Carefully read these terms and conditions of service (the "Terms"), as they regulate the rights and obligations of those who are registered (the "Clients") when contracting the service of GAROO SpA (hereinafter "GAROO").



By registering on our website, you agree to comply by and be bound by these Terms.

These Terms of Service constitute a legally binding agreement between the Client and GAROO, regulating access to and use of our website, including any domain linked to the main one and any other website through which GAROO makes available its services, our applications for mobile phones, tablets, and other devices and application program interfaces (hereinafter, all referred to as the Portal), and other services associated with them. Hereinafter, the Portal and the Services -defined below- will be jointly referred to as the NIVELAT Platform.

 

GENERAL DESCRIPTION OF THE SERVICES PROVIDED BY GAROO

GAROO makes the NIVELAT software (or simply the “software”) available to the Client and grants its authorization during the contracted period, to allow its staff and personal service providers (the “Users”) to access and use (a) the NIVELAT learning management platform, (b) the administration and content creation portal, (c) the loading of audiovisual documents and files, and (e) support in accordance with our terms of Client support, available at MAINTENANCE AND SUPPORT SERVICE LEVEL AGREEMENT “SLA”. The provision of the NIVELAT Platform will constitute the Service for all purposes regulated in these terms.

 

GAROO supports its paying Clients with the initial configuration of the Services by providing up to 20 total hours of remote technical assistance during the first 90 calendar days following the date of contracting the Service. GAROO does not guarantee that the amount of technical assistance provided to you in accordance with this clause will be sufficient to satisfy your needs or achieve a particular result.

 

The Client acknowledges and agrees that GAROO provides the Services to the Client and its Users as end-users. Neither the Client nor its Users will provide the Services to third parties, nor the benefit - either direct or indirect - of the Services, either by reselling or otherwise. The Client acknowledges and agrees that the use of the Service, even by the Users, is subject to the privacy policy of Garoo SpA.

 

GAROO will have sole control and, at any time, may make updates, improvements and other changes to the configuration, appearance, content, and functionality of the Services.

 

PEOPLE WHO MAY USE THE PLATFORM

To use the NIVELAT Platform, the Client must be at least 18 years of age or be a legal entity, organization or other legally constituted entity, in force, and in current compliance with the laws applicable to their place of origin.

 

In this context, the Client declares to be at least 18 years of age when creating the registration process and using the Platform. In turn, the Client declares that if he or she registers and contracts a plan to use the Services, he or she is at least 18 years of age, and if this process is carried out on behalf of a company, it is legally constituted, has sufficient powers to represent it, is in force and complies with all the regulations that apply to it.

 

MODIFICATION OF THESE TERMS

GAROO reserves the right to modify these Terms at any time, in accordance with the provisions of this clause. If you make any changes, they will be posted in this section along with a legend that says so, also indicating the date of their last update. In addition, we will send a notification that you can access the contents of the new Terms to the email indicated in the registration, 30 days prior to the effective date.

 

If you do not agree with the new Terms, you can terminate this agreement. If you do not terminate this agreement before the date the new agreement takes effect, the use of the NIVELAT Platform will constitute your acceptance for all legal purposes.

 

ABOUT PAYMENTS, REFUNDS, UPGRADES OR TERMINATIONS

NIVELAT requires a valid credit card for payment of services. Free accounts will not require a credit card to be provided. The Service is billed in advance, monthly or annually. There will be no refunds or credits for partial months of service or upgrade or downgrade refunds. Regarding annual subscriptions, cancellation is permitted only within the first 3 months of subscription, with the respective refund being the amount paid corresponding to the remaining unused months of the annual subscription, discounted by a 10% cancellation fee to compensate our providers for payments, fees, and general administrative expenses. No exceptions will be made.

 

All fees are exclusive of all taxes, levies or tariffs imposed by the local tax authorities, and the User will be responsible for the payment of all of them. For any upgrade or downgrade at the plan level, your provided credit card will automatically collect the new fee on your next billing cycle.

 

CANCELLATION OF SERVICE

The Client may decide to unsubscribe and cancel the Service at any time. In order to communicate your decision, you must send an email to the account hola@nivelat.com. If a contracted period is in force, its cancellation will not take effect until the end of said contracted period and, thereafter, no new charges will be made.

 

The termination of the Service may cause the loss of Content, features or suitability of your account. GAROO shall have no responsibility for such loss.

 

GAROO has the right to suspend or cancel an account and to reject any current or future use of the Service at any time and without prior notice for (a) fraudulent, criminal, grossly negligent use, or for demonstrating when using it, willful misconduct; for violation of any law or regulation, in relation to the fulfillment of your obligations under these terms; (b) proven use that adversely affects the performance of the Service and/or (c) breach of the terms and conditions of the Service. Said termination of Service will cause the deactivation or elimination of your account or your access to your account, and the loss and relinquishment of all the content in your account or any other similar action that is deemed appropriate.

 

DATA PROCESSING

  1. STATEMENT

NIVELAT is concerned with the protection of the User’s personal data. The right of each User to make informed decisions regarding the use of their data is very important to us. This data processing policy explains the NIVELAT guidelines on the collection, use, storage, communication and protection of personal data.

