TERMS AND CONDITIONS - RedNegocios

TERMS AND CONDITIONS OF USE FOR BUSINESS NETWORK PLATFORM

RED NEGOCIOS

The Terms of Use of RedNegocios govern the use of the system www.rednegocios.cl, its services, features, and any information, text, image, video, or other material stored, published, or appearing on its website.

If you have any questions about these Terms, please get in touch using the contact form, which is available through the Online Help section of RedNegocios: https://www.rednegocios.cl

These Terms constitute a binding contract between the user or information-contributing company and RedNegocios.

The term “user of the system” or “information-contributing company” refers to any provider registered on the platform, regardless of their registration or enrollment method.

The user or information-contributing company may only use the services if they agree to be bound by these conditions. Accessing and navigating the website signifies that you have read and accepted these terms of use, as well as all applicable local, state, national, or international laws, regulations, or rules.

To accept the conditions, you must click where RedNegocios offers this option in the user interface of the relevant service. However, RedNegocios will assume that the user accepts the conditions simply by browsing any section of the site www.rednegocios.cl and contracting the services by paying the associated fees.

You may not use the services or accept the conditions if you are not of legal age to enter into a binding agreement with RedNegocios or if you have been deprived of the use and enjoyment of the services under the legislation of Chile or any other country, including your country of residence or the country from which you use the services.

The language that will govern your relationship with RedNegocios will be Spanish, and any translations provided are for informational purposes only.

In the event of any inconsistency between the Spanish version and any translated version, the Spanish version will prevail.

These Terms may be modified by RedNegocios at its discretion. The most updated version will always be available on the website www.rednegocios.cl/terms-conditions/, and it is understood that by being published, it is acknowledged and accepted by all users or information-contributing companies within the system.

RedNegocios is an online platform accessible through the Internet that provides a service for the Registration, Analysis, Prequalification, Monitoring, and Evaluation of Suppliers. It aims to assist Mandating Companies or information requesters and Contributing Suppliers or Companies in making informed decisions in their procurement processes by offering transparent, validated, and objective information. This enhances efficiency levels and minimizes risks.

Registration is based on the services contracted by Suppliers or Contributing Companies and Mandating Companies or information requesters.

The quantity and quality of information presented by the supplier or contributing company on the RedNegocios platform depend on the contracted service.

Information may be modified or updated without prior notice.

RedNegocios creates a unique electronic profile for Suppliers or Contributing Companies, allowing Mandating Companies or Information Requesters to access standardized information.

The services aim to provide information to Mandating Companies or Information Requesters for decision-making in their business relationships with Suppliers or Contributing Companies. However, Suppliers or Contributing Companies acknowledge that RedNegocios’ services are informative for the decision-making of information-seeking companies, and RedNegocios assumes no responsibility for the decision of Mandating Companies or Information Requesters to contract or do business with Suppliers or Contributing Companies. The services are limited to processing and providing information as an input to Mandating Companies or Information Requesters to make their decisions regarding whether or not to engage in business with a Supplier or Contributing Company.

To register on RedNegocios, Suppliers or Contributing Companies must create an account at www.rednegocios.cl and provide the necessary documentation based on the level of service to be contracted. The legal representative or a person authorized by them must provide a defined amount of company information in the respective Registration Form. Mandatory information will be requested to identify the supplier or contributing company accordingly. Subsequently, payment for registration and contracted complementary services must be made.

Access to the account is protected by a personal access key intended for personal use. Therefore, any loss, theft, misuse, or any other circumstance affecting the access key will be the exclusive responsibility of the Supplier. Additionally, any instruction or statement executed through the personal access key will be deemed valid, legitimate, and authentically originating from an act personally executed by the supplier or contributing company, corresponding to statements or actions with the inherent authority of the General Manager and Legal Representative of the Supplier.

In the event of unauthorized use of the access key by the supplier or contributing company, they must immediately block and/or change the key through www.rednegocios.cl.

The supplier or contributing company may change the personal access key to RedNegocios at any time by following the procedures established at www.rednegocios.cl.

Paid Registration Services for the Supplier:

These are services directly contracted by the supplier or contributing company with RedNegocios to be included in the Registry and enable Principal Companies or information requesters to access their information.

The supplier or contributing company can register on the RedNegocios platform with varying levels of information depth regarding the provided documentation.

