TERMS OF SERVICE
Last updated November 06, 2023
AGREEMENT TO OUR LEGAL TERMS
This website, operated by Cristian Barría under the names Finstearch, Finstearch Events and Members Area (referred to collectively as the ‘Company,’ ‘this website,’ ‘we,’ ‘us,’ or ‘our’), represents individual professional services provided as a legally individualized tax declarer in the country of Chile. The VAT number is available upon request, specifically upon fulfillment of a contractual agreement. Professional services rendered may encompass international transactions for the final user, and the business address for these services is situated in Vina del Mar, CL-VS 2520000.
It is important to note that while Cristian Barría is the individual providing these services, the execution of such services may involve collaboration with external providers, including contractors, partners, affiliates, and other entities external to this website. However, all charges and fees associated with the services rendered are attributable to and managed by this website.
This website conducts its financial transactions primarily in United States Dollars (“USD”). All prices, fees, and charges for the professional services provided by Cristian Barría under the names Finstearch, Finstearch Events and Members Area are quoted in USD, unless explicitly stated otherwise. Users engaging in transactions with this website acknowledge and agree that the main currency for all financial matters is USD.
We operate the website https://finstearch.com (the “Site“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).Finstearch” (hereinafter referred to as “The Website”) operates within its primary domain located at https://finstearch.com. The Website serves as an online platform facilitating services and the acquisition of digital products for various subjects such as business, finance, and strategy, among others, as determined by the website’s administrators. These services are offered through diverse modalities, including online meetings, plan subscriptions, and project deliverables categorized under “Pay-per-Stage,” allowing users to add fractioned milestones purchased in separate stages. Additionally, this website features links to other affiliate websites under distinct subdomains, all falling under the same thematic umbrella but offering different products. Presently, our subdomains include “Finstearch Events” and “Members Area,” each administrated separately as distinct websites but provided under the same individualized person as mentioned herein. It is explicitly clarified that Finstearch and all associated subdomains, including the present one, do not aim to provide content related to financial advisory services, investment recommendations, or any other regulated activities in jurisdictions where the respective customer is located. The Website bears no responsibility for the interpretation of its content as financial advice. Users are encouraged to seek professional advice or consultation for matters related to financial decision-making or investment management.
You can contact us primarily through our contact form on this website or via email at contact@finstearch.com. While we do not provide a direct phone number, we strive to respond promptly to inquiries submitted through our contact form or email.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Cristian Barría – Individual Professional Services, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The administrators reserve the right to update or modify these terms and conditions at any time without prior notice. Any changes or revisions to the Terms of Service will be communicated through personalized emails when there are current obligations with our users, and posts on the Finsteach website and its subdomains and affiliate sites. It is the user’s responsibility to regularly review the Terms of Service to stay informed about any updates or modifications. Continued use of the Finsteach platform after any changes to the Terms of Service shall constitute acceptance of the modified terms. The administrators encourage users to check the website periodically for any announcements or notifications regarding changes to the Terms of Service. Users are advised to discontinue the use of the platform if they do not agree with any of the revised Terms of Service. The administrators shall not be held liable for any failure to receive notifications about changes to the Terms of Service due to the user’s failure to regularly review the website.The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
These Terms of Service outlined on the Finstearch main website (https://finstearch.com) shall serve as the overarching framework governing and complementing the specific terms and policies of all subdomains, including but not limited to ‘Finstearch Events’ and ‘Members Area.’ In the event of any inconsistencies or gaps in the terms and policies across subdomains, the terms expressed on the Finstearch main website will prevail and apply. By accessing any subdomains or utilizing associated services, users implicitly agree to abide by both the specific terms of the respective subdomain and the comprehensive terms presented on the Finstearch main website.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
9. USER GENERATED CONTRIBUTIONS
12. THIRD-PARTY WEBSITES AND CONTENT
16. MODIFICATIONS AND INTERRUPTIONS
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. CALIFORNIA USERS AND RESIDENTS
27. GENERAL GUIDELINES FOR SERVICE RENDERING
30. CANCELLATION AND REFUNDS FOR CONSULTING AND LIVE MEETINGS
31. FILE SHARING AND CUSTOM DELIVERABLES
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES“ section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@finstearch.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the “PROHIBITED ACTIVITIES“ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
- confirm that you have read and agree with our “PROHIBITED ACTIVITIES“ and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions
and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We accept payments through PayPal, including the processing of major credit and debit card brands facilitated by PayPal. It is important to note that this website does not directly process payments; rather, transactions are securely handled through the PayPal platform for your convenience and security.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
7. REFUNDS POLICY
Because of the nature of this website, in general terms all sales are final and no refund will be issued. However, certain cases inherent to the specific service is being considered in the corresponding chapter of this policy.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Services to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
- Sharing, distributing, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
- Unauthorized collection or use of personal or sensitive information of other users, including but not limited to email addresses, contact information, or financial data.
