General terms and conditions for access to and usage of our web site and app.
Transparency is one of our core pillars, so when you use our digital services, we want you to understand what data you provide to us, how we use it, and how you can update and/or delete it. We therefore invite you to read this policy carefully; failure to so shall be entirely at your responsibility as a user.
Enel has implemented all legally required data protection levels, to prevent the loss, misuse, modification, unauthorized access, and theft of the personal data entrusted to us. However, users should be aware that online security measures are not invulnerable to potential attacks.
Purpose of the general terms and conditions
The following general terms and conditions (hereinafter referred to as the “General Conditions”) apply to all services (hereinafter referred to as the “Services”) provided by the Enel Group (hereinafter “Enel”) via the Enel Chile website at www.enel.cl, or any Enel Group websites (hereinafter, each referred to as the “Site”) or Services provided via the apps (hereinafter, each referred to as the “App”).
Whenever you use this website you are a user (hereinafter, “User”), and thus express your full and unreserved acceptance of all of the General Conditions published by Enel when you use the site, notwithstanding your acceptance of all applicable specific conditions. Any usage other than as authorized is expressly prohibited, and Enel is empowered to deny or withdraw access and usage of the site at any time and without prior notice for any users who breach these General Conditions or any applicable special conditions.
The site is free to access and use as a User, and does not require prior registration. However, certain information and Services are only available on the site to users who have registered, in accordance with section 2, below.
In order to register as a Client and access certain Services made available by Enel, it is necessary to complete the corresponding form available on the Site or the App. By completing the procedure and clicking on the “Accept” button, the Client declares that they have fully read and expressly accepted these General Conditions. When registering, the Client will have the chance to create their own account (hereinafter, the “Unique Profile”) with the contact information provided by the Client during registration and an access code (hereinafter, the “Password”) which will be required in order to access the Services.
The Site and the App can also be accessed using credentials provided by a social network (known as social sign-in).
The Client can use their Unique Profile to access the Sites and Apps of all applicable Enel companies, and if they have registered with a Site or App of any Enel company, they can use their Unique Profile to access the Sites and Apps of other authorized Enel companies.
The Client can change their Password at any time by following the instructions provided by the system. The Client is solely responsible for maintaining secrecy and confidentiality regarding their Unique Profile and/or Password, and is therefore solely responsible for usage of their Unique Profile and/or Password, regardless of whether such usage was authorized by the Client or not.
Enel reserves the right to unilaterally modify these General Conditions at any time and without prior notice. Such modifications will be published and reported by email or on the Site or App, at least 7 days before they come into force. Notwithstanding the foregoing, the Client may at any time request a copy of the current General Conditions from Enel.
In the event that the Client does not intend to accept the changes to the General Conditions, it may exercise its right to withdraw, as indicated in section 8, below. However, it is to be understood that access and usage of the Services by the Client shall constitute confirmation of their willingness to adhere to these General Conditions, modifications hereto, and any particular condition applicable to the Service.
Enel similarly reserves the right to unilaterally modify the presentation and configuration of the Site and App at any time and without prior notice.
When you access the Site or the App, you are expressly authorized to view all information contained in the same, and to make private copies of the same in your computer systems, so long as such content is for your exclusive usage and is not subsequently passed on to third parties. Therefore:
- You are not authorized to publicly communicate, reproduce, copy, distribute, modify, or assign the information contained in the Site or the App, without the prior authorization of the owner of the corresponding intellectual property rights, or unless such acts are legally permitted.
- You are not authorized to use the information contained in the Site or the App for the purposes of direct sales or any other class of commercial usage, to send unsolicited messages to a number of persons regardless of the purpose thereof, or to sell said information in any way.
- You are not authorized to suppress, evade, or manipulate copyright or any other information pertaining to rights held by Enel or other included entities, or technical protection mechanisms, or any other protection elements.
- You are not authorized to disassemble, decompile, or invert the databases used to store the Site’s or the App’s information.
- You are not authorized to engage in any form of spamming relating to or based on usage of the Site or the App or of the information and services for the purpose of sales or any other commercial activities, sending messages to more than one person, without having submitted a prior request and received corresponding consent, or to send any other unsolicited messages or messages without prior consent to a number of people, and may not send chains of electronic messages or messages without prior consent, or make use of any distribution lists that may be accessible using the Site or the App.
