Welcome to ZYGHT, a web and online service operated by SOLUCIONES EN MINERÍA Y ENERGÍA SpA (“Operator”) through the portal https://www.zyght.com/ (“Website”). This document explains the terms by which you can use the ZYGHT service (“Service”, “Software” or “Zyght”). PLEASE READ THIS DOCUMENT BEFORE ACCESSING THE WEBSITE, OR BEFORE USING ANY OPERATOR SOFTWARE OR SERVICE. IF YOU (“User”) DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE (“Conditions”), PLEASE DO NOT USE THIS WEBSITE.

1. Acceptance
The Operator makes the Service available to the User of this Website, in accordance with the Conditions set out below. The access, use and registration and/or downloading of information contained in the Website implies fully and unreserved acceptance of these Conditions by the User. The Operator reserves the right to modify these Conditions at its discretion, at any time. These modifications will become effective as of their publication on the Website. Within 24 (twenty-four) hours after the publication of the modifications, the User must communicate by e-mail if he does not agree with the amended Terms and Conditions. In this case, the contractual relationship will cease to exist. In case of not manifesting within the stipulated period, it will be understood that the User tacitly accepts these changes.

2. ZYGHT website 
The Website offers a virtual space for users to report occupational incidents, actions and sub-standard conditions and safety, health and environmental tasks with others in their work networks in real time. In the event that the Website makes available to the User connections and links to other websites managed and controlled by other companies, through which the user can access the information, content and services available therein, the use of said websites and information, content and services included will be governed by the terms and conditions of use applicable in each case, which the user may consult and, where appropriate, accept before accessing the aforementioned websites, without any responsibility for the Operator.Use of the Website

3. Use of the Website
The Operator grants the User permission to use the Service in accordance with the provisions of this instrument, provided that: (i) the User cannot copy, distribute or disclose any part of the Service by any means; (ii) the User may not alter or modify any part of the Service, unless it is reasonably necessary to use the Service for the purposes intended; and, (iii) the User fully complies with the terms and conditions established in this instrument.

 

It is forbidden to use or launch automated systems, including without limitation, “robots”, “spiders”, and/or “offline readers”, that access the Service in a manner that sends more request messages to the Operator's servers than those that a human being can reasonably produce in the same period of time through a conventional web browser. The User undertakes not to collect or store any personally identifiable information, including Service account names or to use the communication systems provided by the Service for any commercial purpose. The User undertakes not to use any part of the Service as a linked destination from mass emails or unsolicited commercial messages.

4. Registration
The User will have to complete a registration form (“Registration”) on the Website to obtain an account (“Account”). Your Account gives you access to the services and features that we can establish and maintain at any time and at our sole discretion. It is strictly forbidden to use the Account of another User. When you obtain your Account, you must provide accurate, complete and truthful information. The User is solely responsible for the activity of the Account, and must protect the Account password from unauthorized third parties to make use of it. The User must notify the Operator immediately of any security breach or unauthorized use of his Account. The User will be responsible for the losses of the Operator or others due to such unauthorized use. The Operator will not be responsible for the damages caused to the User or others due to the unauthorized use of his Account. Likewise, the User undertakes to update the data provided. The Operator is NOT responsible for the accuracy of the data provided by the buyers and/or Users of the Website. The Users are responsible, in all cases, for the veracity, accuracy, validity and authenticity of the data. The Operator reserves 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 temporarily or permanently suspend the User when data not possible to be confirmed is provided. The Account is personal, unique and non-transferable, and it is forbidden for the same User to register or own more than one Account. In the event that the Operator detects different Accounts containing matching or related data, it may cancel, suspend or deactivate such Accounts. The Operator reserves the right to refuse at its discretion any request for Registration or to cancel a previously accepted Registration, in case of non-compliance with any provision of these Terms and Conditions of Use.

The use made by the User of the Website, including any information that the User may collect, shall be understood for all legal purposes made by him. The User accepts and, of course, gives his consent, so that said information can be provided by the Operator for use in any ordinary or special court, both in Chile and abroad.

5. Legal Capacity
The Registration and use of the Website implies that the User is a natural or legal person with legal capacity to contract.

6. Disclaimer of Warranty
To the extent that Chilean laws permit so, the Operator excludes any condition, guarantee, manifestation or any other provision related to the provision, lack of provision or delay in the provision of any Service related to the Website that may be in force between the User and the Operator or that may in any way be derived from or included in these Conditions or in any attached contract between the User and the Operator. In the same way and in the same Conditions indicated above, the Operator does not guarantee or be responsible for the accuracy, integrity or updating of the Website. The User understands and accepts that he makes use of the Website at his own risk and that the Operator does not guarantee that the Website is suitable for the specific purposes that the User intends to or offers without interruptions, free of errors and in a secure manner. The content and the Service provided by the Operator through or in connection with the Website are provided on an “AS IS” and “AS AVAILABLE” basis, and the Operator does not offer any type of guarantee, express or implicit, with respect to the Website or regarding the content or the Service that is included or offered in it. The Operator reserves the right, in its sole discretion, to modify or remove any content or Service offered as part of this Website.

7. Liability
The Operator, any other party (whether or not involved in the creation, production, maintenance or provision of the Website), any of the companies related or associated to it or its executives, directors, employees, shareholders or agents of any of the above, shall not have any responsibility, contractual or extra-contractual, regarding any type of losses or damages that may be incurred by the User or any third party, either direct or indirect, both extra-patrimonial and patrimonial, especially for emerging damage and/or lost profit (including, but not limited to, any loss of income, benefits, goodwill, data, and contracts or financial loss, as well as losses or damages resulting from or related to the interruption of the business) whose causes are not attributable to the Operator. The foregoing includes, without limitation,: (i) losses or damages caused by viruses that could infect the computer equipment, software, data or any other property owned by the User as a result of accessing, using or exploring this Website or the download of any material contained on this Website or on any website linked to this Website; (ii) the improper use by the Users or visitors of the material, industrial property rights and intellectual property rights; (iii) damages that may be caused to the Users due to the operation of the search tools and the errors generated by the technical elements of the Site or search engine; (iv) contents of the web pages that the buyers or Users may access with or without authorization from the Operator; (v) the access of minors or persons without legal capacity, under the terms of the corresponding legislation, to the contents adhering to the contractual relationship arising from the Website.

Likewise, the parties acknowledge and record that the digital platform provided by the Operator is not infallible, and therefore, during the provision of the Service, circumstances beyond the control of the Operator may be verified, implying that the Website or the digital platform are nonoperational during a certain period of time. In such cases, the Operator will attempt to restore its Web Site and the computer system as quickly as possible, without incurring any type of responsibility for it.

The Operator does not guarantee the availability and continuity of the operation of the Website and/or Service and that, at any given time, Users can access the information provided by the Website.

Additionally, the Operator will not be liable for any damage caused to the Website due to the improper use and in bad faith of the Users and/or buyers. However, the foregoing does not affect, in any way, any responsibility that, by mandatory legal prohibition, cannot be excluded or limited. In any case, the liability of the Operator, contractual, extra-contractual or legal, with the Users of the Website will not exceed the price actually paid by the User in consideration for the Service.

8. Privacy Policy
If you decide to register in any section of the Website, the User agrees to accurately provide the information requested when registering as User.