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Terms and Conditions of Use of the Platform and Provision of Services

These Terms and Conditions of Use («T&C’s») regulate the relationship between the individual or Legal Entity ( the “User”) who uses the website, mobile applications and digital tools owned by Flow (hereinafter the Platform) to receive the Services provided by FLOW SA and any of its affiliates, subsidiaries, branches or headquarters (hereinafter “We” or “Flow”). By using the Platform, the User expresses his consent to these T & C’s and agrees in accordance with their scope. Therefore, these T & C’s constitute a binding legal instrument, as well as the entire agreement between the User and Flow (collectively referred to as the “Parties”).

Defined terms will be described with the first letter in capital letters and only when they are used with such format is when they should be interpreted as such. These definitions may also be applied in the singular or plural form.

DECLARATIONS AND GENERAL TERMS

To make use of the Platform when contracting Flow Services in accordance with these T & C’s, the individual User must be of legal age and have sufficient legal capacity to adhere to these T & C’s. We do not allow access and / or use of the Platform to persons under 18 years of age. Likewise, the User who makes use of the Platform through a representative, declares that his client is a duly constituted legal person and he has the necessary and sufficient powers to bind his client under the terms of these T & C’s, and that they have not been revoked or modified in any way, in the event that the User legal person modifies the powers of their representative or revokes them, they must inform Flow of such circumstance, who will review and, where appropriate, approve the modifications in accordance with these T&C

For our part, we declare that Flow is a company, duly incorporated in accordance with the laws of Chile and that it is up to date in complying with its tax obligations. Likewise, the User at this time accepts that Flow may carry out the provision of the Services through or with the support of its affiliates, subsidiaries or branches established in other countries.

Any breach of these T & C’s by the User empowers Flow to terminate any relationship with the User without the need for a legal requirement and without liability for Flow.

MODIFICATIONS AND UPDATES

Flow reserves the right to: (i) modify the T & C’s at any time, as well as; (ii) offer new services through the Platform.

It is the User’s obligation to stay tuned to updates to these T & C’s. However, in case of updates, the new T & C’s will be notified to the User by email and will be available on the Flow website https://flowpagos.com/en with the understanding that such modifications will be understood to be accepted by the User and once the modifications to the Platform are published on the Flow website and / or the modifications to the Platform take effect, the User continues to use the Platform and / or receive the Services.

Any modification we make to these T & C’s will apply to any website, mobile application and / or any other tool or technology owned by Flow. Likewise, such modifications will take effect when the T & C’s are updated and published.

VERIFICATION OF DATA

By entering the Platform, completing the Form and registering on the Platform, the User empowers Flow to verify, by itself or by third parties, at any time, the data provided, including but not limited to: credit information, data of “Know Your Customer” (“KYC”), and data related to the prevention of money laundering and terrorist financing (“AML – AMT”), with the understanding that Flow or the third party designated for that purpose may carry out the investigations that it deems pertinent about the user or their representatives and shareholders In the event that the information provided for registration on the Platform is false or inaccurate, Flow may deny access to the Platform at its sole discretion, as well as remove any content related to the User, should this be necessary.

REGISTRY; ACCOUNT CREATION; CONTRACTING OF SERVICES

In order to use the Platform and contract Flow Services, the User must enter the website and fill out the registration form (hereinafter the “Form”), providing the data and information required in it. The User guarantees and will be solely responsible for the veracity, accuracy, integrity, validity and authenticity of the information and data provided in the Form which is included on the website https://flowpagos.com/en and that is part of these terms and conditions . Once the data contained in the form is validated and additional documents are provided and reviewed, Flow will provide its decision whether to approve or not the merchant so that the user can use the Platform and contract the Services, through their registration and provision of requested documents on the Platform.

Once registered, the administrator User of the account may create, edit and delete various profiles to use the Platform.

The User will have access to the Platform with their email address and chosen security key (the “Security Key”) in order to enter it and view the transaction history and the amount to be deposited.

ACCEPTANCE; REJECTION; CANCELLATION AND SUSPENSION

Flow may request any type of additional information from the User at any time, accept or reject registration requests, as well as suspend, either temporarily or permanently access to the Platform, in accordance with these T & C’s.

