Terms of use

                                                                                            

 

 

 

 

1. ACCEPTANCE

In this document (hereinafter referred to as the "Contract"), the terms and conditions of XPA Travel & Exchange are established, which will apply to the access and use of this website (the "Website") by the User. Please read this Contract carefully.

By accessing, browsing, or using the Website, Users ("you", "User", or "user") agree to comply with the terms and conditions set forth in this Contract. If you do not agree to be bound by these terms and conditions, you may not access or use the Website.

XPA Travel & Exchange and its respective affiliated companies (together, "XPA") reserve the right to update this Contract whenever they deem it necessary. Consequently, we recommend that Users periodically review the modifications made to the Contract.

2. USER REQUIREMENTS

The Website and related services are offered to Users who have the legal capacity to enter into legally binding contracts under applicable law. Minors are not authorized to use the Website. If you are a minor, please use this website with the consent of your parents or legal guardians.

3. LICENSE

XPA hereby grants the User a limited, non-exclusive, non-transferable, non-assignable, and revocable license to temporarily access and download a copy of the content provided on the Website, solely for the User's personal use or for use within their company, and never for commercial purposes.

All material displayed or provided on the Website, including, among other examples, graphics, documents, texts, images, sound, video, audio, illustrations, software, and HTML code (together, the "Content"), is the exclusive property of XPA or the companies that provide such material for the company's use.

The Content is protected by the copyright laws of the countries where XPA operates and internationally, as well as by other laws, regulations, and rules applicable to intellectual property rights. Unless expressly provided otherwise in this Contract and/or unless expressly permitted by laws that derogate from the currently applicable laws, the User may not:

i. Use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, resell, adapt, reverse engineer, or create derivative products from the Content. Nor may the User

ii. use the Content on other websites or in any medium of communication, such as in a network environment, without the prior written authorization of XPA.

All trademarks, service marks, and logos (hereinafter referred to as the "Marks") displayed on the Website are the exclusive property of XPA and their respective owners. The User may not use the Marks in any way without the prior written authorization of XPA and the respective owners.

4. USER-PROVIDED INFORMATION

By providing or entering information on the Website ("User Information"), the User grants XPA a permanent, non-exclusive, irrevocable, royalty-free license, for the maximum period permitted by applicable law, but without imposing an obligation to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, sell, resell, adapt, or create derivative products, in whole or in part, from the User Information, in any way or manner. XPA does not verify or control User Information. Therefore, XPA makes no warranties as to the reliability, accuracy, completeness, validity, or truthfulness of information submitted by users.

XPA reserves the right, at its sole discretion, to delete, remove, refuse to display, or block all User Information that XPA deems unacceptable. In the event that XPA receives notification of the unacceptability of certain information provided by users, XPA may, at its sole discretion, investigate such information.

The User assumes and agrees that XPA may retain a copy of the User Information and disclose such information to third parties if it deems it necessary to:

i. Protect the integrity of the Website;

ii. Protect the rights of XPA;

iii. Comply with a court order;

iv. Comply with any legal process;

v. Enforce the rights and remedies available to XPA under this Contract;

vi. Fulfill any request related to the infringement of third-party rights.

5. GENERAL PROHIBITIONS

By accessing and using the Website, the User agrees NOT to:

a. Violate all applicable laws, regulations, and rules at the local, state, provincial, national, and other applicable levels, as appropriate;

b. Infringe the intellectual property and privacy rights, among others, patent (copyright) rights, database rights, trademarks, or know-how of third parties;

c. Download, send, transmit, or store material that is:

  • Illegal, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, hostile, obscene, or objectionable;

  • In violation of the User's contractual or confidentiality obligations;

  • Harmful or disruptive to the normal operation of the Website, such as sending or transmitting viruses, worms, or trojans, the continued sending of repeated material, or the sending of unusually large files;

  • Not permitted by XPA, such as unauthorized advertising material, unsolicited promotional material, "spam," "chain letters," pyramid direct selling messages, franchises, distribution material, club association material, sales contracts, or any other unacceptable material;

d. Violate the personal rights and privacy of third parties by abusing the Content, such as continually harassing or annoying such individuals by sending unsolicited emails, or collecting personal information;

e. Contravene, or attempt to contravene, the security measures of the Website;

f. Use any device, procedure, or mechanism, such as spiders and tracking robots, to locate, retrieve, search, or access the Website or the Content, without the prior written consent of XPA;

g. Access or attempt to access the account or login of third parties or companies listed on the Website;

h. Copy, modify, reproduce, delete, distribute, download, store, transmit, sell, resell, publish, reverse engineer, or create derivative products, in whole or in part, from the Content, except as it relates to material submitted by the User and owned by the User, or as expressly authorized by applicable intellectual property laws;

i. Send or facilitate incorrect, false, or incomplete User Information;

j. Impersonate another person or company;

k. Use the Website for unauthorized or unlawful activity;

l. Forge email header information;

m. Falsify information about oneself, one's association with third parties, or one's company.

