LEGAL TERMS AND GENERAL CONDITIONS OF USE OF THE WEBSITE https://iceboxchallenge.lat

FIRST: GENERAL INFORMATION

This document, drafted on October 26, 2021, regulates the general terms and conditions applicable to the access and use that the User will make of the Website: https://iceboxchallenge.lat (hereinafter referred to as “ICEBOXCHALLENGE,” “https://iceboxchallenge.lat,” or “the Website” interchangeably), as well as any type of information, content, image, video, audio, or other material communicated or present on the Website.

For the purposes of this document, “Website” shall mean the external appearance of the screen interfaces, both in a static and dynamic form, i.e., the navigation tree; and all elements integrated into both the screen interfaces and the navigation tree (hereinafter referred to as “Content”) and all services or online resources that may be offered to users (hereinafter referred to as “Services”).

The Latin American Passivhaus Institute (hereinafter referred to as “ILAPH”) reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that ILAPH may, at any time, interrupt, deactivate, and/or cancel any of these elements integrated into the Website or access to them.

The access and use of the website and the related or annexed content described in this document shall be fully governed by the laws of the Republic of Chile. Therefore, the visits that the User makes to the platform representing the Website, as well as the legal effects that these may have, are subject to the laws and jurisdiction of the courts of justice of the Republic of Chile. In particular, the application of Law No. 19.628 on Personal Data Protection and Law No. 19.496 on Consumer Rights is of significant importance.

Additionally, this Website and its content are intended for all types of users, regardless of nationality and place of residence, although Chilean legislation takes precedence for specific cases.

Besides these General Terms and Conditions, the Website has a Privacy Policy that describes how the User’s information and personal data are processed when visiting the Website, as well as how cookies are used and stored.

For more information, please visit the Privacy Policy available on the Website at the following link: https://iceboxchallenge.lat/politicas-privacidad.

By accessing the Website, the User declares that they are aware of the Privacy Policy.

Users are advised to carefully read the contents of these General Terms and Conditions of Use and print and keep a copy on a local storage disk or portable storage device for their convenience and security.

SECOND: WEBSITE INFORMATION

The ownership of ICEBOXCHALLENGE belongs to ILAPH Latin American Passivhaus Institute INC.

Additionally, for any communication, inquiry, complaint, or claim related to the use or operation of the Website, ICEBOXCHALLENGE will receive all communications via email at [email protected], which is available exclusively for Customer Service functions.

THIRD: USER

Access to, navigation on, and use of this Website, as well as any space enabled for interactions between Users or between the User and the Website (comment sections, blogging and microblogging spaces, and extensions intended for this function), will confer the status of “User” to individuals. Therefore, the acceptance of the Terms and Conditions contained in this document is understood from the moment of accessing the Website or its content, as well as any future modifications made to these Terms and Conditions, without prejudice to any future legislation issued in the Republic of Chile that may regulate this type of document or be applicable to the use of Websites.

Additionally, access to the Website by the User is free of charge, and no payment is required to access the site or its content, except for the cost of an internet connection, if applicable.

User Responsibilities

ICEBOXCHALLENGE provides the User with a service characterized by the diversity of available content. The User assumes responsibility when accessing the Website and must use it and its content correctly. This responsibility extends, without limitation, to:

a) Using the information, Content, and/or Services and data provided by ICEBOXCHALLENGE in compliance with these Terms and Conditions, Chilean legal regulations, and public morals and order, and without violating third-party rights or affecting the normal operation of the Website.

ILAPH reserves the right to remove any comments or interactions from Users that violate the law, human dignity, or are discriminatory based on race, nationality, gender, sexual orientation, lineage, or condition, as well as those containing pornographic content, spam, or that harm minors, public order, or security, or that ILAPH deems inappropriate for the Website.

However, ILAPH is not responsible for any opinions expressed by Users through comments, blogging, or microblogging tools.

The mere access to https://iceboxchallenge.lat does not imply any commercial relationship between ILAPH and the User.

Legal Capacity

The User declares that they are of legal age and therefore have the legal capacity to be bound by these Terms and Conditions. Consequently, ICEBOXCHALLENGE is not intended for minors, and ILAPH disclaims any liability for failure to comply with this requirement.

Nonetheless, legal capacity rules established by applicable law will govern in all cases where their application is relevant. If a person lacks the legal capacity to contract, they must refrain from using the Content and Services requiring such capacity. ICEBOXCHALLENGE may, at any time, temporarily or permanently suspend users found to lack the legal capacity to use the Services and Content requiring it or who provide false, inaccurate, or fraudulent information to the Website.

The Website https://iceboxchallenge.lat is primarily directed at Users residing in the Republic of Chile. ILAPH does not guarantee that the Website fully complies with the laws of other countries. If a User resides or is domiciled abroad and decides to access and/or navigate the Website, they do so at their own risk, ensuring that such access and navigation comply with the applicable local legislation. ILAPH assumes no responsibility for any consequences arising from such access.

FOURTH: USER RIGHTS AND GUARANTEES

The User shall enjoy all the rights recognized by Chilean consumer protection laws, in addition to the rights granted under these Terms and Conditions. Additionally, the User will always have the rights to information, rectification, and deletion of personal data, in accordance with Law No. 19.628 on personal data protection.

FIFTH: LIABILITY

ILAPH shall not be liable, under any circumstances, for the following:

a) Misuse of the content stored on the Website by Users or visitors, as well as misuse of industrial or intellectual property rights contained therein.

b) Damages, actual or potential, suffered by Users due to the operation of the Website’s search tools or errors generated by technical elements of the Website or its search engine.

c) Content on websites that Users may access, with or without ILAPH’s authorization.

d) Access by individuals who do not meet the age requirement for Website use, as per these Terms and Conditions and applicable law.

e) Loss, misuse, or unauthorized use of passwords or validation codes, whether by the User or a third party, as stated in these Terms and Conditions. Furthermore, both parties acknowledge that the computing infrastructure provided by https://iceboxchallenge.lat is not infallible, and unforeseen circumstances beyond ILAPH’s control may cause temporary unavailability of the Website or its platform.

f) Information about ICEBOXCHALLENGE found on third-party websites.

In the event of any of the above situations, ILAPH will take all necessary measures to restore the proper functioning of the Website and its communication system as soon as possible, without being held responsible for such incidents.

ILAPH does not guarantee the availability or continued operation of the Website, nor that Users will have uninterrupted access at all times.

ILAPH is also not responsible for viruses or harmful elements that may be stored on Users’ computer systems due to document or file downloads from the Website.