This service allows the Supplier or Contributing Company to make their evaluation available to Mandating Companies or information requesters in the Registry. The evaluation is constructed based on information gathered from official sources by RedNegocios. The evaluation is generated through consultation with the following sources:

a) Internal Revenue Service.
b) Legal sources.
c) Commercial Bulletin.
d) Labor Bulletin.
e) Superintendence of Insolvency and Reentrepreneurship.
f) Labor Directorate.
g) Other sources of similar characteristics.

The Supplier or Contributing Company expressly authorizes RedNegocios to generate warnings regarding the information obtained from the aforementioned sources and to notify Principal Companies or information requesters or information processors.

The service includes a storage capacity of 20 MB, to be used for creating products in their Electronic Showcase and allowing a supplier to directly upload files to their unique electronic profile (images, videos, PowerPoint files, Excel files, etc. This does not apply to documents that serve as the basis for the evaluation conducted by RedNegocios when incorporating the Supplier into the Registry).

This service involves the creation of a repository of accredited digital documents from the supplier or contributing company. To achieve this, all provided documentation, covering various subjects such as tax, legal, financial, safety and prevention, commercial, among others, is received, validated, classified, digitized, and stored electronically.

If a mandating or information-requesting company requests the incorporation of additional information into the repository of accredited digital documents from the supplier or contributing company, it will be allowed without any variation in the contracted service. It is the responsibility of the supplier or contributing company to provide such documentation without altering its content.

An accredited document is understood to be one that certifies a certain fact and is validated by RedNegocios.

In the event that the documents do not meet RedNegocios’ requirements, they will be rejected, and the supplier will be notified of the rejection, specifying the reason. In this case, the documents will be automatically deleted from the RedNegocios platform and all records. Consequently, the supplier must upload the documents, correcting the reason for rejection.

The supplier cannot demand or request the resending of digital documents rejected by RedNegocios because, at the time of the rejection notification, the document will no longer be visible in the supplier’s profile.

Based on the information provided by the supplier or contributing company, RedNegocios will prepare a consolidated and comprehensive report reflecting the status of a supplier or contributing company from the perspective of their organizational, technical, legal, economic-financial, labor, commercial, tax, hygiene, safety, environmental, and sustainability capabilities, among others.

The report includes providing a general risk classification and specific risk levels for each aspect evaluated, serving as information for mandating or information-requesting companies to support their decision-making regarding suppliers or contributing companies. The decisions made are solely the responsibility of the mandating or information-requesting companies.

Additionally, the supplier can be evaluated based on the different classification concepts of suppliers or contributing companies within the system.

Services of Registration paid for by Mandating Companies or Information-Requesting Companies or information processors.

These are services that, while contracted by mandating or information-requesting companies, are intended to increase the quantity and quality of suppliers or contributing companies that have registered at their request.

This service involves the preparation of a compliance verification report of labor and social security obligations for suppliers or contributing companies (defined by the mandating or information-requesting party), in accordance with Law 20.123 that regulates compliance with these obligations. The platform of RedNegocios will publish the certificate of compliance with labor and social security obligations, as well as the report detailing compliance and non-compliance with the aforementioned obligations.

This service allows narrowing the risk of establishing business relationships with companies or individuals linked to specific crimes under Law 20.393, regarding criminal liability of legal entities.

The Politically Exposed Persons (PEP) monitoring service is conducted through the consultation of national and international databases containing relevant information.

The information resulting from the investigation of the aforementioned databases is reported to him and the mandating or information-requesting parties.

• Conflict of Interest

It is the service of researching and cross-referencing information about suppliers or contributing companies against the list of officials defined by the mandating or information-requesting party. The depth of the investigation depends on the different levels of information, depending on the type of service contracted by the mandating or information-requesting party. The purpose of the research and cross-referencing of information is to report findings detected in the suppliers or contributing companies that have connections with the officials of the mandating or information-requesting companies.

By accepting this instrument, it is understood that the supplier or contributing company authorizes the investigation and analysis of corporate structures and controllers.

All information that the supplier or contributing company provides to RedNegocios, based on the type of service contracted, will be accessible to the mandating or information-requesting companies of RedNegocios.

• On-Site/Online Verification Service

The supplier or contributing company can contract this additional service to verify information that supports the purchasing decisions of the mandating or information-requesting parties and also validate the experience in categories that the supplier registers in the registry.

