Terms and Conditions – Consumers
These terms and conditions (the “Terms and Conditions”) applicable to Consumers (as defined below), regulate the access and/or use that you make in Chile of the virtual platform My Guide, consisting of a website, made available by My Guide Chile SpA, a company created under the laws of the Republic of Chile, with legal domicile in Barros Borgoño, commune of Providencia, Santiago de Chile (“My Guide”).
My Guide facilitates the intermediation between persons (the “Consumer” or “Consumers”) who request an order service (the “Service”) for various products displayed on the Platform, and other persons who accept, at their own risk and expense, as independent distributors and in the capacity of agents (the “Distributor” or “Distributors”), to manage the Service requested by the Consumer, by means of a mandate contract, in exchange for receiving a value from the Consumer as consideration for said Service, all by means of access and use of the Platform, My Guide being a third party intermediary between the Consumers and the Distributors.
The contractual relationship between Consumers and Distributors is entered into with Consumers who are in the national territory of the Republic of Chile or who, being abroad, request the management of an Order that must be carried out in the territory of the Republic of Chile, within the coverage area of the Platform, for which the Consumer will pay the Distributor’s Fee, through the electronic payment system available on the Platform or through cash delivery at the time of receipt of the products, at the Consumer’s choice.
Through the Platform, products from third parties not belonging to My Guide are exhibited, and the purchase and transfer management is entrusted by the Consumers directly to the Distributors, since the former seek to satisfy a private, personal or family need and, at no time, do they intend the subsequent marketing, resale or any other type of commercial transaction or interest with the purchased products.
Please read these Terms and Conditions carefully before accessing and/or using the Platform.
FIRST: Obligation to accept the Terms and Conditions
1.1 These Terms and Conditions expressly replace any previous agreement or commitment entered into between the Consumer and My Guide.
1.2 By accepting these Terms and Conditions, the Consumer’s access to and use of the Platform for the application of the Services to be provided by the Distributor, who is an independent third party of My Guide, is regulated.
1.4 The Registration (as defined below), expressly assumes that you know and accept these Terms and Conditions. In addition, the sole use of the Platform as a registered Consumer expressly implies that you know and accept the latest version of these Terms and Conditions.
1.5 By accepting these Terms and Conditions, you accept and acknowledge that (i) My Guide does not provide courier, logistics or transport services of any kind; and, (ii) under no circumstances will the Services be considered to be provided by My Guide and, as a result, the Deliverers may never be considered to be employees, workers or representatives of My Guide, its parent company or any of its related companies or persons.
1.6 If you do not accept these Terms and Conditions, you will not be able to access the Platform or request the Services from the Delivery Companies.
1.7 My Guide reserves the right to immediately terminate or modify these Terms and Conditions, as well as to cease offering or deny access to the Platform to one or more user(s)/consumer(s), either in whole or in part, if they are in any way in breach of the terms and conditions described. In the event of such a breach, and considering that consumers are aware of the terms and conditions, they will not be entitled to any claim.
SECOND: The Registry
2.1 To use the Platform as a Consumer, you must register as a user/consumer by completing the registration form (the “Registration”) with your personal data such as full name, e-mail address, home address, telephone number, which are necessary for the use of the Platform (the “Personal Data”). Without prejudice to this, the User/Consumer may provide additional data to complete his/her profile on the Platform. The Consumer assumes the commitment to indicate in the Registration his/her Personal Data in an exact, precise and true manner, as well as the obligation to update his/her Personal Data every time there is a modification of them.
2.2 Upon completion of the Registration, My Guide will provide the User/Consumer with a personal account to access the Platform with the password chosen by the Consumer (the “Account”). The User/Consumer will access his/her Account by entering his/her user name and chosen personal security key. The Account is personal, unique and non-transferable, and it is expressly prohibited for a User/Consumer to register more than once or to hold more than one Account. It is also prohibited for the User/Consumer to lend or lease their account to any third party for any purpose. In the event that My Guide detects or reasonably believes that different Accounts contain information that leads to the presumption that the same person holds more than one Account, My Guide may cancel, suspend or disable all related Accounts without prior notice and without any right of claim against any of the holders of such Accounts. The User/Consumer shall be solely responsible for the care and proper use of his/her Account, as well as for keeping his/her passwords protected.
It is noted that the data provided by the User/Consumer may be delivered to the corresponding authority by virtue of a court decision or by express mandate of the corresponding supervisory body.
2.4 My Guide, at its sole discretion, may unilaterally terminate the Registration and/or Account of a given User/Consumer at any time for violation of these Terms and Conditions, especially in accordance with articles 2.3, 3.3 and 4.6 of this instrument.
