CHILE APPLICABLE RULES
The Services could be rendered by Kushki Chile SPA, Kushki Operadora S.A. or other local affiliates that execute a Commercial Agreement of Services Agreement.
Kushki declares that it may provide Services through its connections with different Operators, including Transbank S.A. (“Transbank”). Notwithstanding the above, Client accepts that such Operator may be replaced in the future at the sole discretion of Kushki and without the need for authorization from the Client.
RULES APPLICABLE TO THE SERVICES:
- The Client grants an irrevocable mandate to Kushki, under the terms provided in article 241 of the Chilean Commercial Code, to collect and deposit the Client’s funds resulting from the various transactions between the Client and the Users in the bank account instructed by Kushki and to cause any such transaction to be conducted through the use of Kushki’s commerce code or subcode, so that the funds from the transactions conducted by the User are further paid to the Client in the manner and time agreed upon by and between the Client and Kushki. Kushki shall pay the Client the amounts for the approved Transactions and deduct therefrom the fee agreed upon by and between Kushki and the Client.
- As a general rule, the transaction funds that Transbank or other Operator provides to Kushki shall be in Chilean pesos and shall only be used for payment to its Clients in the account(s) instructed by the Client.
- Transactions by card shall be paid by Kushki to the Client, under the Chilean provisions in force.
- Transactions by card shall be paid by Kushki to the Client within a maximum period of 15 days after the date of each transaction. If Kushki does not transfer the amount for the transactions within such period, the Client shall notify Transbank or other Operator no later than the following business day of any such failure to pay within the period set forth by the PSP.
- If the Client fails to give any such notification, as provided above, then Transbank or other Operator different to Kushki shall be released from the responsibility for paying for the card transactions that Kushki fails to pay or pays only partially and shall require payment solely and directly from Kushki.
- For payments for goods and/or services using Cards at the establishment or through the website of the Client via Kushki, if such payments are approved by Transbank or another Operator and paid thereby to Kushki for further payment to the Client, then the goods and/or services in question shall be considered as paid, and any conditional obligation shall become extinct. Accordingly, the Client shall not be able, regarding the goods or services paid for, to collect payment from the Cardholder, disrupt supply, cancel policies, impose penalties, etc.
- Transbank or another Operator may immediately suspend or stop altogether the acceptance of Cards, in specific relation to either the Client or Kushki, if there is evidence of any non-compliance with any provision regulatory, contractual, or established by any brand owner, or with any requirement set down therein, particularly if the sales limits established thereby are exceeded or because of suspicious or fraudulent activities either by Kushki or the Client. If the breach corresponds only to the Client, Kushki shall terminate the Agreement with the Client or may suspend, either in full or part, the acceptance of the Client’s Cards, depending on the seriousness of the facts and the findings from the investigation carried out by Kushki, as warranted. In the event of any report or suspicion of illegal or fraudulent activities by the Client, Transbank or another Operator shall be authorized to suspend the acceptance of the Cards in connection with any such secondary merchant and shall simultaneously give notice to Kushki. In such cases, Transbank or another applicable Operator shall: (i) give notice to Kushki before suspending the acceptance of the Cards; and (ii) indicate in writing the reasons for which the acceptance of the Cards shall be suspended and the estimated period of suspension. The foregoing, without prejudice to the legal responsibilities that Kushki may have and without prejudice to the possibility of rescinding the Agreement if Kushki had indeed acted knowing of the illegal or fraudulent activities of the secondary merchant.
- Transbank or other Operators shall have the power to require from the Client information regarding its relationship with Kushki, particularly regarding transactions with the Cards, and its line of business.
- The Client accepts that the Cards may not be used by Users to conduct operations other than those specific to the Client's business.
- Transactions with the Cards shall be conducted in the legal tender of Chile.
- The Client shall not discriminate Cardholders, whether their cards are of national or foreign origin, for any cause or reason based on the use thereof.
- The Client declares and accepts that any controversy or problem between the Client and the Cardholder related to a good not delivered or a service not provided, the quality, quantity, price, timeliness, or any other factor relevant to the purchase made or the service provided, shall be resolved directly between these parties, without the intervention of or responsibility by Transbank, other applicable Operators or Kushki.
- In order for Kushki’s Platform and Services to properly function and be provided, and to avoid any unlawful or fraudulent use of the Cards, the Client undertakes, at his own expense, to instruct and train its staff and employees on the operation and management thereof in all respects, and on the obligations assumed by virtue of this Agreement, particularly in regard to the requirements that must be met for the acceptance of the Cards.
- Kushki and the Client undertake to take any security measure necessary for the information from the transactions conducted with the Cards to be properly protected. Without prejudice to the ownership of the information on the cardholders under the laws in force, the information contained in the Cards is the owned by the relevant Issuers and cardholders, and is confidential; therefore, storing the information in the front and back thereof, including data contained in its magnetic stripe, chip, or any other similar feature is expressly forbidden, unless authorized by the cardholder. Kushki and the Client shall assume any liability vis-a-vis Transbank and/or other applicable Operators, and the relevant third parties, for damages arising from the breach of the provisions set forth in this paragraph.