Any breach of the requirements stated in this paragraph shall be considered to constitute infringement of intellectual property held by Enel, giving rise to legally established liability that may be pursued by means of actions pertaining to civil, administrative, or criminal law, as applicable.
5. Content Ownership
Therefore, the User and/or Client expressly recognizes that all intellectual property rights that may be protected under applicable legislation, including but not limited to knowhow, source code, software, hardware, projects, applications, patents, trade secrets, formulas, algorithms, models, databases, and similar, relating to the Services, including promotional correspondence, and in any case made available to the User and/or Client by Enel in conformity with these General Conditions, is and remains the property of Enel.
Furthermore, Enel guarantees that the content items, including those relating to intellectual property, are not unlawful and do not breach applicable regulations. Thus, the content of the Site and the App is not xenophobic, pornographic, discriminatory, racist, or liable in any way to promote violence. Enel shall also take whatever legal measures it deems appropriate to prevent any unlawful or immoral conduct.
6. Waiver of Liabilities and Guarantees
The Client or User recognizes that they use the Services at their own exclusive risk. The Services are provided on an As Is and As Available basis on the Site or App, with no guarantee that the Site or App shall remain operational, virus-free, error-free, or suitable for any particular purpose or result, at any time.
Enel shall thus not accept liability for:
a. Damages and harm of any nature that may result from products or services offered or provided by third parties or bodies over the Site or App, in particular:
i. breach of the law, morality, or good customs, or breach of the peace, or the usage products or services that are offered incorrectly or erroneously or with purposes or effects that are unlawful or contrary to the provisions of these General Conditions, or any other applicable specific conditions.
ii. breach of intellectual property rights.
iii. breach of professional secrecy.
iv. breach of rights of honor, personal and family intimacy, and protection of children and young people.
v. acts of dishonest competition.
vi. unlawful publicity or actions that constitute breach of laws or pornography.
vii. unlawful, untrue, inexact, unreliable, irrelevant, out-of-date, or incomplete content items and information communicated or made available to users, including information and services provided by third parties or by users over the Site or the App.
viii. breach or defective compliance or termination, for any reason, of contracts with third parties based on the provision of services over the Site or the App.
ix. incapacity of any Client or User, or identity theft or impersonation perpetrated by a Client or User.
b. Any damages or harm of any nature that may arise as a result of awareness on the part of unauthorized third parties regarding the class, conditions, characteristics, and circumstances of the usage that the users make of the Site or App, and the services that they offer.
c. Any damages or harm of any nature that may arise as a result of any errors in access to or usage of the Site and/or App, including access to or usage of the Services or the content, although it shall make efforts to prevent such problems, issue updates, or rectify such content. Thus, no liability is accepted for lack of availability or downtime in the functioning of the Site or App and the Services, or faults accessing any pages of the Site and App, or areas used for the provision of the Services.
d. Any damages or harm of any nature that may arise as a result of information contained on the Site or App, or linked from the Site or App. The links that appear on the site are solely for information purposes, and Enel does not accept any responsibility whatsoever for any results that may affect you as a result of accessing such links. Enel shall therefore not be held liable for:
i. the availability, accessibility, functioning, or continuity of linked sites.
ii. the quality, legality, reliability, usefulness, veracity, current applicability, completeness, and/or authenticity of the content that exists on linked sites.
iii. the maintenance, provision, or transmission of content items hosted on linked sites.
e. Any damages or harm of any nature that may arise as a result of the existence of a virus in the computer system, electronic documents, or files of Users or Clients. Similarly, the presence of a virus in Services provided by third parties over the Site or App, affecting the computer system, electronic documents, or files of Users or Clients.
f. Under no circumstances, including negligence, shall liability be accepted for loss of business, data loss, indirect damages, secondary damages, special damages, or consequential damages resulting from access to or usage of the Services on the Site or App, or in any other way pertaining to the same.
g. Any damages or harm of any nature that may arise as a result of awareness on the part of unauthorized third parties regarding the class, conditions, characteristics, and circumstances of the usage that the Users or Clients make of the Site or App, and the information and services, or breach by Users or Clients of their obligations relating to personal data.
h. Direct or indirect damages, claims, or losses arising from the failure and/or malfunctioning of electronic equipment of the Client or User or third parties, including internet service providers, telephone connections, and/or electronic communication connections not directly managed by Enel or by parties that are to be held responsible for the same.
i. Damages resulting from failure to provide the Services due to faults or malfunctions in electronic communications systems caused by events beyond the scope of foreseeable control, including but not limited to fires, natural disasters, lack of power, lack of availability in network connection or telephone lines, malfunctioning of computers and other electronic devices, including items that do not form part of the internet, malfunctioning of software installed by the Client or User, as well as actions of other users or other persons with access to the network.