It is the exclusive responsibility of the supplier or contributing company:

a) The accuracy of the provided information. Any alteration or falsification of the data, both at the documentary level and through other channels, will be notified to the mandating or information-requesting parties operating on the platform.

b) To use the services in accordance with the purposes established in these Conditions. The supplier must provide updated documentation in a timely manner.

c) Not to engage in any activities that jeopardize the provision of the service by www.rednegocios.cl.

d) Not to provide their www.rednegocios.cl password to third parties.

Likewise, the supplier agrees not to sell or commercialize the information provided by www.rednegocios.cl for any purpose.

RedNegocios assumes no responsibility regarding the accuracy of the provided information, and the use of such information is at the recipient’s own risk. RedNegocios does not guarantee that the identified risks can be resolved, as they will depend on the autonomous management of each supplier or information contributor.

The fees will always be visible on the public RedNegocios site.

Contracts have a duration of 12 months, starting from the date the payment for the respective contracted service is confirmed. They are extendable under the same conditions automatically for successive periods of the same duration, unless the provider or contributing company expressly states otherwise through written notification to RedNegocios with a notice period of 30 days prior to the contract’s termination.

The Services may include advertisements, which may be related to the content or information of the services.

RedNegocios may also make improvements or changes to the platform or services described at any time and without prior notice.

By this agreement, the provider or contributing company acknowledges that all information, data files, written text, music, audio files, or other sounds, photographs, videos, or other material stored on the platform are either owned by them or they have sufficient rights to use and disseminate such content. They acknowledge that it is their sole responsibility to respect the industrial and intellectual property rights associated with them. Regarding the information provided by the provider or contributing company, RedNegocios does not grant any license for copyright, patent, or any other intellectual property rights.

RedNegocios does not filter the content stored by the provider or contributing company. The user accepts and acknowledges that they are solely responsible for the content uploaded to the platform and releases RedNegocios from any responsibility arising from the content that the provider or contributing company uploads to the RedNegocios platform, as well as the consequences of their actions, including any loss or damage caused to RedNegocios.

RedNegocios is expressly authorized by the acceptor of this agreement to display the provided documents and data.

All information provided by the provider or contributing company to RedNegocios for the contracting of services must be accurate, true, complete, and up-to-date.

The provider or contributing company guarantees the authenticity of all information provided to RedNegocios as a result of filling out the necessary forms for registration on www.rednegocios.cl or for the contracting of any services. It is the responsibility of the provider or contributing company to keep all information provided to RedNegocios continuously updated so that it reflects its real situation at all times.

In the case of legally relevant documentation, such as deeds, powers of attorney, validity certificates, or similar documents, it is declared that this is reliable and accurate. By the mere act of uploading it through the company’s private key, it is equivalent to possessing the signature of its legal representative or legal representative and the company’s legal representative.

In the case of financial and tax-related documentation or similar, it is declared that this is reliable and accurate. By the mere act of uploading it through the company’s private key, it is equivalent to possessing the signature of the responsible accountant and the company’s legal representative.

The provider or contributing company is the owner of all content and responsible for the information stored on RedNegocios. They authorize it to be consulted and/or downloaded by the mandating or requesting companies and by RedNegocios through its website.

The provider or contributing company authorizes RedNegocios to use the information held on the RedNegocios platform during the term of its contract, granting it a non-confidential status. It is noted that the provided documentation may be supplemented with information obtained from public sources.

All content included on www.rednegocios.cl, such as text, graphic material, logos, icons, source code, images, audio, digital downloads, page headers, taglines, and data compilations, is the property of RedNegocios and is protected by Chilean and international laws regarding Industrial and Intellectual Property. The aforementioned materials are trademarks, creations, or commercial images owned by RedNegocios. These trademarks, creations, and commercial images cannot be used in connection with any product or service that may cause confusion among customers and in no way that disparages or discredits RedNegocios. Other trademarks not owned by RedNegocios appearing in its services belong to their respective owners.

By providing information, RedNegocios does not grant any license for copyrights, patents, or any other intellectual property rights.

The provider or contributing company is responsible for protecting their account. We recommend using “secure” passwords (passwords that use a combination of uppercase and lowercase letters, numbers, and symbols) for your account. RedNegocios will not be responsible for any loss or damage resulting from non-compliance with the above requirements. The use and management of your passwords are solely your responsibility.

RedNegocios will make all reasonable efforts for the proper functioning of the platform, ensuring support and correct maintenance. The provider or contributing company accepts and acknowledges that the service, by its nature, may experience interruptions or suspensions due to scheduled maintenance, reasons of force majeure, or unforeseen circumstances.