In the event that the User wishes to modify the data provided to Flow, including their personal, banking and representation data, they must immediately inform Flow, who may evaluate and reject or accept such modifications, therefore, Flow for this purpose, may require additional information and documentation from the User, on the understanding that as long as these are not provided or accredited, Flow may suspend the provision of services in favor of the User as well as their access to the Platform,
The User will be responsible at all times for carrying out the update of his data, for which he is responsible for the damages that the omission of such update may cause to Flow or to third parties.

COMMERCIAL COMMISSION

By virtue of these T & C’s, the User confers on Flow and it accepts for itself, a non-exclusive commercial commission in order for Flow to carry out directly or through its affiliates, subsidiaries or branches through the orders made by the User, the activities of processing payment transactions, receipt of payments, as well as the settlement of such transactions in favor of the User in the Bank Account that is in his name designated for this purpose by the User, in exchange for a consideration (the “Commission”).

The cost of Flow services will be that which is agreed between the parties and the user, which will be paid on time. The acceptance of the fees, can be done via mail, email, digital signature, or any other valid system, and it will always refer to the specific conditions signed with the client.

Flow may require the User to enter into the corresponding contract, where the specific conditions of the Services subject to the Commission will be set, so the Parties undertake to carry out the necessary steps for the conclusion of the respective contract, in the terms granted. by the Parties by virtue of these T & C’s.

PRIVACY AND PROTECTION OF PERSONAL INFO

The Personal Data provided by the Users of the Platform (“Personal Data” as defined in the Privacy Notice) that are collected by Flow, will be treated in accordance with the provisions of the Privacy Notice that will be made available to the User. through the Platform (hereinafter the “Privacy Notice”).

To obtain information corresponding to the collection, registration, conservation, modification, consultation, use, communication by transfer, dissemination or any other type of enabling access, collation or interconnection, limitation, deletion or destruction of your Personal Data, you should consult our Policy Privacy Policy and the Privacy Notice, available at the following link https://flowpagos.com/privacidad.

In the event that the User collects personal data from third parties, the User agrees to have a privacy notice and communicate this privacy notice to its customers and / or users, the customer accepting that Flow at no time will have access or be responsible for the data of such third parties. Likewise, the User undertakes to obtain the consent of its users for the transfer of personal data when the applicable legislation so requires.

AUTHENTICATION AND DATA SECURITY

As authentication elements, the User will have: a) email; and, b) Security Code.

Flow will provide the User with a temporary password to access the Platform that will be provided through the means established for that purpose by Flow. The User agrees to change the temporary password, the first time he enters the Platform, therefore, Flow disclaims any responsibility for the inappropriate use of it, since it does not know the password entered by the User. To change the password, the User must follow the procedures indicated on the Platform.

The User expresses his consent and undertakes to apply and keep in force all the security mechanisms suggested by Flow in these T & C’s that are in force from time to time and / or are made known to him by Flow. Flow does not assume responsibility for the incorrect implementation or misuse of the security mechanisms by the User.

It will be the obligation of both Flow and the User to protect all the data of: instruments or means of disposal (cards), numerical or alphanumeric references to request payments through the use of cards, either from national or international issuing banks (hereinafter the “Means of Payment”) used, or any other information related to cardholders and / or holders, unless Flow is legally required in accordance with the CHECKING AND VERIFICATION OF DATA section, the data will not be disclosed, recorded or otherwise processed. information received during transactions.

Likewise, the User grants his consent to Flow from this moment, to carry out all the activities necessary for the validation of the User’s compliance with the standards and guidelines issued by PCI DSS; in the event that the User’s certification process before PCI DSS requires it.

LICENSE

By virtue of these T & C’s, Flow grants in favor of the User, a temporary, non-exclusive, revocable and limited license regarding the use of the Platform, so that the latter may use it, for the purposes established in these T & C’s, in accordance with the general and technical specifications that are established, but not limited to, in the following section. The User understands and accepts that Flow will not be responsible for the uses made by the User’s representative, a Moral person or any person designated by him, for the use of the Platform, which is contrary to the provisions of his represented and undertakes to compensate to Flow the damages that this misuse may cause to Flow.