With regard to the limitation of liability, Enel rejects any and all express, implicit, or mandatory guarantees relating to the Site and App services, including but not limited to guarantees relating to marketing and suitability for specific purposes, and obligatory guarantees for protection in the event of non-compliance.
The Client or User agrees to use the Services exclusively for purposes that are legal and permitted under applicable law, usage, and custom, and under the rules of diligence and care, in any case without affecting the rights of any third party, and paying particular attention to data protection regulations, intellectual property protection laws, and telecommunications legislation.
The Client or User accepts full and exclusive responsibility for the content of messages and texts sent by them or on their behalf by third parties using the Site or App, accepting sole responsibility and releasing Enel, its related parties, and parties that it controls, their representatives, partners, and employees, of any requirement to provide indemnification for damages or legal recourse, and reimbursing Enel for any cost arising from claims or actions of third parties against it for damages caused by the Client or User, or by parties that they have authorized to access the Services.
The Client recognizes that any cancellation that they request regarding personal data communicated during registration may render it impossible for Enel to guarantee continuation of the Services.
7. Usage of cookies
8. Duration, suspension, and termination
The duration of access to and usage of the Site and App is indefinite and free of cost. However, Enel may at any time suspend or permanently shut down the provision of the Services over the Site or App, without advance notice. When reasonably possible, Enel will provide notice in advance of the termination or suspension of access and/or usage of the Site and of the App.
In particular, Enel may interrupt the Services in the following situations: a) if the Client does not provide correct, complete, and/or up to date personal information; b) if the Client uses the Services for illegal purposes or for the transmission or sharing of material that is illegal, racist, defamatory, prejudicial to the privacy of others, abusive, threatening, vulgar, or obscene, or that causes harassment, disturbance, or harm in any form, an particularly to minors (violence, pedophilia, exploitation, etc.), or that is in any other way reprehensible, or that violates, or could violate, intellectual property rights or other rights held by third parties; c) if the Client uses the Services to transmit or share viruses or chain messages, or for mass distribution of unsolicited messages; d) if the Client breaches these General Conditions or the specific terms and conditions applicable to a Service; e) if the Client fails to authenticate the Site or App with their credentials for a period of 24 months. In such cases, Enel reserves the right to automatically cancel the Client’s registration.
Meanwhile, the Client is recognized to be entitled to withdraw from these General Conditions at any time, with no penalty, by canceling their usage of the Site and/or App using the function specifically provided in their Unique Profile.
9. Indemnification and liability
The Client or User accepts sole responsibility for their activities conducted on the Site or App in the context of the Services and expressly agrees to indemnify Enel and other companies in its corporate group, employees, administrators, agents, information or service providers, and licensors for any harm or damages (including legal fees and costs) arising from breach by the Client or User of these General Conditions or applicable specific conditions, as applicable, and to collaborate with Enel in the defense of its interests in the event of any complaint against it, or if any legal or administrative proceedings are started or provoked by such actions.
The Client or User further agrees to make their best effort to prevent or, if applicable, to mitigate harmful or damaging effects that may affect Enel as a result of the same. With regard to the foregoing, the Client agrees to inform Enel immediately in the event of any unauthorized use of their Unique Profile and/or Password, or any other security breach of which they become aware, and in any case agrees to indemnify and waive liability affecting Enel for any and all direct and/or indirect damages that may arise as a result of the unlawful use of the Services available on the Site or App, by any person.
10. Applicable legislation and jurisdiction
These General Conditions shall be governed under Chilean legislation. Enel and the Client or User hereby expressly waive any applicable right to be heard in any other jurisdiction, and agree to be bound by the Courts of the District and City of Santiago, for any dispute that may arise in the provision of the Services under these General Conditions. In the event that the Client or User is domiciled outside of Chile, Enel and the Client or User hereby expressly waive any right to be heard in any other jurisdiction, and agree to be bound by the Courts of the District and City of Santiago, Chile.