LEGAL TERMS AND GENERAL USE CONDITIONS OF THE WEBSITE www.generalma.com

FIRST

Generalities

This document, elaborated on May 1st, 2019, regulates the terms and conditions that are applicable to the access and use that users will do on the website www.generalma.com, and any type of information, content, images, videos, audios or any other kind of material published or present on the site.

For any effects that the present document has, we will understand as "Website": the external appearance of the user interface, both in static and dynamic forms, as in, the navigation tree; and all elements integrated on both the user interface as the navigation tree (Referred from now on as "Contents") and all services or alerts that would be given to users. (From now on, referred as "Services")

General Martial Arts reserves the faculty of modifying, in any moment, and without any announcement, the presentation and configuration of the Website and both the Content and Services that could be incorporated on it. The User recognizes and accepts that on any moment, General Martial Arts can interrupt, disable or cancel any of the elements that make up the Website or the access to them.

The access and use of the Website and the Content that it's displayed on it, explained on this document, will be following the laws of the Republic of Chile. From that, the visitors, contracts and transactions that the users makes on the platform that is our Website, as any legal effects they could have will be adjudicated to the laws and jurisdiction of the justice tribunals of the Republic of Chile. From particular importance, Law N°19.628 from the Personal Data Protection act and Law N°19.496 Consumer Rights act.

Additionally, this Website and it's Contents, and any transactions that could be done on it, are destined to any kind of user, nationality notwithstanding or residence, even if there is primacy on legal matters and the Chilean Jurisdiction for fringe cases.

Including these Terms and Conditions, the Website has a Privacy Policy that describes how it processes information and personal data from the Users when they visit the Website, as how they will be used and stored.

For more information, visit our Privacy Policy on our Website, which is on this link: Privacy Policy

By accesing this Website, the Users declare that they are in clear acknowledgement of this Privacy Policy.

In addition to this, www.generalma.com follows strictly the "Código de Buenas Prácticas para el Comercio Electrónico" from the Commerce Chamber of Santiago.

We suggest to the Users to read the contents of this document, and to print it or keep a copy of it, for their convenience and security.

SECOND

Website Information

The titularity of General Martial Arts (from now on "General Martial Arts", "www.generalma.com" or "the Website") is property of "Ingeniería y Computación MB SPA, Chilean RUT: 76.783.131-5"; which is represented by Jorge Luis Palma Villagrán, who has the position of: Owner, Chilean RUT: 13.108.100-6. His ownership and capacity to represent General Martial Arts is present on the public writing, date August 11, 2017, which was celebrated on the Notary 15 of Santiago, owned by R. Alfredo Martín Illanes, Public Notary.

In addition to this, for any need of communication, presentation, questions or complaints about the use or function of the Website, or the contracts and transactions that could occur within it, General Martial Arts has an email address available: support@generalma.com. It also has a section on the Website where the users can send feedback or contact the administration. Ingeniería y Computación MB S.P.A. is located on Andrés Bobe 5212, Maipú, Santiago, Chile.

THIRD

User

The access to this Website, the navigation and use, as any space enabled for interaction between Users, or between Users and the Website, will confer those people the condition of 'User'. From that, it's assumed they accept our Terms and Conditions that make up this document, from the very moment they enter this Website or it's content, as any future modifications that are made to this document, without prejudice on what the future legislation from the Republic of Chile would have from this type of document, or if it was applicable to any kind of website.

There will be two user types, and both will be able to access and use the Website for free.

  • Level 1 User: A person who navigates the Website. They could create an account, insert content to their account, send messages, receive validations, ask for scholarship in one or more schools from the site, or any other function the sites offer. The access to the site will be free, not considering the cost of an internet connection for the user.
  • Level 2 User: An user validated on the site by one or more Level 2 Users in a martial art. This lets them: Create schools, add users to them, create courses for them, graduate Level 1 Users from their discipline, and validate users. A Level 2 User can also opt to make use of more functionalities from the site, as: Creating a Webpage for any school they create, create and administer tournaments, validate fellow martial artists, publish news on their profile, and others.
  • User's Responsabilities

    General Martial Arts gives the User a Service that has many types of content. The User asumes responsability when they enter the site, and compromises to make good use of it and it's contents. So, this responsability will extend, to:

    Use the Information, Contents and/or Services that are offered by General Martial Arts, without going against these Terms and Conditions, and the laws from both their country and Chilean laws, or other forms that could antagonize and damage third parties or the functions and operations of the website.

