any damages resulting from technical difficulties or failures in the systems or in the Internet.
Zippy NO guarantee continuous or uninterrupted access to and use of its Service. The system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other circumstance beyond Zippy’s control; in such cases, Zippy will endeavor to restore it as quickly as possible without any liability on its part.
Zippy NOT be liable for any errors or omissions contained in its website. Notwithstanding the foregoing, in the event of any difficulty or failure during the course of a transaction, the transaction will be cancelled, and must be restarted by each of the Users respectively, for their own safety, or resumed according to the history of the transaction.

4. The process

4.1. Irrevocable mandate

The User grants Zippy an irrevocable commercial mandate under the terms set forth in Article 233 et seq. of the Commercial Code, so that Zippy may proceed to cancel or collect the monies reported by the User, as the case may be, through the Payment or Collection Request issued by the User, at the time of using the Collection Service.
Zippy is entitled to deposit the proceeds of the collection into the bank account indicated by the User.

4.2. Scope of liability

Zippy NOT be responsible or guarantee the fulfillment of the obligations assumed and agreed upon by the Users and third parties involved in the transaction in relation to the payment and collection of monies made through the Service.
The User acknowledges and agrees that when making transactions with other third parties, he/she does so of his/her own free will, outside the collection service provided by Zippy, giving his/her consent freely and at his/her own risk and responsibility.
Zippy shall in no event be liable for lost profits, defaults or any other damages and/or losses that the User may have suffered as a result of the transactions made.

By virtue of the fact that Zippy is alien to the obligation that gave rise to the Request for Payment or collection to be issued:

Zippy NOT SHALL NOT be responsible or verify the causes, amount or any other circumstance relating to such Request, as well as the existence, quality, quantity, performance, condition, integrity or legitimacy of the goods or Services offered, purchased or sold by the User.
The Solution only facilitates the collection of payments generated in a transaction prior to the Service provided by it.

In the event that one or more Users have any claim against a site that has integrated the Solution, any and all parties involved in such claims or actions release Zippy, its directors, officers, employees, agents, operators, representatives and attorneys-in-fact from any and all liability.

5. False information and emails

All information must always be verified by the User on the sites where the Service is integrated, by accessing with his/her e-mail address and personal security password.
Zippy NOT be liable for the User ‘s conduct originating from or linked to information contained in false e-mails or e-mails purporting to be from Zippy that are sent by third parties unrelated to Zippy or its related companies; nor will they be liable for the harmful consequences of such conduct, nor for the circulation of such false e-mails.

6. General Terms and Conditions

All information must always be verified by the User on the sites where the Service is integrated, by accessing with his/her e-mail address and personal security password.
Zippy NOT be liable for the User ‘s conduct originating from or linked to information contained in false e-mails or e-mails purporting to be from Zippy sent by third parties unrelated to Zippy, or its related companies; nor will they be liable for the harmful consequences of such conduct, nor for the circulation of such false e-mails.

6.1. Capacity

Only persons who accept Zippy’s T&Cs will be able to issue payment orders.
Persons who have been suspended or banned from the Service, temporarily or permanently, may not use the Services.
The Solution may only be used by those who declare that they have the legal majority and have the legal capacity to make use of it.

6.2. User's statements

A. PROHIBITED USES

The User represents that the subject matter for which the payment request is entered into does not violate any applicable law, nor is it for a Service, sale or transmission that is prohibited by law or by these T&Cs, such as and without limitation:

Trafficking in drugs, arms, people, animals, etc..;
Money laundering and/or terrorism;
Pornography, prostitution or pedophilia; and/or
Any type of activity that may be considered fraudulent or illegal or suspected of being fraudulent or illegal.

The User NOT use the Service to transmit material which constitutes a criminal offense or which may give rise, directly or indirectly, to civil liability or which violates these T&Cs.
If Zippy considers that there is a suspicion or indication of the use of the Service for any activity prohibited by law or these T&Cs, it may refuse, cancel or suspend an issued Request, and/or temporarily block access to a User and/or the use or availability of functionalities. In such a case, the User shall be liable for any damages that may have been caused to Zippy, its parent, subsidiaries, affiliates or subsidiaries, officers, employees, directors, agents, and/or employees, for which purpose Zippy reserves the right to initiate any judicial or extrajudicial action it deems appropriate.
The User shall be exclusively and unlimitedly liable for any damages that his conduct may cause to Zippy or to other Users of the Service.

B. USER DECLARATION WHEN EXECUTING PAYMENTS

The User, in the act of requesting an operation:

Establish your conformity with the purchased product and/or service.
Establishes its conformity with the amount indicated and informed at the time of the transaction.