FUNCTIONING OF THE PLATFORM AND GENERAL CONDITIONS OF THE SERVICES

A. Features. Through the Platform, the User will have the following functionalities:

a. To reporting. Once the corresponding authorization has been received for the acceptance of the Payment Means used to carry out a transaction, Flow will carry out the reporting of the transactions authorized by the sales made by the User. The term of the process described in this Subsection is subject to verification by the User in accordance with these T & C’s.

b. Liquidation of funds. The User will indicate within the Platform the account opened in a financial institution in their country of residence in the User’s name as well as the country and, where appropriate, the number, IBAN or SWIFT corresponding to such account (“User’s Bank Account”) to which Flow will transfer the amounts corresponding to the transactions authorized by the sales made by the User within the agreed period in accordance with the selected plan and its respective rates in the corresponding section within the Platform or in the additional contracts entered into by the Parties. , the Parties agree that in no case may the User designate as a Bank Account an account opened in a financial entity of which the User is not the owner, Flow may request the User to designate a different Bank Account in the event that it does not comply with the requirements established by Flow. However, Flow will not be liable for any situation that the User may face if, due to any circumstance beyond Flow, the agreed term is exceeded.

Any funds accredited or in the process of accreditation will not be available to the User when, at Flow’s sole discretion, there are indications of illicit activities or fraudulent transactions, including the activities and operations that are mentioned in the applicable legislation or the activities established as prohibited by the institutions. financial.

c. The amount to be paid out is defined with the combined volume of the sales and the frequency stated in the contract, if the volume of sales to be paid out does not reach the minimum sales volume, the balance will be accumulated until the next Payout period is reached, the minimum sales volume to be paid out is defined by Flow in USD $ 5,000.

B. Chargebacks, reversals, ignorance or cancellation of charges. Chargeback shall be understood as the claims filed by a cardholder with his issuing bank for a charge made to his card. If the person who buys the goods and / or uses the services provided by the User (the “Payer”), or the company processing the means of payment, challenges the amounts involved in the operation (the “Chargebacks”); Flow will notify the User via email and then proceed to deduct such amounts from the funds pending settlement to the User. By virtue of which, the User expressly authorizes Flow to deduct funds from the next settlement and so on until the complete recovery of the funds to cover the Chargebacks and if it does not have sufficient funds, to debit them from any other future income of funds. to your account, or the User agrees to pay them within ten (ten) calendar days following the discount of the funds.

For the purposes of contesting the Chargebacks, any evidence that the User may provide to Flow in their defense will be important, but this will not imply that the funds are returned again or that Flow undertakes to challenge the Chargebacks even if the User has provided evidence. In the case of Chargebacks, the User must respond to Flow for the amount involved plus any other applicable cost or expense. Flow may initiate the judicial or extrajudicial measures that it deems pertinent in order to obtain the payment of such funds. The User undertakes to keep the supporting documentation for the sale of the good, product or service carried out through Flow, including that which verifies the shipment or delivery of the good or product in question, for a minimum period of 1 (one) year from receipt of funds.

Disputes between the User and the Payer that gave rise to the Chargebacks must be resolved directly between those parties, without any intervention or responsibility from Flow.

Flow may apply to the User the measures it deems necessary to mitigate the User’s Chargeback rate when it is higher than 1%, which may be, but not limited to:

    • Request the User a guarantee.
    • Withhold a fixed amount or a percentage of the transactions processed.
    • Withhold the amount of processed transactions for up to 180 days.
    • Request the User a plan to improve the chargeback rate.
    • Termination of contract due to high chargeback rate.
 

C. Limitation of liability Flow, its affiliates, subsidiaries, controllers, shareholders and employees will not be responsible for insolvency, political, economic situations or any other circumstance that may arise in the country where the transactions are made for the sales made by the User.