THIRD. The Service
3.1 The Service is intended for registered Users/Consumers only.
3.2 The User/Consumer will be able to find, on the Platform, food menus (starter and main course); products offered by different shops at a determined price of 12,000 CLP which is also published on the Platform. In case the User/Consumer wants to purchase a product, he/she can ask a Delivery Agent to take it to the address he/she indicates (the “Application”).
3.3 The same Consumer may request or reserve up to a reasonable number of Services per day. Notwithstanding the foregoing, My Guide may, on suspicion of an unlawful act or other legal offence, refuse and/or stop any Consumer Request. This policy is taken as a security measure against the possibility of fraud, scamming, use of other people’s data, or other breaches of the law that may occur.
3.4 The Deliverer may accept or reject the Application at its discretion. In the event that the Deliverer decides, on a voluntary basis, to accept the Application, the User/Consumer will receive notification of acceptance of his Application by the Deliverer (the “Reservation”). The Reservation will show both the address of the shop and the delivery address, the method of payment, the total amount paid and the number of products ordered from the shop from the Deliverer. On the latter it will show your name and surname, tip and the possibility of contact enabled. In addition to the above, the status of the order will be shown at all times, with its corresponding updates.
3.5 The Deliverer will fulfil the Service by delivering the goods indicated in the Request, to the address given in the Delivery Details, being the User/Consumer the only responsible for the veracity of the data entered there.
3.6 Users/Consumers are prohibited from using the Service to transport goods for purposes that are unlawful or contrary to these Terms and Conditions, good faith and public order, harmful to the rights and interests of third parties including, without limitation, transport of illegal material or for fraudulent purposes. According to the Chilean legislation, the User/Consumer will have the civil and criminal responsibility for the damages that the content of the shipment may cause to people, goods and/or the environment.
3.7 It is clear to the User/Consumer that My Guide is not a producer, supplier, dealer, agent, distributor or in general any kind of marketer of the products it exhibits, since it operates only as a technological platform that allows the meeting of Users/Consumers, Shops and Distributors for the management of the home service.
FOURTH: Use of the Platform
4.1 Access to the Platform is free of charge, except for the cost of connection through the telecommunications network provided by the access provider contracted (ISP) by the User/Consumer, which will always be his exclusive charge.
4.2 The User/Consumer may only access the Platform through authorized means, upon acceptance of these Terms and Conditions and the successful completion of the registration process in Section Two.
4.3 The User/Consumer is solely and exclusively responsible for (i) the use of their Account; (ii) the accuracy and completeness of the Personal Data entered in the Registration; and, (iii) the legality of the products they include in their Application.
4.4 The User/Consumer agrees to make appropriate and lawful use of the Platform in accordance with current legislation, these Terms and Conditions, morality and good customs and public policy.
4.5 The User/Consumer acknowledges that My Guide only makes available a virtual space that allows them to communicate with a Retailer and a Distributor who can agree to provide the Service in accordance with their Request. In this respect, the User/Consumer acknowledges that there is a mandate between him and the Distributor regarding the delivery of the products purchased via the Platform, and that My Guide does not intervene in the completion of the transactions carried out between the Distributor and the User/Consumer, and that it is therefore not responsible for the quality, quantity, condition, integrity or legitimacy of the goods and/or products transported by the Distributor, nor is it responsible for the Distributor’s ability to bind itself or the veracity of its Personal Data.
FIFTH: Payment Conditions
5.1 For the purpose of purchasing the product, My Guide will pay its price to the merchant, on behalf of the User/Consumer. The User/Consumer will refund the Price and pay the Fee to through the Platform or by means of cash delivery upon receipt of the products, at the User/Consumer’s choice. In the same way, the User/Consumer may add the voluntary payment of the iRepartient’s Tip that he/she considers appropriate according to the level of Service provided.
5.2 The Tariff will be established unilaterally by My Guide, in consideration of current supply and demand, which is expressly accepted by the User/Consumer. Furthermore, the Fee will be charged directly by the Deliverer, without any deduction by My Guide.
5.3 The Rate established for new users of the Delivery platform is preferential for the duration of the event. New users will receive a consumer credit of 4000 CLP value to be used in two first orders during the event.
5.4 In addition to the event, a donation campaign will be carried out in parallel. The campaign consists of a form of donation in which for every peso the consumer donates on the page indicated for that purpose with his VISA card, the VISA company will donate the same amount; this amount will be collected in a common fund and kept in a My Guide checking account. This common fund will be divided and distributed in equal parts to all participating restaurants within a total period of 50 days after the closing date of the event. The total value to be donated by VISA will amount to a maximum of $10,000 USD.