RedNegocios will protect the information provided by the provider or contributing company in relation to the services it provides. However, RedNegocios assumes no responsibility regarding the accuracy of the information provided, and the use of such information is at the sole risk of the provider or contributing company.

RedNegocios undertakes to keep the conditions and terms of this contract confidential, not disclosing its existence and terms to any third party unrelated to it, except with the prior, express, and written consent of the Provider.

The information or material provided to RedNegocios will be considered non-confidential and may be supplemented with information obtained from public sources. The information will be available to all of RedNegocios, except sensitive information and that which access is of a private nature.

RedNegocios is authorized to use, reproduce, display, transmit, and distribute the information provided by the provider or contributing company.

The disclosure of confidential information by RedNegocios to companies authorized by the provider or contributing company to access its information for the purposes of fulfilling the services governed by this agreement, or as required by a competent public authority, or to the extent RedNegocios is obligated to disclose confidential information by applicable legal or regulatory provisions, will not constitute a breach of this contract.

The conditions will remain in effect until RedNegocios, the provider, or the contributing company decides to terminate them, as stipulated below.

To terminate this legal agreement, the registered user must notify RedNegocios in writing at any time via rednegocios@ccs.cl. Upon receiving the notice of termination of the conditions outlined in this document, RedNegocios will proceed to delete the user’s account; however, it will continue to be governed by these terms of use in all applicable aspects to users.

RedNegocios may terminate the legal agreement at any time if:

a) You have violated any of the provisions of the conditions or have acted in a manner that demonstrates you do not intend to comply with such provisions or cannot comply with them;
b) You use RedNegocios services in an unauthorized, fraudulent, deceptive, or illegal manner, leading to civil and criminal liability;
c) You use technology or other means to improperly access RedNegocios;
d) You have falsified, tampered with, or altered in any way the information provided to RedNegocios;
e) You facilitate the use of any automated system, such as “robots,” “spiders,” or “offline readers,” to access RedNegocios;
f) You attempt to introduce spam or viruses, any illegal computer code, files, or programs that damage, disable, improperly overload, interrupt, prevent, limit, or interfere with the operation of any telecommunications equipment or software, hardware, or the system network.
g) You attempt to access RedNegocios servers, computer networks, and user accounts without authorization.
h) You attempt to damage, disable, overload, interrupt, prevent, limit, or interfere with RedNegocios servers or networks inside and outside of Chile.
i) You attempt to modify the code or functionality of RedNegocios.
j) You pose a legal risk or expose RedNegocios legally;
k) RedNegocios is required to do so by law or any court.

The user declares to know and accept that RedNegocios belongs to the Cámara de Comercio de Santiago A.G. (Chamber of Commerce of Santiago) and that both the ownership or control of it could change at any time through any of the forms permitted by the legislation.

Any difference, difficulty, problem, or controversy that may arise between the parties, whether due to the validity, effectiveness, interpretation, nullity, compliance, or non-compliance of this Agreement or its Annexes, shall be resolved, in the first instance, by a negotiating committee formed by two senior executives of the Parties. Within a period of 5 days, they shall seek to reach a solution to the controversy within a maximum period of 15 days, counted from the date on which the negotiating committee has been constituted, which shall occur within the following 3 days after the designation.

If the negotiating committee has not resolved the difference, difficulty, problem, or controversy within the specified period, it shall be referred to a mediator agreed upon by the parties. The mediator shall be a professional of recognized prestige, trained in collaborative conflict resolution mechanisms.

If an agreement is not reached on the mediator’s name, or if the designated mediator has not resolved the difference, difficulty, problem, or controversy within 30 business days from the date of accepting the assignment, it shall be definitively resolved by an arbitrator. The arbitrator shall act as an arbitrator in terms of the procedure and as a judge in terms of the judgment. The arbitration shall take place in the city of Santiago.

The arbitrator shall be appointed by mutual agreement of the parties. In the absence of an agreement regarding the arbitrator’s person, the arbitrator shall be appointed, at the written request of either party, by the courts of justice.

The arbitrator appointed in accordance with the above paragraph shall use the rules established in the Code of Civil Procedure, the Organic Code of Courts, and Law No. 20.886 on Electronic Processing to conduct the procedure. It is expressly mentioned by the parties that, at the time of proposing their fees, the arbitrator’s fees shall have been established following the fee schedule of the CAM Santiago.

The arbitrator’s decision shall be final and binding, and no appeal shall be allowed against its resolutions and judgments, whether they relate to procedural matters, precautionary measures, or the final judgment.