- Engaging in any form of unauthorized or illegal marketing, including spamming, phishing, or solicitation of other users for commercial or non-commercial purposes.
- Violating any intellectual property rights, including copyright, trademarks, or patents, by using or distributing any content without the appropriate authorization from the respective owners.
- Attempting to disrupt or interfere with the functionality, security, or performance of the Finsteach´s platform, including introducing viruses, worms, or any other harmful code.
- Engaging in any form of harassment, intimidation, or threatening behavior directed towards other users, consultants, or any individuals associated with Finstearch and its subdomains is strictly prohibited. This includes, but is not limited to, unwelcome verbal, written, or visual conduct that creates an intimidating, hostile, or offensive environment. Such behaviors may occur through the platform’s communication channels or any other means facilitated by Finstearch and its subdomains. This prohibition aims to maintain a respectful and professional environment for all users and consultants involved with Finstearch. Any violation of this policy may result in immediate suspension or termination of the user’s account without prior notice.
- Misrepresenting one’s identity or affiliation with any individual or entity, or falsely claiming to have any official endorsement or authorization from Finsteach or its partners.
- Engaging in any activity that is deemed illegal or in violation of any local, national, or international laws, regulations, or statutes. In order to contract services from our website, users must comply with all applicable local, national, and international laws and regulations even if there is no legal company created already. Any activities that violate legal standards, regulatory requirements, or industry-specific norms are strictly prohibited.
- Unauthorized Distribution of Deliverables: Users are strictly prohibited from distributing, sharing, or making available deliverables, whether in part or in whole, outside the intended scope of personal and internal non-commercial use. This includes but is not limited to the dissemination of consulting reports, strategic documents, and other advisory materials.
- Defamation and Harmful Activities: Engaging in any activities that defame, harm the reputation of, or intentionally deceive Finstearch, its consultants, or any affiliated entities is strictly prohibited. This includes making false statements, spreading misinformation, or engaging in any form of harmful communication.
- Scam Purchases and Fraudulent Activities: Users are prohibited from engaging in fraudulent activities, including but not limited to making false claims of purchase, attempting to obtain services without genuine intent, or engaging in any form of deceptive practices that may harm Finstearch or its consultants.
- Unauthorized Access and Data Breach: Users are not permitted to attempt unauthorized access to Finstearch’s systems, databases, or any confidential information. Any attempt to breach the security of the website, obtain unauthorized access, or engage in activities that may compromise the integrity of data is strictly prohibited.
- Intellectual Property Violations: Any unauthorized use, reproduction, or distribution of Finstearch’s intellectual property, including but not limited to trademarks, logos, and proprietary content, is strictly prohibited.
- Unethical Business Practices: Users are prohibited from engaging in any form of unethical business practices, including but not limited to bribery, corruption, or any activities that violate ethical standards and business integrity.
9. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content.
10. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
11. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://finstearch.com/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Chile. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Chile, then through your continued use of the Services, you are transferring your data to Chile, and you expressly consent to have your data transferred to and processed in Chile.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of Chile. Cristian Ignacio A. Barría Zapata – Individual Professional Services and yourself irrevocably consent that the courts of Chile shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3)
. The seat, or legal place, or arbitration shall be Vina del Mar, Chile. The language of the proceedings shall be Spanish. The governing law of these Legal Terms shall be substantive law of Chile.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
27. GENERAL GUIDELINES FOR SERVICE RENDERING
Due to the international scope of its operations, the website and teh individual herein identified, may abide, follow, and voluntary be signatory of international regulations and to legal and conductual terms of third parties and other regulatory bodies, to ensure the safety of its clients and stakeholders. Users of our services will be notified if these situations may impact the current and/or future obligations, or the manner, or means used to deliver our services. In order to provide flexibility to our clients for the suspension or cancellation of our services by their part, we provide contact channels where they can clarify the terms and conditions of our services and how they would be rendered. All our services are designed to be paid upfront, meaning that the payment by the client to obtain access to these services has to be made before these are delivered. By contracting our services, the client agrees to provide all the necessary information about their projects or use case. Finstearch cannot ensure desired quality if this information is provided in an incomplete manner, or with missing details that are considered to be essential for the specific objective of contracting the service. All the precedents provided to Finstearch are responsibility of the client.
28. ONLINE MEETINGS
Payments for online advisory and some online consulting services, denominated under the service category: “Live Meetings” are delivered through online meetings by external systems provisioned third party providers. These services are considered to be based on time and time alone. Payments are not based on the content or context mentioned for the meeting. Each client is responsible for any topic and questions asked and to provide the respective precedents of their case to ensure the client achieves their desired use of time. Finstearch will strive to provide the requested information to the best of our capabilities, but makes no guarantee that a complete solution will be reached in single live meeting. Once you have placed the purchase, you may be redirected to a booking system, on which you will be prompted to provide information about your name, last name and username in the conferencing platform available for this service. This information is intended to be a safeguard to both parties from any fraudulent transaction or any other nature aside from this service. Finstearch keeps this information private and do not disclose this information to any third party, unless required by regulatory bodies. Meeting scheduling through our website is automatically approved, and does not require further confirmation. Once the booking has been placed in the website, you will receive a notification via email wit the corresponding link to an online meeting. By default, the service we utilize for carrying the meetings is Zoom. However, you can also add notes and other credentials to any other provider when booking the service. Cancellations and re-scheduling: we do not provide refunds, guarantees or any other money-back method beyond the following timeframes. These “Terms of Service” operate under the following schema in terms of timeframes for cancelling and re-scheduling: Minimum time required before booking: 12 hours Minimum time required before canceling: 3 hours Minimum time required before rescheduling: 3 hours Period available for booking in advance ( Days ) After booking a meeting, we will send you confirmation emails and communication at the provided email address. If you face any issues in booking, please notify at the “Contact Us” page.
29. PAY PER STAGE PROJECTS
Pay-per-Stage projects are fixed-price claims over a certain portion of a bigger project. Each product / service is fractionated in milestones and are subject to the terms of the “Scope of Work” of each service. The information of the “Scope of Work” is provided from the user to the website through an online questionnaire provided in the main page of each service. This information shall be, at all times, consistent and abide to these Terms of Service and the nature of our business. By purchasing a service to Finstearch, by any of the offered methods, the client agrees to these terms. Each individual service, and depending of each particularity of the request made by the client constitutes a customized feature of the “Scope of Work”. When the client purchases the access to these services, a downloadable file will be provided with the details of this “Scope of Work” arranged in a way that it includes all the additional features that the client agrees with Finstearch.