 

By registering on the Site, NIVELAT is authorized to store all the personal data provided by the User, for the sole purpose of properly providing the Services and/or using them for statistical purposes for itself or its related companies.

 

NIVELAT is not responsible for the information received from the Site, supplied and registered by the User, being true and exact. For this reason, NIVELAT does not offer any guarantee in this regard.

 

  1. COLLECTION AND RECORDING OF DATA

NIVELAT may also automatically store data of the User when he or she is registered on the Site, through the IP address, the operating system and/or the browser used.

 

Likewise, the User is informed that, by registering on the Site, he or she grants NIVELAT an indefinite, free authorization, both in Chile and worldwide, to use said data and thus keep the User informed of new promotions, offers, advertising or any other communication that NIVELAT considers relevant.

 

iii.             PROCESSING OF PERSONAL DATA

NIVELAT does not sell, rent, communicate or transmit personal data of the User to any person, except in exceptional situations, such as when it is required in compliance with orders issued by the judicial or administrative authority.

 

The User will have the right to information, rectification, and cancellation of personal data at all times.

 

COPYRIGHT AND CONTENT OWNERSHIP

GAROO recognizes the Client’s intellectual property rights over the material it uploads or develops on GAROO’s platform. The profile and uploaded materials are the Client’s property and the termination of the Service will not alter this right.

 

GAROO does not review the content created or uploaded by its Clients on the Platform, however, it has the right, but not the obligation, to reject or eliminate any content considered inappropriate that is on its servers. Content is deemed inappropriate when:

  1. a) It infringes the intellectual property or other rights of GAROO and/or NIVELAT and/or a third party, including copyright, trademark, patent, trade secret, moral rights, or any other intellectual property right or property or contractual right;
  2. b) The Client and/or the Users have no right to or authorization for use;
  3. c) It is deceptive, fraudulent, illegal, obscene, defamatory, threatening, harmful to minors, pornographic (including child pornography), indecent, harassing, hateful, encourages illegal or tortuous behavior, contrary to morality, good customs, and public order.
  4. d) It attacks or offends others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition
  5. e) It contains viruses, bots, worms, scripting exploits, or other similar materials
  6. f) It is intended to be inflammatory
  7. g) In general, it could cause damages to GAROO, NIVELAT or third parties.

 

GAROO owns the intellectual property rights of all the protectable components of the Service, including, but not limited to, the name of the Service, works of art and elements of the user interface contained in the service, many of the particular functionalities, and their related documentation. The Client may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the service without the express written permission of GAROO.

 

PROHIBITIONS

In addition to the prohibitions expressly contained in other sections of these Terms, the User is prohibited from using the Site in any way that could damage, disable, impair or overburden the Site;  or uploading, posting, or in any other way, transmitting or distributing on this Site, any item, including, without the following list implying any limitation, computer viruses, trojan horses, worms, automatic shutdown mechanisms or any other disruptive system, program or file; interfering with the security of this Site; infringing commercial patents, trademarks, trade and industrial secrets, advertising rights or any other proprietary rights of any natural person or legal entity, communities, etc.; preventing or interrupting the use of the Site by third parties; using automatic programs, mechanisms or manual processes to monitor, copy, summarize, or extract information in any other way from this Site; using the accounts and passwords of third-party Users, or any other information without the prior written consent of the owner; creating accounts or using the site by providing false information; transmitting SPAM, chain letters, junk mail or any other type of unsolicited bulk mail from this site; uploading, distributing or disseminating threatening, harassing, defamatory, obscene, pornographic, fraudulent, deceitful material or information from the site, or that in any other way could be an attempt against the law, public order, morality and good customs or that violates or disturbs the rights of any other person, or that contains requests for fundraising, among others.

 

OPERATION OF THE NIVELAT PLATFORM

NIVELAT does not guarantee continuous and uninterrupted access and use of the Site. The system may eventually be unavailable due to technical difficulties, internet failures or any other circumstance unrelated to NIVELAT. In such cases, an effort will be made to re-establish the system as quickly as possible, without any liability being attributed to it.
 
NIVELAT has defined its MAINTENANCE AND SUPPORT SERVICE LEVEL AGREEMENT “SLA” that comprises the correct functionality of the Software, its remote access, updates that are intended to correct errors or implement improvements, and the maintenance of the servers on which it resides.
 
NIVELAT is not responsible for any damage, injury or loss to the User caused by failures on the Site, on the server or on the internet, nor will it be responsible for the damages generated by any virus introduced by a third party that could infect the User’s equipment as a consequence of access, use or examination of the site or as a result of any transfer of data, files, images, texts or audio contained therein.
 
Users may not impute any liability to NIVELAT nor demand payment for lost profits, by virtue of damages resulting from technical difficulties or failures in the software, the systems or the internet.

 

RESPONSIBILITY RELATING TO USER INFORMATION

The Developer is not responsible for the eventual loss or damage that the files, information or access codes may suffer that are sent to it for the provision of services delivered by NIVELAT or for the use of its Site, whether due to technical problems, made by you or your dependents. It is the sole responsibility of the User to endorse the information sent to him/her.

 

COMMUNICATIONS

In the event that a User has doubts about these Terms, about their application and, in any case, when they must give notice or a related warning, they must contact NIVELAT via email at support@nivelat.com