PLANS; PAYMENTS; BILLING

The User will select within the Platform or, where appropriate, in an additional contract, the plan and consideration (the “Rates”) that the User agrees to pay Flow for the Services by virtue of these T & C’s, the Rates will be withheld from the funds cleared to the User. Flow will liquidate the funds, always subtracting the corresponding Commission via compensation exercised;

Flow reserves the right to modify the Rates, and for this purpose, it must notify the User via email or through the Platform, with a reasonable period of anticipation before such modification should take effect, in the event that the User make use of the Platform after the modification takes effect, it is considered that you have given your consent and acceptance to it, in case the User does not agree with the modifications, you may request the cancellation and closure of your account to through the means established for this purpose in these T & C’s.

The User through these T & C’s unconditionally and expressly authorizes Flow to discount, withhold and / or offset the payments received on his behalf, without the need for prior notice or any formality, to accredit Flow the following payment concepts:

A. The amount of the Fees;

B. The Value Added Tax that must be paid in relation to any concept of payment;

C. The amount of transactions deposited with subsequent adjustments or changes in status (canceled, refunds, errors);

D. The amount of any Chargeback and deposits derived from Fraudulent Transactions, including those deposits where there are indications that they are derived from possible Fraudulent Transactions;

E. Any other amount that is required in terms of these T & C’s and / or applicable regulation.

Flow is obliged to deliver the corresponding invoice by the Commission charged to the User no later than within the first 15 (fifteen) business days of the immediately following month and which must comply with the applicable tax requirements.

Flow will have the obligation to settle the transactions authorized by the sales made by the User by the electronic means designated for this purpose by the parties to the Bank Account, less the balance or commission that has been revoked by a financial institution and / or provider of payments and / or competent authority, as well as those Chargebacks or Refunds that may be applicable. Flow will carry out the aforementioned settlement within the term notified to the User through the Platform, without prejudice to the foregoing, the User accepts and acknowledges that Flow will not be responsible for any delay in settlement for reasons not attributable to Flow, for this purpose Flow will notify the User of any delay derived from causes not attributable to Flow and will make all reasonable efforts to carry out the corresponding settlement.

The User accepts and acknowledges that all the payments that are processed through the Platform will be settled in accordance with the conditions established in these T&C.

TECHNICAL SUPPORT

Flow is committed to provide technical support and advice to the User at no cost, so that the User can make use of the Platform, during the validity of the relationship with Flow under these T & C’s through the email supportlatam@flowpagos.com. Likewise, Flow is committed to addressing any technical failure that prevents or reduces the use of the Platform. In this sense, Flow undertakes to respond to any query or failure report, within a maximum period of two business days after the report is submitted to the email address supportlatam@flowpagos.com. Such a report must include the date and time, description of the failure, name, email and telephone number of the person reporting the failure. Flow will do its best to correct and repair any type of error or failure in the Platform in the shortest time possible according to the type of incident in question in accordance with the level of service stipulated by Flow. In this case, Flow undertakes to send the User the status of the repair.

RIGHTS AND OWNERSHIP OF THE PLATFORM

Flow states that it is the sole and exclusive owner of the copyright and property rights on the Platform. Likewise, it guarantees the originality of the Platform, therefore, in this act, Flow undertakes to remove the User in peace and safety from any claim regarding the ownership and originality of the Platform.

Notwithstanding the foregoing, Flow does not guarantee that the Platform is free of errors, bugs or vulnerabilities, however, it will provide the User free of charge, during the validity of these T & C’s, the technical support that is necessary for the latter to be able to use the Platform regularly.

All rights, licenses, titles and interests in the Platform are and will remain the exclusive property of Flow and its licensors. The Platform is protected by copyright laws and by applicable international treaties. Accordingly, products and services should be treated like any other copyrighted material. Likewise, it is expressly understood between the parties that the Platform may not be rented, leased or loaned or transmitted in any way without the express authorization of the owner of the rights over the Platform.

These T & C’s do not grant the User the right or the license to use the Flow name and / or any of the brands (whether or not registered with the competent authority) of Flow, intellectual property rights, logos, domain names and other characteristics. brand hallmarks. The observations, opinions, suggestions or comments that the User may provide in relation to the Platform will be merely informative and may or may not be used by Flow for its benefit, so Flow may use those observations, opinions, comments or suggestions in the manner that it considers appropriate without generating any obligation with the User.

