ZYGHT

Terms of use

Welcome to ZYGHT, a web and online service operated by SME SpA (“Operator”) through its portal https://www.zyght.com/ and through its instances for each paying customer under the name https://clientnameinstance.zyght.com (“Web Service”). This document explains the terms by which you may use the ZYGHT service (“Service”, “Software” or “Zyght”). PLEASE READ THIS DOCUMENT BEFORE ACCESSING THE WEB SERVICE OR USING ANY OF THE OPERATOR’S SOFTWARE OR SERVICES. IF YOU (“User”) DO NOT AGREE TO THESE TERMS OF USE (“Terms”), WE KINDLY ASK YOU NOT TO USE THIS WEB SERVICE.

1. Acceptance

The Operator makes the Service available to the User of this Web Service, subject to the Conditions set forth below. Access, use and registration and/or downloading of information contained in the Web Service implies full and unreserved acceptance of these Terms by the User. The Operator reserves the right to modify these Conditions at its discretion, at any time and without prior notice, by the sole publication of new conditions of use. You are therefore kindly requested to access this section (https://www.zyght.com/termsofuse) each time you visit the Web Site, in order to check the content of the Conditions applicable at the time of your visit.

2. ZYGHT Web Service

The Web Service provides a virtual space for users to report work incidents, actions, and substandard conditions with others in their workplace networks in real time. In the event that the Web Service makes available to the User connections and links to other Web services managed and controlled by other companies, through which the User may access the information, content and services available on them, the use of such Web service and the information, content and services included therein, shall be governed by the terms and conditions of use applicable in each case, which the User may consult and, where applicable, accept before accessing the aforementioned Web services.

3. Use of the Web Service

The Operator grants the User authorization to use the Service as provided herein, provided that: (i) the User will not copy, distribute or disclose any part of the Service in any medium; (ii) the User will not alter or modify any part of the Service, unless reasonably necessary to use the Service for its intended purposes; and, (iii) the User fully complies with the terms and conditions set forth in this instrument.

The User agrees not to use or launch any automated system, including but not limited to, “robots”, “spiders”, and/or “offline readers”, that accesses the Service in a manner that sends more request messages to the Operator’s servers than a human being can reasonably produce in the same period of time using a conventional web browser. The User agrees not to collect or store any personally identifiable information, including account names, from the Service or use the communication systems provided by the Service for any commercial purpose. The User agrees not to use any part of the Service as a recipient linked from unsolicited bulk email messages or unsolicited commercial messages.

4. Registration

The User will be provided by the customer through a registration form (“Registration”) on the Web Service to obtain an account (“Account”). Your Account gives you access to the services and functionalities that we may establish and maintain from time to time and at our sole discretion. You are strictly forbidden from using another User’s Account without permission from the latter. When obtaining your Account, you must provide accurate, complete and truthful information. The User is the sole responsible for the activity that occurs on his or her Account and must protect his or her Account password from unauthorized third parties. The User must notify the Operator immediately of any breach of security or unauthorized use of his or her Account. The User shall be liable for the Operator’s or others’ losses due to such unauthorized use. The Operator shall not be liable for any damages caused to the User or others by unauthorized use of the User’s Account, provided that such damages are not attributable to the Operator. Furthermore, the User commits to update the data provided. The Operator is NOT responsible for the accuracy of the data provided by buyers and/or Users of the Web Service. Users are responsible, in all cases, for the veracity, accuracy, validity and authenticity of the data. The Operator holds the right to request additional proof and/or data in order to corroborate the personal data and other private information provided by the User, as well as to suspend the User temporarily or permanently if the User’s data cannot be confirmed. The Account is personal, unique and non-transferable, and it is forbidden for the same User to register or hold more than one Account. In the event that the Operator detects different Accounts containing the same or related data, the Operator may cancel, suspend or disable them. The Operator reserves the right to reject at its discretion any application for Registration or to cancel a previously accepted Registration, at any time and for any reason, without being under any obligation to communicate or explain the reasons for its decision and without resulting in any rights to compensation or reparation.