    General Martial Arts reserves it's rights to remove all comments and interactions of Users that go against the law, attack the dignity of a person, that are discriminatory against race, nationality, sex, sexual orientation, religion, or condition, as any pornographic content, spam or things that go against youth and infancy, order or public security, or that, by judgement of the administration, are considered not appropiate for the site.

    Even then, General Martial Arts is not responsible of the opinions, from whichever type they are, that are given by it's Users via comments, tools or blogging/microblogging extentions.

    Simply accessing www.generalma.com doesn't suppose a commercial relationship between General Martial Arts and the User.

    Legal Capacity

    The User declares being at least 13 years old, which gives him access to the contents on the site, given previous authorization by their parents or legal guardian. So, General Martial Arts is not targetted to children below that age, being excempt of any responsability for not meeting this requirement. However, if the legislation that's applicable to the User indicates a even higher age cap so General Martial Arts is capable of giving it's services without needing consent, then that minimal age is the one that will be used to authorize their registration.

    The act of registering a minor, below the minimum age of 13 years, should be done by a 'representative' or guardian who is at least 18 years old, or the legal age of their country and should have the autorization of the parents or legal guardian of the minor. This 'representative' will be the effective user of this account, being this 'representative' responsible for the information that they give to General Martial Arts. It's the 'representative' responsability to have the authorization of the parents or guardian of the minor, and to not give access to the minor to the site.

    Legal bindings established by the government of the User will be used on any case where it's use should be pertinent. That, meaning, if any person doesn't have the legal capacity to be recognized by them, they should refrain from using the Content and Services that need that capacity. General Martial Arts will be able, in any moment, to suspend the participation of any User who doesn't meet the requirements to use this Content or Services, temporary or permanently, or if they give false, inexact or fraudulent information to the Website.

    The Website www.generalma.com is directed primarily to Users that reside on the Republic of Chile. General Martial Arts doesn't ensure that the Website will comply, partially or totally, with the legislations of other countries. If the User resides on any other country, and decides to use our Website, they will do it under their own responsability, ensuring that their access and navigation comply with the laws that bind them, making General Martial Arts not responsible for anything that could result from that access.

    FOURTH

    User Guarantees and Rights

    The User will enjoy all the rights that the consumer protections laws currently valid in Chile give to them, additionally to the rights that these Terms and Conditions confer. Additionally, the User will have available at any moment the rights to their information, rectification and canceling of those, following Law N°19628 about the protection of personal data.

    Right to Back Down

    The User will have up to 10 days to end any contract made by electronic means since they start using the Service, before it is given, or they access any kind of Content.

    To use this, the User must do the same procedures that were used to sign the contract, and always after General Martial Arts has spoken to the User, informing them of any modifications on the contract and giving them a copy of the same document, and providing them with clear and undeniable access to these Terms and Conditions, and the possibility of conserving or printing those documents.

    In the case that General Martial Arts doesn't comply completely with what was established by the previous paragraphs, the deadline that the User will have will be extended to 90 days.

    FIFTH

    Responsabilities

    General Martial Arts will not respond, in any case, for the following deeds:

  • a.- Wrongful use of the content that's hosted on the Site by Users or visitors of it, as any product they acquire or any intellectual or industrial right of the contents on the Site, products or services.
  • b.- Damages or prejudice, concrete or eventual, caused by Users while using the search functions of the Website, as any errors generated by technical elements of the Website or search function.
  • c.- Website Content that the Users could access with or without authorization of General Martial Arts.
  • d.- Access by persons who do not meet the minimum age to use the Website, following these Terms and Conditions and the current legislation that could be used to solve this.
  • e.- Loss, bad use, or unauthorized use of passwords or validation codes, done by the User or a third party, as specified here. It is also noted that both parties acknowledge that the technical support given by www.generalma.com is not perfect, and by this, it could happen that the website or it's platform would not be available during unknown periods of time.
  • f.- Any information referring General Martial Arts but that's outside of www.generalma.com.

  • If any of these happen, General Martial Arts will take all posible actions to give solution to these issues, ensure that the Website and any communication channel is working correctly, without being responsible from any of those problems.

    General Martial Arts doesn't ensure the avaibility or continuity of the Website, neither that the Users can access it at any time, or that any promotions or offers would be available.

    General Martial Arts is not responsible for any virus or other perjudicial elements on documents or files stored or uploaded by the Users of this Website. General Martial Arts will not respond for any damage caused to the User, caused by misuse of technologies or platforms at their disposition, whichever form they use them. And so, General Martial Arts will not respond for any damages produced by misuse of the Website or malice from any other User.