PROHIBITIONS TO THE USER

It is strictly forbidden to reproduce, modify, alter, distribute any copy, publicly communicate, transform, mutilate, make changes or any type of use or exploitation of the Platform other than that allowed through these T & C’s, in whole or in part, by any means known or to be known in the future. Likewise, it is strictly forbidden to carry out any reverse engineering process with the purpose of using or altering any of the modules and / or the source code and object code of the Platform, without the prior written authorization of Flow.

All names, logos and brands are the property of Flow, its clients or content providers and none of these elements may be used for any purpose without the express written authorization of the owner of said distinctive signs or brands. The unauthorized use of said elements will be sanctioned in accordance with the applicable legislation. Likewise, all the material contained in the Platform, including but not limited to: designs, drawings, computer programs (source code and object code), databases, graphic, audiovisual, photographic material, texts, inventions, models, patents, Among other Intellectual Property rights, they are the sole and exclusive property of Flow and are protected by the Federal Copyright Law, the Industrial Property Law, as well as by the Intellectual Property laws of other countries and International Treaties. in the applicable matter. You cannot use the Flow service for activities that: 1) Violate any law, statute, ordinance or regulation. They refer to transactions that involve: a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, b) drug-related paraphernalia, c) cigarettes, d) articles that promote, promote, facilitate or instruct others to participate in activities. illegal, (e) stolen property, including digital and virtual property, (f) the promotion of hate, violence, racial forms or other forms of discriminatory intolerance or the financial exploitation of a crime, g) articles that are considered obscene, (h) items that infringe or violate any copyright, trademark, publicity or privacy right or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms or certain parts of firearms or accessories, or (k) certain weapons or knives regulated by applicable law. transactions that (a) display the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with annuity purchases or lottery contracts, lay-away systems, off-shore banking, or transactions to finance or refinance debts financed with a credit card, (d) are for the sale of certain items before the seller have control or possession of the item, (e) are by processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (h) involve currency or business exchanges check cashing, (i) involve certain credit repair, debt settlement services, insurance transactions or activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption, l) ICO, m) Binary forex Sales of products or services identified by government agencies have a high probability of being fraudulent.

Activities that require pre-approval: Airlines and operators of scheduled or unscheduled charter flights / jets / air taxis; collect donations as a charity or non-profit organization; trafficking in jewelry, precious metals and stones; act as a money transmitter or sell stored value cards; the sale of stocks, bonds, securities, options, futures (forex) or an investment interest in any entity or property; or provide custodial services. Provide file sharing services or access to newsgroups; or the sale of alcoholic beverages, tobacco products other than cigarettes, electronic cigarettes, or prescription drugs / devices.

Activities involving gambling, gambling and / or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, ticketing lottery, other companies that facilitate gambling, skill games (whether or not legally defined as games of chance) and raffles, if the operator and customers are exclusively in jurisdictions where such activities are permitted by law or have the required permits. Crypto Exchange or cryptocurrency related businesses, Electronic wallets, Money transfer, Trading. Adult content with the exception of: Pedophilia, Prostitution, sexual exploitation, racism or any content that is offensive or that may be against the applicable law. Please send the contact information, the URL of the company website and a brief summary describing the business to: compliance@flowpagos.com.

In the event that Flow considers that the User has made a Prohibited, suspicious or irregular Transaction, Flow will retain the funds derived from said Transaction and will restrict the User’s use of the Platform, temporarily block the User’s access to the use or availability of functionalities of the Platform, and / or will permanently cancel access to the Platform, while Flow conducts an investigation to determine if the User has made a Prohibited Transaction, Should this be the case, the User will be liable for damages that are determined by the competent authority that may have caused Flow, without prejudice to the legal actions that Flow may exercise. Funds might be retained for up to 180 days.

FRAUDULENT TRANSACTIONS; CHARGEBACKS

Flow complies with the national and international regulations that are applicable to it regarding the prevention of operations with resources of illicit origin, including those regulations that, due to a security strategy, we observe even without being obliged to do so.

Likewise, the User must adhere to the provisions of these T & C’s for the processing of transactions, for which he will refrain at all times from carrying out Fraudulent Transactions or unauthorized transactions where there are indications that illegal activities or Transactions could be incurred. Fraudulent, including the activities and operations that are mentioned in the applicable legislation; to activities established as prohibited by financial institutions or payment providers. (referred to as “Fraudulent Transactions”).