6. USE OF THE WEBSITE AND SPECIFIC OBLIGATIONS

In addition to the general obligations set forth in Article 5, the User must:

a. Use the Website only for legally permitted purposes;

b. Provide personal data in a complete, correct, up-to-date, and truthful manner;

c. Send only material for which the User has the corresponding rights or licenses to do so;

d. Use their own judgment, caution, and common sense when managing travel or exchange opportunities and information obtained through the Website;

e. Assume the risk of relying on the content or using the information provided by third parties.

7. EMPLOYMENT

The User acknowledges and agrees that XPA:

a. Does not guarantee that the User will actually receive a job offer for its exchange programs through the Website, and the conditions of job offers published are presented under ideal conditions according to the need and projection at the time of the employer's request and may be subject to change;

b. Is not responsible for job offers, the verification of such offers, hiring decisions made by third parties or companies, or the jobs offered by third parties or companies;

c. Does not guarantee the accuracy, completeness, validity, or currency of information included on the Website by third parties, companies, or XPA, having a margin of 24 months to update such information from the date of expiration;

d. Although XPA reviews third-party material and only allows the inclusion of material that, to the best of its knowledge and belief, does not infringe applicable law, it assumes no responsibility for material submitted by third parties, such as photos of participants that have been submitted without the consent of third parties in the photo, information about job creation in a company, or information included in job listings;

e. Is not an employer of the User, nor is there any agency agreement. The User must use good judgment, caution, and common sense when evaluating companies that may hire them and the information provided by third parties.

8. LINKS TO THIRD-PARTY WEBSITES

The Website may have links, such as hyperlinks or links, indicating access to third-party websites (the "Related Sites"). Although XPA reviews third-party material and only allows the inclusion of Related Sites that, to the best of its knowledge and belief, do not infringe applicable law, XPA cannot control or monitor Related Sites and, therefore, assumes no responsibility for the accuracy, security, or reliability of the material, information, or content included on such Related Sites.

The inclusion of Related Sites on the Website does not imply any relationship or association between XPA and the owner of the Related Sites, nor does it imply approval or promotion by XPA of such Related Sites. XPA includes Related Sites solely for the convenience of the User. The User is solely responsible for accessing Related Sites.

The User must use their own good judgment, caution, and common sense when using Related Sites, and for this, we recommend reviewing the terms of use and privacy terms that apply to such Related Sites. XPA reserves the right to remove from its Website all Related Sites of which it has actual knowledge that they are infringing the rights of third parties and/or whose content violates applicable law, or if required by a court order or administrative ordinance.

Links to our website are not allowed without the express, prior, and written authorization of XPA. The User may not, alone or in collaboration with others, expand, modify, replace, amend, or limit, in whole or in part, the information provided on our website or the functional applications thereof. In addition, the User may not, alone or in collaboration with others, create or install links from their own website or from third-party websites to this website (whether through hyperlinks, deep linking, framing, by codes, or in any other way), in whole or in part, without the prior written consent of XPA.

9. PRIVACY

XPA will process all personal information that the User enters or provides through our Website in accordance with the Privacy Policy of the Website and the terms and conditions related to it in this Contract.

10. COOKIES

XPA may use cookies to track User usage, as well as registration requests, information submissions, and requests for information from the User. In the "Help" section of the toolbar of most browsers, the User is informed how to prevent their browser from accepting new cookies, how to make their browser alert them to the receipt of new cookies, or how to disable all cookies. However, if the User disables cookies, some of the applications on our Website may also be disabled, and the use of web pages may be limited.

11. INDEMNIFICATION

The User agrees to indemnify, defend in litigation, and hold XPA, the parent company, and its subsidiary and affiliated companies, as well as their directors, officers, agents, salespeople, and employees, harmless from third-party claims (the indemnification includes, among others, the fees of the lawyers involved and court costs) filed based on, or arising from, the User's access to the Website and their use thereof, the information provided by the User, or the User's breach of the terms and conditions of this contract.

12. DISCLAIMER

THE USER ACKNOWLEDGES AND AGREES THAT:

A. THE USER ASSUMES ALL RISKS RELATING TO, OR ARISING FROM, THE USE, CONSULTATION, OR ACCESS TO THE WEBSITE. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY WHATSOEVER;

B. TO THE EXTENT PERMITTED BY LAW, XPA EXPRESSLY AND HEREBY DISCLAIMS ALL WARRANTIES AND LIABILITIES, WHETHER EXPRESS OR IMPLIED, LEGAL OR OTHERWISE, INCLUDING, AMONG OTHERS: IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING IN THE COURSE OF DEALING OR USAGE OF TRADE;

C. ALTHOUGH XPA HAS ANTIVIRUS SYSTEMS AND ADOPTS SECURITY MEASURES TO PROTECT THE WEBSITE AND ITS CONTENT FROM ALL TYPES OF CYBERATTACKS IN ORDER TO REDUCE THE LEVEL OF RISK, XPA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING:

