Terms of use
1. Acceptance of the Terms
By accessing and using the website www.oenergy.cl (the «Website»), you («User(s)») acknowledge that you have read, understood, and agree to the terms of use («Terms of Use») set out below. If you have any questions about their meaning or scope, please write to us at comunicaciones@oenergy.cl
These Terms of Use govern the entire relationship Users will have with the oEnergy group («oEnergy»), constituting a legally binding agreement between the parties.
2. Intellectual Property
All content on the Website and each of the various elements included in it—such as text, images, logos, graphics, videos, audio, software, and designs—are protected by intellectual property laws. For these purposes, anything incorporated into and expressed on the Website by any tangible or intangible medium or support, whether known or hereafter known, that is eligible for protection under applicable intellectual property law shall be deemed part of the Website. Title to these rights belongs to oEnergy Generación Solar Distribuida SpA and/or any related company in the oEnergy group to which such rights have been assigned. Any reproduction, distribution, modification, or unauthorized use of these materials is strictly prohibited without oEnergy’s prior written consent.
3. Use of the Website and User Obligations
The Website is intended solely for personal, non-commercial use. Users may access and view all information and may print and download portions of the content only for their personal, private use.
Therefore, by accessing the Website, the User agrees as follows:
a)
To use the information and content of the Website correctly, under the User’s sole responsibility, always respecting these Terms of Use as well as applicable law, morals, good customs, and public order; the User may not use the Website for unlawful purposes or in a way that harms the rights or interests of third parties or oEnergy, and may not engage in conduct that causes or may cause the Website to crash, fail, become unusable, or suffer total or partial damage or loss.
b)
The content, trademarks, patents, copyrights, trade and/or industrial secrets and, in general, intellectual property on the Website are the exclusive property of oEnergy. Accordingly, reproducing, copying, reverse engineering, commercializing, publishing, or modifying the Website’s content, trademarks or other distinctive signs, patents, or any other intellectual property rights belonging to oEnergy is prohibited unless prior written authorization has been obtained. Furthermore, the User is prohibited from representing themselves to third parties using oEnergy’s trademarks or trade names.
c)
Creating hyperlinks or links between the User’s own website or application and the Website is prohibited unless oEnergy gives express written authorization.
d)
The User shall be liable for any damage and/or loss of any kind that oEnergy may suffer as a result of breach of any obligation under these Terms of Use. Consequently, if oEnergy is required to indemnify any damage or loss as a result of misuse by anyone using the Website, the breaching User shall reimburse such amount or indemnify oEnergy, as applicable.
e)
To ensure that all data voluntarily provided on the Website are truthful, accurate, and up to date, and to keep them duly updated.
4. Links to Other Websites
This website may contain links or hyperlinks to third-party websites. These links are provided solely for your convenience, and oEnergy has no control over the content, privacy policies, or terms and conditions of those sites.
Accordingly, oEnergy will use reasonable efforts to verify that the websites to which Users are directed are safe and that their information is accurate. Notwithstanding the foregoing, oEnergy assumes no responsibility for the content of these websites or for consequences arising from their use, except in the case of oEnergy’s gross negligence, so use thereof is the sole responsibility of each User.
5. Disclaimer
oEnergy shall not be liable for any damage or adverse consequences suffered by Users as a result of visiting the Website, or for actions or decisions Users take based on the information contained herein, except where such damage is due to oEnergy’s gross negligence.
oEnergy will use reasonable efforts to ensure that the information on its Website is complete and up to date; however, oEnergy does not guarantee that all information offered will at all times be complete, accurate, and current. oEnergy also does not guarantee that the Website is free of errors or that its server or the files it contains are free of any component that could harm visitors; therefore, oEnergy shall not be liable for any direct or indirect damage arising from use or inability to use the Website and is not responsible for damage that the Website’s content may cause, except where due to oEnergy’s gross negligence.
6. Changes to the Terms of Use
oEnergy reserves the right to modify, suspend, or remove the contents of the Website at any time, including these Terms of Use. If changes to the Terms of Use materially affect the relationship between oEnergy and Users, oEnergy shall inform Users in a timely manner, and Users must accept the updated Terms of Use to continue visiting the Website.
7. Applicable Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Chile.
By visiting the Website, the User submits to the jurisdiction of the courts of the Republic of Chile for the resolution of any question, difficulty, or dispute related in whole or in part to these Terms of Use. For all legal purposes arising from this instrument, the parties elect domicile in the city and commune of Santiago.