Therefore, it is the User’s obligation to establish the pertinent measures so that their dependents, employees or third parties involved in receiving payments on their sales platform (s) adhere to the rules of knowledge of the client (“KYC”), prevention of laundering of money and terrorist financing (“AML- ATF”), security and protection of personal data for card not present.

Flow may request the User at any time additional information about the services offered through the Platform, such as a) information on suppliers, b) licenses for the distribution of goods or services offered through the Platform, among others, In the event that Flow suspects that the User is carrying out Fraudulent transactions, derived from an unjustified increase in sales for no apparent reason, a decrease in sales for no apparent reason, that sales stop suddenly, that the Chargeback rate increases more than 1%, increases of refunds by more than 50% of the monthly average, transactions that do not correspond to the reported vertical, and any other type of suspicious activity determined by Flow.

Likewise, the User is responsible for documenting and responding to requests for chargeback and / or cyber fraud that may be submitted. Flow, at all times, will facilitate the processing service before the corresponding acquirers / issuer but does not assume any responsibility for Chargebacks and therefore has no obligation to pay for this concept.

The User will be liable for Fraudulent Transactions and / or Chargebacks up to 180 (one hundred and eighty) calendar days following the termination date of these T & C’s and the relationship with the User.

The User will be solely responsible for compensating the damages and / or losses that the authority determines, that could be caused to the cardholders, and other third parties involved in the issuance, acceptance and processing of the transactions carried out with the cards, for incurring in any Fraudulent Transaction, regardless of any other responsibility that is attributable to the User, their dependents, employees or any third party for causing or processing such transactions, releasing Flow from any responsibility derived from the above and forcing it to remove it in peace and safe for any claim derived from this point.

EARLY TERMINATION

Flow will notify the User when it is going to make an early termination of the relationship with the User; This will be at least 30 (thirty) calendar days in advance of the effective date of termination, by email to the address registered on the Platform. In the event that Flow detects that the User has made Fraudulent Transactions, activities with prohibited spins or has violated any of these terms and conditions, it may immediately terminate its relationship with the User and may not use the Platform again or receive the services provided by Flow.

In the event that the User wants to terminate the relationship with Flow, they must notify it in writing to compliance@flowpagos.com

In the event of early termination, the obligations that are pending fulfillment of both the User and Flow will subsist. This includes the obligations of Chargebacks and debts, confidentiality, general duties against contingencies, as well as the retention of the amount of the transactions carried out in the last six months and any other assumptions thus provided in these T&C.

Therefore, the User understands and accepts that Flow may dispose of, for the benefit of this or a third party, any amount for the sales made by the User, without prior notification or additional authorization, to collect any amounts that the User owes in accordance with the present T&C, up to a period of 180 (one hundred and eighty) days from the date the termination takes effect.

CONFIDENTIALITY

The User is obligated to protect and keep confidential and not to disclose to any third party any Confidential Information (as said term is defined below) received from Flow or obtained on the Platform, its related companies, agents, representatives or in any other way discovered by the User in relation to or due to the use of the Platform, as the case may be.

For the purposes of these T & C’s, “Confidential Information” will be understood as all information that is not public knowledge and that is or is used, developed or obtained by Flow and / or its related companies, agents, representatives or in any other way, as well such as that which is evident for a technician in the field, based on previously available information, which must be disclosed in accordance with the provisions of the applicable regulation or law, including without limitation: (i) information, procedures and data obtained and / or developed by Flow or its related companies, concerning or related to the business or affairs of Flow or its related companies; (ii) products or services; (iii) costs and pricing structures; (iv) analysis; (v) business and accounting methods; (vi) all written, graphic, electromagnetic information, including without limitation, technical information, source codes, documentation and other artifacts produced and developed by Flow; (vii) computer software, including operating systems, applications, and programming listings; (viii) organization charts, manuals and documentation; (ix) all production methods, processes, technology and trade secrets and market projects; (x) names of the shareholders, current or investment partners; and (xi) all other similar and related information, in any form.