I. THE WEBSITE AND ITS CONTENT BEING FREE FROM ERRORS OR VIRUSES OR NEVER EXPERIENCING ATTACKS FROM THIRD PARTIES;

II. UNINTERRUPTED AND ALWAYS SECURE OPERATION OF THE WEBSITE;

III. PERPETUAL AVAILABILITY OF THE WEBSITE;

IV. WHETHER THE WEBSITE WILL MEET THE USER'S NEEDS;

V. THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF THE INFORMATION PROVIDED BY THE USER.

13. LIABILITY AND LIMITATION OF LIABILITY

THE USER AGREES TO ASSUME ALL RISKS ASSOCIATED WITH, OR ARISING FROM, THE USE OF THE WEBSITE OR THE INFORMATION PROVIDED BY THE USER, INCLUDING, AMONG OTHERS, THE RISKS OF ECONOMIC LOSSES, PROPERTY DAMAGES, AND TRANSACTION EXPENSES WITH OTHER USERS OF THE WEBSITE (WHETHER UNKNOWN, MINORS, FOREIGNERS, OR PERSONS ACTING UNDER FALSE IDENTITY). THE USER ALSO AGREES TO HOLD XPA, THE PARENT COMPANY, SUBSIDIARY COMPANIES, AND AFFILIATED COMPANIES OF THESE, AS WELL AS THEIR DIRECTORS, OFFICERS, AGENTS, SALESPEOPLE, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, OR DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND, KNOWN OR UNKNOWN, THAT MAY BE FILED BASED ON, OR ARISING FROM, THE USE OF THE WEBSITE, THE INFORMATION PROVIDED BY THE USER, OR TRANSACTIONS RESULTING FROM THE USER'S USE OF THE WEBSITE.

ALWAYS WITHIN LEGAL LIMITS, THE USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL XPA, ITS PARENT COMPANY, SUBSIDIARY COMPANIES, AFFILIATED COMPANIES OF THESE, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, AMONG OTHERS, PROPERTY DAMAGES AND PURE ECONOMIC LOSSES), NOR FOR LOST PROFITS, LOSS OF CUSTOMER BASE, LOSS OF REVENUE, OR LOSS OF DATA, OR INTERRUPTION OF USE, WHATEVER THE CAUSE MAY BE - BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR BREACH OF WARRANTY - EVEN IF XPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN THE EVENT THAT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF LIABILITY FOR CERTAIN DAMAGES IS PROHIBITED IN SOME JURISDICTIONS, XPA'S AGGREGATE LIABILITY FOR DAMAGES SHALL NOT EXCEED USD$10.00 (TEN UNITED STATES DOLLARS), IF PERMITTED BY APPLICABLE LAW.

IN ANY CASE, THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CONSUMERS OR WITH REGARD TO DAMAGES CAUSED INTENTIONALLY OR THROUGH GROSS NEGLIGENCE.

14. TERMINATION

XPA may, at its sole discretion, terminate the services offered on its Website and remove any Content from it. XPA may also, at any time, for any reason, with or without cause, and without having to provide advance notice of its decision, suspend the User's access to any or all of the services offered on the Website. If the User decides to cancel their account, they must stop accessing and using the Website. XPA shall have no obligation to maintain or return the information provided by the User, their account, virtual account number, or password. The User should always have a copy of the information provided by them.

15. GENERAL

The User declares that there is no employment, partnership, agency, or joint venture relationship between them and XPA, arising from the access and use of the Website.

This Agreement incorporates all agreements that the User and XPA have reached in relation to access and use of the Website, and is in addition to any binding agreement that may exist between the User and XPA. This Agreement shall be governed and interpreted in accordance with Chilean law, and the User submits to the exclusive jurisdiction of the courts of Santiago, Chile for these purposes.

If the User accesses, consults, submits information, or downloads material from the Website from outside the countries of XPA's operation, the User shall be solely responsible for their actions and assume all risks. The User may not use or export the Content of the Website or make any copy or adaptation that violates applicable laws, regulations, or rules, including U.S. export laws and regulations.

The fact that one of the parties does not exercise or delays in exercising the rights and actions available to them under this Agreement at any given time shall not be construed as a waiver of those rights and actions.

The invalidity or unenforceability of any of the terms and conditions herein, in whole or in part, or of the rights arising from this Agreement, shall not affect the validity or enforceability of the other rights, terms, and conditions, or the rest of the provision in question, which shall remain in full force and effect, excluding only the defective clause (or the part that is invalidated in that clause). Articles 4, 6, 9, 11, 12, 13, and 14 of this Agreement shall survive its termination for any reason.

For more information about the Website or this Agreement, please contact ceo@xpaexchange.com

 

All rights reserved.

Updated as of September 22, 2022.