5.5 User/Consumer agrees to participate in a Contest that is the object of the Event. The winner of the Contest will receive 500.000CLP and will be announced after 14 days from the closing date of the event. The Contest consists of a public vote through the Company’s platform to select the most popular menu of the event. User/Consumer with the majority of votes will get the prize indicated in the contest rules that will be published on the event’s website.
SIXTH: Cancellations and penalties
6.1. Once the Reservation has been issued, the User/Consumer may cancel it (the “Cancellation”) without any penalty, provided that he makes the Cancellation through the Platform within 5 minutes after the order is created.
6.2. If the Cancellation is not made within the time stipulated in the previous point, the User/Consumer is obliged to pay the full value of the Service. The above obligation shall be independent of any refunds that may subsequently be given to the Merchant.
6.3 The User/Consumer may in no case claim lack of knowledge of the limitations, restrictions and penalties associated with the Service, given that they are informed prior to making the Request, as well as through confirmation of the Reservation.
6.4. When, due to errors of a technological nature, erroneous product prices are displayed on the Platform, which are obviously disproportionate to the price of the product on the market, My Guide may cancel the order(s) placed for products with said prices.
6.5 It is clarified that, where applicable, My Guide will in the first instance make any refunds through Credits, which will be credited directly to the User/Consumer Account. In the event that the latter prefers to return the money paid, they may indicate this to Support, in which case the Credits paid in this respect will be cancelled, and the money for the Service will be returned. The above will be subject to the time taken by the associated bank transaction and to the User’s payment method allowing its restitution.
7.1 It is expressly stated that My Guide shall not be liable for any loss, damage or harm, whether direct or indirect, suffered by the User/Consumer, the Distributor and/or third parties, in connection with the provision of the Services, on the understanding that: the person who orders the Distributor is directly the User/Consumer; and that the Distributor provides the Service at his own risk and frees the User/Consumer from any liability that may arise during the provision of the service. My Guide only makes available a technology platform, as a third party not involved in the mandate between the User/Consumer and the Deliverer, facilitating communication between them.
7.2 My Guide may not be held responsible for any non-compliance by the User/Consumer or for any direct or indirect damage and/or harm caused to the User/Consumer, the Distributor and/or third parties as a result of the Application and/or the provision of the Service, for which purpose the User/Consumer undertakes to hold My Guide and/or its parent company, related persons, partners, directors, managers, employees, administrators, advisors and/or consultants harmless from any claims and/or expenses that may be incurred for such concepts.
EIGHTH: Indemnity and Independence of the Parties
8.1 The User/Consumer understands that the Service is provided directly by the Deliverer and not by My Guide, so that My Guide is released from any liability that may arise from the provision of the Service, including its parent company, its related persons, partners, directors, managers, workers, administrators, advisors and/or consultants.
8.2 In particular, the User/Consumer assumes, as his/her own, the responsibility that may arise from his/her own acts or omissions, exempting My Guide from any liability for any claims, damages, losses, penalties and costs (including, without limitation, legal fees and court costs) and from any expenses arising from or related to the Application, the Reservation and/or the use of the Platform through a fraudulent or negligent act by the User/Consumer.
TENTH: Data Protection
11.1 The Personal Data that the User/Consumer provides in his/her Registration will be integrated into a personal database for which My Guide is responsible, and which will be administered in accordance with the rules established in Law No. 19.628 on the Protection of Privacy.
11.3 At any time the User/Consumer may request the deletion of their Registration and Personal Data in accordance with Law No. 19.628 on the Protection of Privacy, by sending an e-mail to firstname.lastname@example.org. Furthermore, the User/Consumer will have, at all times, the rights enshrined in Law 19.628 on the protection of private life.
12.1 The User/Consumer may not assign their rights or obligations under these Terms and Conditions without the prior written consent of My Guide.
12.2 My Guide may assign, without the prior consent of the User/Consumer, the rights and obligations arising from these Terms and Conditions to any entity within its group of companies, its parent and related persons worldwide, as well as to any person or entity succeeding it in the exercise of its business by any title.
THIRTEEN. Applicable Law and Jurisdiction
13.1 These Terms and Conditions, as well as the relationship between My Guide and the User/Consumer, shall be governed by and interpreted in accordance with the laws in force in the Republic of Chile.
13.2 For all legal purposes, the User/Consumer and My Guide establish their domicile in the commune and city of Santiago de Chile, and extend jurisdiction to their ordinary courts of justice.