Likewise, the User undertakes to use the Confidential Information only for the purposes of fulfilling their obligations under these T & C’s. In order to maintain said framework of confidentiality, the User agrees to take the security measures they consider necessary and reasonable and that include, at a minimum, those used to protect their own confidential information. The User must adopt the technical and organizational measures that are necessary to guarantee the security and confidentiality of the Confidential Information, in order to avoid its modification, adulteration, loss, consultation or unauthorized treatment, and that allow detecting deviations, intentional or not, of Confidential Information, whether the risks come from human action or the technical means used.

The User may disclose said Confidential Information, solely and exclusively to the personnel who need to know said information to comply with their obligations in accordance with the provisions of these T & C’s. Regardless of the aforementioned, the User will continue to be responsible for the use that they and their staff make of the Confidential Information, having to respond to Flow for any damage or harm that may be generated due to its disclosure. Likewise, the User declares to know the penalties incurred by a person for disclosure of secrets, in accordance with the applicable legislation.

The User undertakes to respect the provisions contained in this section, even after the conclusion of the contractual relationship or of any nature with Flow, remaining his obligation not to reveal the information that he has come to know, for a period of 10 (ten) years from the termination of the contractual relationship or of any nature with Flow.

DISCLOSURE AND USE OF YOUR MESSAGES AND COMMUNICATIONS

The material sent to the Platform by the Users is not confidential, except as expressly indicated in the Confidential Information section. Flow will have no responsibility for its subsequent use or disclosure. All communications and other materials (including, without limitation, unsolicited ideas, suggestions or materials) that are sent to the Platform or Flow, by any means, will become the sole and exclusive property of Flow, and may be used by the latter. for any purpose, including commercial, without compensation.

LIMIT OF LIABILITY

Flow does not guarantee or declare that the User’s use of the Platform will be uninterrupted or error-free. Flow will make the best efforts so that in case of failure, interruptions or any unforeseen event related to the use of the Platform or Services, it can be solved quickly and satisfactorily for the User.

Flow does not guarantee that the service will be free from loss, corruption, attack, virus, interference, intervention (hacking), access or other security alteration, so it waives any responsibility related to them, for the foregoing Flow does not assume responsibility any that derives from any (a) error, mistake or inaccuracy in the provision of the Services, (b) damage resulting from the use of the Services, (c) unauthorized access or use of the information stored on its servers, (d) interruption or suspension of the Services, (e) failure, bugs, viruses, Trojan horses (Trojan horses) or similar that have been transmitted through the provision of the Services, (f) damage or harm derived from the use of any content or data published, sent or transmitted through the Services, (g) damage derived from the use that the User makes of the services provided under these T&C.

Flow will not be liable for damages of any kind, including without limitation special or consequential damages, derived from access or inability to access the Platform, as well as its use or dependence on the information contained in the Platform or when making use of the Services.

Flow has no obligation to update the Platform, or the information contained in it, so Flow will not be responsible for the failure to update said information. Additionally, Flow is not responsible for the use of other Internet sites that the User can access through links contained in the Platform. These links and other referenced resources are provided solely as a service to users of the “World Wide Web” and their inclusion on the Platform does not constitute an endorsement of, or affiliation with, Flow.

In the event that a payment is not deposited in the account balance, due to a failure by the payment provider or third party, Flow will notify the User at the moment the incident is detected. Flow will not be responsible for the times, delays, breaches of third parties, as well as damages that are generated during this process.

VALIDITY

These T & C’s will be valid from date of acceptance and approval by Flow and will continue in force as long as any of the parties decides to terminate the relationship between them, the provisions for early termination being applicable with respect to the obligations that may subsist once the termination takes effect.

NOTIFICATIONS

Any clarification or complaint not established in these T & C’s will be notified by Flow via the email registered on the Platform.

Flow indicates the address to receive notifications located at: Siente Norte 360 ​​of. 1 Viña del Mar, Chile CP 2520131.

Likewise, the notifications made by the User to Flow must also be sent to the email compliance@flowpagos.com.

BREACH OF CONTRACT

In the event of the User’s breach of any of the obligations of these T & C’s, as well as the applicable legislation, Flow may suspend or cancel access to the Platform; without prejudice to the legal actions available in favor of Flow in the event that any conduct of the User generates damage or harm.