5. Capacity

Registration and use of the Web Service implies that the User is a natural or legal person with legal capacity to engage in a contract.

6. Exclusion of Warranties

To the extent permitted by Chilean law, the Operator excludes any condition, warranty, representation or any other stipulation relating to the provision, failure to provide or delay in the provision of any Service relating to the Web Service that may be in effect between the User and the Operator or that may in any way be derived from or included in these Terms and Conditions or any agreement between the User and the Operator. In the same manner and under the same Conditions as stated above, the Operator does not guarantee and is not responsible for the accuracy, completeness or up-to-dateness of the Web Service. The User understands and accepts that he/she uses the Website at his/her own risk and that the Operator does not guarantee that the Website will be suitable for the specific purposes intended by the User or that it will be provided uninterrupted, error-free and secure. The content and Service provided by the Operator through or in connection with the Web Service are provided “AS IS” and “AS AVAILABLE”, and the Operator makes no warranties of any kind, express or implied, with respect to the Web Site or relating to the content or Service included or offered on the Web Site. The Operator holds the right, at its sole discretion, to modify or withdraw any content or Service offered as part of this Web Service.

7. Responsibility

The Operator, any other party (whether or not involved in the creation, production, maintenance or provision of the Web Service), any of the companies related or associated with SME SpA or its officers, directors, employees, shareholders or agents of any of the foregoing, shall have no liability whatsoever, whether contractual or extra-contractual, regarding any type of loss or damage that the User or any third party may incur, whether direct or indirect, both non-property and property, especially for consequential damage and/or lucrum cessans (including, but not limited to, any loss of income, profits, goodwill, data, contracts or money; as well as any loss or damage resulting from or related to the interruption of business), the causes of which are not attributable to the Operator. The aforementioned includes, without limitation: (i) loss or damage caused by viruses that may infect the User’s computer equipment, software, data or any other property owned by the User as a result of the User’s access to, use of or browsing this Web Service or the downloading by the User of any material contained in this Web Service or any web service linked to this Website; (ii) the improper use that the User or visitor to the Web Service may make of the displayed materials, industrial property rights and intellectual property rights; (iii) the damages or eventual damages that may be caused to the Users by the operation of the search tools and errors generated by the technical elements of the Site or search engine; (iv) the contents of the pages to which the buyers or Users may access with or without the authorization of the Operator; (v) the access of minors or non-capable persons, under the terms of the corresponding legislation, to the contents adhering to the contractual relationship that arises from the Web Site.

In addition, the parties recognize and acknowledge that the computer platform provided by the Operator is not infallible, and therefore, during the provision of the Service, circumstances beyond the control of the Operator may occur, which may result in the Web Service or the computer platform not being operational for a certain period of time. In such cases, the Operator shall endeavor to restore its Web Service and computer system as promptly as possible, without any liability whatsoever being attributable to the Operator.

The Operator does not guarantee the availability and continuity of the operation of the Web Service and/or Service and does not guarantee that, at any given time, Users will be able to access the information provided by the Web Service.

In addition, the Operator shall not be liable for any damage caused to the Web Service due to improper and malicious use by Users and/or purchasers. However, the aforesaid does not affect, in any way, any liability that, due to mandatory legal prohibition, cannot be excluded or limited. At any event, the liability of the Operator, whether contractual, extra-contractual or legal, with the Users of the Web Service shall not exceed the price actually paid by the User in return for the Service.

8. Privacy Policy

By choosing to access any section of the Web Service, the User agrees to provide the Operator with accurate information requested in the relevant section at the time of registration. For details regarding the use and transfer of personal data, please refer to the PRIVACY POLICY section in this section of the Website (https://www.zyght.com/privacy-policy/).

SME SpA. All rights reserved.