    SIXTH

    Security Policies

    General Martial Arts will take all the measures that it deems necesary to protect its Users's data, using encryption systems and other technologies. In the case that changes are made by the User to the registered information entered on the Website, or if any irregularity is detected caused by the User, be it commercial, related to their information or as a protection system, the administration will get in contact with the User, by phone or email, to validate that information and data, to prevent fraud.

    Personal Information

    By accessing the Website www.generalma.com, the Users or visitors guarantee that the information they give us to sign up or to consume our Services is truthful, exact and updated.

    From what Law N° 19.628, about Protection of Personal Data, all information that is given to the Website, will become part of a database owned by General Martial Arts, and they will be destined exclusively to what they were asked, specially in the communication between General Martial Arts and their Users, ensure truthful information while consuming Services, or others. This information will never be shared to other companies without authorization of their owner (The User) nor will be transferred internationally.

    General Martial Arts will never ask their Users to give personal or financial information on emails.

    General Martial Arts presumes that the information given by it's Users or by authorized personnel are correct and exact. The Users, by accepting these Terms and Conditions, manifest their acceptance on giving their personal information while filling the forms presented on the Website www.generalma.com, and that they could be used then to create and send offers that could differ to what is offered on the Website.

    Without going against the latter, General Martial Arts guarantees to all their Users free exercise of the rights indicated by the Law N°16.628, about Protection of Personal Data, regarding information, modification, cancelation and blocking of personal information. In consecuence, Users are able to inquire about those rights, which will be answered by General Martial Arts in no more than 15 business days.

    Electronic Documents

    The Users, as receptors of electric documents from what has been established by the Exempt Resolution N°11 from February 14, 2003; given by the 'Servicio de Impuestos Internos', which establishes the procedures for authorized taxpayers to create and send electric documents; declare and accept that, by accepting these Terms and Conditions, they authorize General Martial Arts, represented by 'Ingeniería y Computación MB S.P.A.', Chilean RUT: 76783131-5; which is then represented by its Owner, Mr. Jorge Luis Palma Villagrán, Chilean RUT: 13108100-6, to send any fiscal document associated to a transaction corresponding to consuming a Service or Product, only by electronic means. And so, they authorize that those fiscal documents be sent to the User via email.

    In acceptance to the mentioned rules, and in case that the User would need to backup their information, they will assume, about those fiscal documents, certain obligations:

  • a.- Print all documents received electronically, for any fiscal period, inmediatelly after receiving them.
  • b.- Print the document in its original form and size.
  • c.- Use white paper, original type, with a minimum dimensions of 21.5cm x 14cm, and maximum dimensions of 21.5cm x 33cm.
  • d.- Print the document in quality settings that ensure that the document is readable for at least six years, from what the Chilean Law establishes. The printing will be made by laser or ink, unless another method is listed later on such law.
  • SEVENTH

    Intelectual Property and Reserved Rights

    All rights presented on the Website, including intelecual property, about the same Website, pages or other kinds of content, which could be, not limited to, texts, graphic materials, audiovisual content (including but not limited to images, audio clips or videos), logos, brandings, all types of icons, materials and downloadable content, information dumps or source codes, are all property of General Martial Arts.

    Also, all or part of the content mentioned on the last paragraph, is registered as a commercial brand, creation or commercial image, so, all rights are property of General Martial Arts, and its reproduction for commercial or wrong use is prohibited without previous authorization, and also it's prohibited to use for whatever creation that would tarnish General Martial Arts's repotutation or affect it negatively.

    The brands property of General Martial Arts are registered on the "Instituo Nacional de Propiedad Industrial (INAPI)" by the following registry numbers:

    GMA, General Martial Arts, with it's logo, request number: 1314559.

    Any other commercial brand that has presence on the Website or that their rights are not property of General Martial Arts, are property of their owners.

    EIGHTH

    Communications

    General Martial Arts is obligated to, in case of sending any message or information, including promotions and ads, using whichever contact methond the User gave to the administration, including phone numbers or emails, to include at least the following information:

  • a.- Identification of which kind of message has been sent, letting know to the User which kind of information has been sent to them, specially if that message has some kind of ad or promotions for them, which will be indicated on the subject of the message (email), or will be clarified first (phone via voice or text)
  • b.- Existance of consumer rights, recognized by Chilean law, in relation with the faculty of the User to decline and stop this kind of messages from General Martial Arts. At the same time, it's made known the obligation of General Martial Arts to stop this kind of messages if the User asks for it.
  • c.- Guarantee of a quick, simple and effective process in the case that User wishes to make a request to the administration, on which General Martial Arts may need User input before completing the process.
  • d.- In the case that the message is an ad or promotions from external sites or companies associated to General Martial Arts, the message will have the relevant information to identify the owner of the message, including their commercial denomination if needed.