- Kushki and the Client accept that Transbank, other Operators, or any person appointed thereby, shall reserve the right to conduct any inspection reasonably necessary to verify the effective fulfillment of the obligations set forth herein, and they also undertake to provide a truthful response to any query on the service quality, as required by Transbank or other Operator to that end.
- The Client declares and accepts that, if operations with Cards processed via Kushki or from the same specific Client are declined more than once within the same month or once every three consecutive months, due to non-compliance with the requirements set forth herein and/or its supplementary documents, the parties agree that this shall be considered a breach in the security controls set forth by Transbank for Kushki. In such case, Transbank or other Operators may inform Kushki of this in order for the Client to correct any such root-cause fault or situation. The foregoing taking into consideration the concept of suspicious operation defined by the Financial Analysis Unit or, if fraudulent operations are identified by the Participants, Transbank, other Operators or any other current or future entity whose purpose is to prevent or control the lawfulness of the transactions in the system for payment by Card, whether any such operation is conducted in person or remotely.
- For founded reasons of security or stability of the Card system, as provided in the regulatory provisions, the Payment Card Industry Data Security Standard, and the rules of the Brand Holders, of which shall be informed in writing or by electronic means to Kushki, Transbank or other Operators may instruct any restriction to, prohibition on, or temporary suspension of the acceptance of Cards.
PROTECCIÓN DE DATOS PERSONALES:
Kushki tratará en el manejo de datos personales a dar estricto cumplimiento a la Legislación y en particular, a la Ley Nº 19.628 sobre Protección de Datos de Carácter Personal y cualquier modificación futura.
Toda la información personal proporcionada por el Cliente, incluidos los datos de información bancaria, es de responsabilidad exclusiva de quien la aporta. La información ingresada por el Cliente será utilizada por Kushki para registrarlo en los programas y servicios, procesar y darles seguimiento a los servicios, contestar correos electrónicos y proporcionar información con respecto a sus movimientos y respecto de los bienes y servicios contratados. Kushki se reserva el derecho de usar esta información para enviar al Cliente correos electrónicos o comunicarse telefónicamente con él con información relativa a sus operaciones en la plataforma Kushki Pagos como también para enviar información sobre promociones de productos o servicios. El Cliente siempre podrá solicitar el cese de envío de los correos electrónicos promocionales.
Kushki no venderá, ni alquilará a otras empresas la información personal de los Clientes y Usuarios. Estos datos serán utilizados para prestar el Servicio que da cuenta este instrumento. Sin embargo, Kushki podrá compartir dicha información con proveedores de servicios de valor agregado que se integren a la Plataforma para atender necesidades de los Cliente y/o Usuarios, relacionadas con los servicios que suministra la misma. Toda la información personal transmitida se hace a través de una página de Internet segura que protege y encripta la información sensible. La información personal se almacena en servidores o medios magnéticos que mantienen altos estándares de seguridad. La plataforma Kushki Pagos siempre almacena los datos sensibles de los Clientes y Usuarios en forma encriptada.
Kushki hará sus mejores esfuerzos para mantener la confidencialidad y seguridad de que trata esta sección, pero no responderá por perjuicios que se puedan derivar de la violación de dichas medidas por parte de terceros que utilicen las redes públicas o el Internet para acceder a dicha información. En caso de una infracción de parte del Cliente a la presente cláusula y a la ley Nº19.628, Kushki podría reportar al Cliente a las entidades correspondientes.
LEY APLICABLE Y RESOLUCIÓN DE CONFLICTOS:
El presente Contrato se regirá por las leyes de la República de Chile.
Para todos los efectos a que dé lugar, las partes fijan su domicilio convencional en la comuna de Santiago, Región Metropolitana.
PROTECTION OF PERSONAL DATA:
Kushki will process the management of personal data under strict compliance to the Law and in particular to Act No. 19.628 on Protection of Personal Data and any future modifications.
All personal information provided by the Client, including bank information, is the sole responsibility of the person who provides it. The information entered by the Client will be used by Kushki to register the Client in the programs and services, to process and track the services, reply to e-mails, and provide information regarding its movements and the contracted goods and services. Kushki reserves the right to use this information to send the Client emails or to communicate by telephone with information regarding its operations on the Kushki Platform, as well as to send information about product or service promotions. The Client may always request that remittance of promotional emails be ceased.
Kushki will not sell or rent to other companies the personal information of Clients and Users. Thisdata will be used to provide the Service hereby mentioned. However, Kushki may share such information with value-added service providers who incorporate it on the Platform to meet the needs of the Client and/or Users, related to the services provided by the Platform. All personal information transmitted is done through a secure website that protects and encrypts sensitive information. Personal information is stored on servers or magnetic media with high standards of security. The Kushki Payment platform always stores sensitive Client and user data in encrypted form.
Kushki will make its best efforts to maintain the confidentiality and security of this section; however, will not be liable for any damages that may arise from the violation of such measures by third parties using the public networks or the Internet to access such information. In the event of a violation by the Client of this clause and of Act No.19.628, Kushki may report the Client to the corresponding entities.
APPLICABLE LAW AND DISPUTE RESOLUTION:
This Agreement shall be governed by the laws of the Republic of Chile.
For all purposes, THE PARTIES indicate that their elected domicile is in the municipality of Santiago, Metropolitan Region.