30. CANCELLATION AND REFUNDS FOR CONSULTING AND LIVE MEETINGS
No refunds will be issued for scheduled meetings in the event of client non-attendance. The consultation window (using a meeting service such as ‘Zoom meetings’) will be open during the client’s scheduled time, with the service provider from the domain ‘Finstearch.com’ present. If the client fails to attend the meeting or does not provide a 30-minute notice for rescheduling or cancellation, a refund for the 60-minute timeframe will not be granted. Rescheduling or cancellation of meetings does not warrant an additional discount. The fee for the 60-minute or 30-minute live meeting will proceed at its full price in such instances. For ‘Pay-per-Stage’ projects, customers have the option to forego purchasing the subsequent stage following the current project scope. Once a ‘ticket’ is purchased for a specific project scope, the transaction is considered final and is not eligible for a refund. A similar policy applies to subscription services, allowing users the choice to opt-out of renewing the subscription for the upcoming month.
31. FILE SHARING AND CUSTOM DELIVERABLES
In some cases, the meeting video call, or contracting any other service in this website will lead to shared or custom-built files by Finstearch to the client. File creation, sharing, customization, modification, or any other form of digital manipulation, during live meetings, or documents that do not pertain the origianl scope priorly agreed, is not an obligation to Finstearch for this service, as this depends on external factors that are not visible with the proper anticipation (i.e. versions of software on which the file was prepared, virus, malware or file degradation, etc). In cases where the client expects a file shared with them under these terms, Finstearch will offer a custom ticker with the respective file at a feasible future date for download and /or purchase. In some cases, file sharing after the online meeting may generate a separated pricing from the original request. The client / user will be properly notified of prices and conditions.
32. NATURE OF BUSINESS
Due to the nature of our services in finance and business strategy, you should be aware that final decisions of budget-related operations for your business/activities, fundraising results after consulting with us, success with an instrument or software prepared by us, and any subsequent financial or operational outcomes are not under the direct responsibility or purview of Finstearch, and/or its affiliate websites and subdomains. We provide advisory services and support based on professional expertise, but the ultimate implementation and results of any strategies, financial decisions, or tools provided are contingent on various external factors beyond our control. Clients are strongly encouraged to conduct thorough due diligence, seek legal or financial counsel where necessary, and take into account external market conditions when making final decisions based on our advisory services.
33. EXTERNAL PROVIDERS
As part of our commitment to delivering comprehensive services, Finstearch may engage and subscribe to a variety of online and in-person services that are diverse in nature yet complementary and deemed necessary for the effective delivery of the listed services. While we conduct due diligence in selecting and collaborating with external providers and platforms, clients and final users should be aware that this engagement with external services is an inherent and necessary aspect of our business model. We strive to ensure the reliability and suitability of our chosen providers; however, the ultimate performance and outcomes of these external services may be subject to factors beyond our control. Clients are encouraged to review the terms and conditions of such external services and platforms, recognizing that their usage forms an integral part of the nature of our business operations.
34. REGULATORY BODIES
Finstearch and its providers are not registered with the U.S. Securities and Exchange Commission or any securities regulatory authority or body in any state or jurisdiction as an investment adviser, broker-dealer, or in any other capacity. We do not claim to provide investment advice or make investment recommendations. The reports, files, and documents generated by Finstearch, including data manually input by Finstearch and its associated creators, combined with data and calculations from other providers, are intended solely to assist you in decision-making processes. It is important to note that these documents should not be construed as an offer to buy or sell, as a solicitation of an offer to buy or sell, or as a recommendation to buy, sell, hold, or trade any security or other financial instrument. Users are advised to exercise independent judgment, seek professional advice, and conduct thorough research before making any financial or investment decisions based on the information provided by Finstearch and its associated documents.
35. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: contact@finstearch.com.
You can also contact us through our contact form on this website. Additionally, our social media profiles, where we maintain a presence, are available for direct contact. However, it is important to note that communications sustained through social networks are not binding under any circumstances and will not be considered an order or a binding contract. While we do not provide a direct phone number, we strive to respond promptly to inquiries submitted through these described means.