C. ZIPPY IS NOT A FINANCIAL INSTITUTION

It is expressly clarified that Zippy is NOT a financial institution, nor does it provide the User with any banking or exchange services, it only provides a collection and payment service on behalf of Users and merchants, according to the conditions set forth in the T&C of the Service presented in this document.

D. SECURITY AND CONFIDENTIALITY OF PERSONAL DATA

The User declares to know and accept the confidentiality policy and undertakes to keep absolute confidentiality of the data provided herein:

All personal information provided by the User, including banking information, is the sole responsibility of the User.
The information entered by the User will be used by Zippy to register him/her in the programs and Services, process and track the movements made by the use of the Solution, answer e-mails and provide information regarding his/her movements and regarding the goods and Services.
Zippy reserves the right to use this information to communicate with the User, to provide information regarding its operations on the Service, as well as to send information about product or Service promotions.
The User may always request the cessation of sending promotional e-mails. Zippy WILL NOT SELL, RENT OR TRADE sell, rent or trade Users‘ personal information with other companies.
The data provided by the user will be used to provide the Service. However, Zippy may share such information with suppliers or partners to meet Users‘ needs.

Zippy states that:

All personal information transmitted is done through a secure website that protects sensitive information.
Personal information is stored on servers that maintain high security standards.
It always stores and will store Users ‘ sensitive data in encrypted form.
The Service, in terms of transaction security, uses the infrastructure provided by ^Transbank®, therefore, it does not store the security code of bank cards or other data.
Zippy NOT is not responsible for any loss or damage that may occur to files sent to the User, whether due to technical problems, your own actions or those of your dependents, for which reason it is the responsibility of the User to back up the information sent to him/her.

Zippy undertakes that it will use its best efforts to maintain the confidentiality and security of the data provided by the User, but will NOT NOT be liable for damages that may result from the violation of such measures by third parties using public networks or the Internet to access such information.

E. MODIFICATIONS TO THE T&C OF THE SERVICE

Zippy may modify at any time the T&Cs of the
Zippy will notify the User of changes by posting an updated version of these T&Cs on the Site with the date of the last modification.
The amended Service T&Cs shall apply to any action entered into after their publication.

F. TERMINATION OF RELATIONSHIP

Zippy and the User of the Service may, at any time during the term of the relationship, terminate the relationship without cause.
For the purposes of exercising this power, it is necessary and essential that the party that intends to terminate the relationship, does not owe the other party or third parties involved in the transactions the fulfillment of any obligation. In addition, Zippy may, in the event of non-compliance by the User with the T&Cs or the applicable legislation, terminate the provision of the Service without any prior notice, reserving the right to claim any damages that such non-compliance may have caused.

G. INTERRUPTION OF SERVICE

It is noted that the Service may be temporarily interrupted due to natural phenomena, actions of third parties, acts of God or force majeure such as earthquakes, power outages or telephone service and/or data transmission lines, network interventions by third parties, non-functioning of public and/or private networks, acts of vandalism or terrorism, strikes or other similar causes not attributable to Zippy.

H. DOCUMENTATION

The User may make copies of this document.
The User irrevocably authorizes Zippy and/or Zippy “ s designee to record the User” s transactions, and to use such records as evidence before administrative and/or judicial authorities. The records issued by Zippy shall be considered sufficient proof of compliance with instructions: collection requests, collection notices, e-mails, computer records and reports replace the need for any receipt and are fully enforceable against the User. For such purposes, the User and Zippy agree to grant evidentiary value to the records issued as a result of the approvals or instructions given by the User, to the extent provided for in the legislation in force.

I. NOTIFICATIONS

All notifications sent to Users by Zippy to the main e-mail address registered by them shall be valid.

J. ADDRESSES

Zippy ‘s address is set as Prat Street #814, office #309, Valparaiso, Chile. The address established by the Users for the purposes of the Collection Services is the address registered by the Users in the associated stores.

K. JURISDICTION AND APPLICABLE LAW

Any difficulty or controversy that may arise, related to the application, interpretation, duration, validity or execution of the T&C or any other reason, shall be submitted to arbitration, in accordance with the Arbitration Procedural Rules of the Arbitration and Mediation Center of Santiago, in force at the time of request.

The parties grant a special irrevocable power of attorney to the Santiago Chamber of Commerce A.G., so that, at the written request of any of them, it may appoint an arbitrator for the procedure and an arbitrator at law for the decision, from among the members of the arbitration body of the Santiago Arbitration and Mediation Center, before which the User and Zippy extend their competence.

7. General Terms and Conditions

Zippy is operated by ZippySpA, Rol Único Tributario N° 77.011.505-1, legally represented by Alonso Marchant Tapia, both domiciled for these purposes at Prat #814, office #309, Valparaíso, Chile.
Zippy has the following service channels:
- E-mail: [email protected]
- Online Customer Service Chat: https://n9.cl/chatzippy_pagos