The User agrees to remove Flow in peace and safety for any claim, complaint, demand, complaint or procedure of any kind derived from its non-compliance, having to compensate Flow for all expenses incurred for its defense, including, but not limited to, those attorneys’ fees, as well as any type of compensation paid by Flow.

JURISDICTION

The Platform will be available online regardless of whether it may not be available in the country where the User is located. The Platform operated by Flow does not guarantee, explicitly or implicitly, that the information and material contained in the Platform, including without limitation the information and other materials that promote the commercial activities, products or Services described herein, are appropriate or are available in other localities. Additionally, some software on the Platform may be subject to export regulations imposed by the applicable regulations in each country, so it cannot be downloaded and / or copied, or exported, within (or to a citizen or resident of) a country in which the import or download of said software is restricted, including those countries that are part of the official lists established on the matter (hereinafter “Restricted Country”).

Restricted Current Countries:

  • Angola
  • Anguila
  • Antillas Holandesas
  • Armenia
  • Aruba
  • Bielorrusia
  • Benin
  • Bután
  • Bolivia
  • Brunei
  • Burkina Faso
  • Burundi
  • Camboya
  • Camerún
  • Cabo Verde
  • Chad
  • Comoras
  • Côte d’Ivoire
  • Djibouti
  • Estados Federados de Micronesia
  • Eritrea
  • Etiopía
  • Gambia
  • Guinea
  • Guinea-Bissau
  • Guayana
  • Islas Cook
  • Islas Malvinas
  • Isla Norfolk
  • Islas Vírgenes Británicas
  • Kiribati
  • Kirguistán
  • Laos
  • macedonia
  • Madagascar
  • Maldivas
  • Mali
  • Islas Marshall
  • Mauritania
  • Mayotte
  • Mongolia
  • Montenegro
  • Montserrat
  • Namibia
  • Nauru
  • Nepal
  • Níger
  • Nigeria
  • Niue
  • Papúa Nueva Guinea
  • Paraguay
  • Islas Pitcairn
  • República de Azerbaiyán
  • República Democrática del Congo
  • República de Congo
  • República de Gabón
  • Ruanda
  • Santa elena
  • San Pedro y Miquelón
  • San Vicente y las Granadinas
  • Samoa
  • Santo Tomé y Príncipe
  • Sierra Leona
  • Islas Salomón
  • Somalia
  • Sri Lanka
  • Surinam
  • Svalbard y Jan Mayen
  • Swazilandia
  • Tayikistán
  • Tanzania
  • Tonga
  • Túnez
  • Turkmenistán
  • Tuvalu
  • Uganda
  • Ucrania
  • Vanuatu
  • Islas Wallis y Futuna
  • Yemen
  • Zambia
  • Zimbabue

By downloading or making use of the Platform, the User establishes and guarantees that he is not a citizen, does not reside or is not in territory controlled by any Restricted Country. Chilean laws will govern these T & C’s for which, the User expressly agrees to renounce any jurisdiction that may correspond to him by reason of his domicile, present or future, expressly submitting to the jurisdiction and competence of the Ordinary Courts of Justice of Santiago de Chile, regarding of all matters related to these T&C’s.

DISCLAIMER OF WARRANTIES

Flow does not make any representation or warranty about the accuracy, reliability or integrity of the content on the Platform. Within the limits established by law, Flow disclaims all warranties, express or implicit, including without limitation the implicit warranties regarding availability and fitness for a particular purpose. Furthermore, Flow does not guarantee that the Platform or the server that makes it available are free from “computer viruses”, vulnerabilities or security gaps not known to Flow, so the use of the site is made by Users at their own risk. and risk.

OTHERS

Flow, at its discretion, reserves the right to: (i) modify these T&C’s; (ii) track and delete information provided by visitors to the Platform and (iii) limit or eliminate the availability of the Platform, at any time, without prior notice at Flow’s sole discretion. If it is determined that any term, condition or provision of these T&C’s is illegal, invalid, null or for any reason, unenforceable, the validity and application of the other provisions will not be affected or impaired in any way. This instrument constitutes an entire agreement between the User and Flow.

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