Terms and Conditions

1. Scope of Application.

This page describes the terms and conditions applicable to the use of certain products and services owned by Istanbul Shoe Co. (hereinafter also the "Company"), including its sites and other applications, and services contained in said sites and other programs that may be delivered or generated (hereinafter the "Websites"). For these purposes, it will be understood that Affiliate of Istanbul Shoe Co. is any other person who directly or indirectly controls, is controlled by, or is under the direct or indirect common control, with Istanbul Shoe Co. For the purposes of this definition, Control has the meaning given to said expression in articles 97 et seq. of Law No. 18,045 on the Securities Market.

The use of the Websites is subject to the following conditions (hereinafter the "General Conditions of Use"), which must be complied with by the Users of the Websites (hereinafter and indistinctly "You" or the "User") .

Notwithstanding the foregoing, each of the Websites may have specific policies of use that complement and / or partially modify the General Conditions of Use. It is the User's responsibility to know said particular conditions of use (hereinafter the “Particular Conditions of Use").

The General and Particular Conditions of Use may be modified or adapted to legislative and doctrinal changes, general industry practices, or company policies. Said modifications and / or adaptations will produce their effects from the moment of their publication on the Website.

Each time you visit a Website carefully read the General and Specific Conditions of Use, since for all legal purposes, it will be understood that by using the Website, you accept the General Conditions of Use and also the Specific Conditions of Use , in your case.

If you do not agree with the General Conditions of Use, and where appropriate, with the Particular Conditions of a Website, please do not use it.


2. Services and Materials.

The Websites allow Users to access and use services offered by the Websites themselves and other sites, by Users of the same and by other third-party service providers (hereinafter, the "Services").

Similarly, the Websites allow Users to access and use materials offered by the Websites and other sites, by Users of the same and by other third-party material providers (hereinafter, the "Materials").

The Materials include any image, text, graphic, drawing, illustration, video, sound or image file, photograph, recording, computer program, logos, trademarks and, in general, any kind of material or content, these expressions must be interpreted in its broadest sense.

The Materials and the Websites are protected under national legislation and international treaties on intellectual and industrial property ratified by Chile and which are in force. You may only make strictly personal and non-commercial use of the Materials and the Websites; and you may not assign, commercialize, sell, reproduce, distribute, transmit, modify, alter, transform, publish, store, display, copy, edit, adapt, prepare works or take advantage of any other way with all or part of the Materials, or the Websites, without prior written authorization given by the Company and its owner if he is different from the Company, and provided that in the event of such authorizations, the source is cited. You must be subject to any additional conditions or restrictions, contained in the Material that you access through the Websites.

The intellectual property of these General Conditions of Use belongs to the Company.

The Company may modify at any time and without prior notice, the presentation and configuration of the Websites and the conditions for accessing them. You may also suspend, discontinue, modify or eliminate, at any time, without expression of cause and without prior notice, the Services and / or Materials offered on the Websites and the conditions for accessing and using these Services and / or Materials.


3. Links to External Sites.

The Websites contain a series of links (links) to third-party sites, owned and operated by people other than the Company. These links are provided as an aid to the User, but the Company is not responsible for the content, technical quality or any other concept related to the linked sites. The linked sites have their own conditions of use and privacy policies, which the User must be aware of when entering those sites.

The Company is not responsible in any way for the information contained in said sites, or for the consequences of using them.


4. Services and Products offered by third parties.

Through the third-party Websites they offer various types of services and products. Regarding these products and services, the Websites only fulfill the role of publishing the offer and facilitating the User contact with the third-party providers. The Websites are independent of the third parties who advertise or the way they offer their products or services through the Websites. The publication of the offer does not imply endorsement by the Company.

Any contractual relationship between the User and third parties that offer products or services through the Websites is the sole responsibility of the contracting parties. The Company is not responsible for the quality of the products or services of third parties that contract with the User through the Websites or for any act or omission of the contracting parties that may cause the User, the third party or other persons harm. as a consequence of said hiring. Queries or claims that the User has regarding the products or services offered by third parties must be made directly to the third party offering.


5. Obligations of the User.

In addition to the obligations contained in these General Conditions of Use, the User agrees to the following:

* Diligently use the User name and the personal passwords assigned to the User, if any. The Username and password assigned to each User in order to access the Websites, or the Services and Materials, are confidential and personal. The use of this name and password is restricted exclusively to the User to whom this name or password is assigned. The User is responsible for all damages, of any nature, that are caused as a consequence of the use of their Username or password, by a third party, and that derive from the loss of the same or the User negligence.

* Follow the instructions given on the Websites. In order to promote the correct functioning of the Websites and the adequate access and use of the Services and Materials offered in them, the Company, if applicable, may at any time direct instructions to the Users. The instructions may be sent via email or may be stipulated directly on the respective pages. The User undertakes to stay informed regarding these instructions and to comply with them diligently.

* Use the Websites and the Services and Materials, correctly and lawfully. The User must use the Services and Materials offered in accordance with the law, the General and Particular Conditions of Use and respecting morals, good customs and public order. The User will refrain from using the Websites, the Services and the Materials in any way that may harm the rights and interests of the Company, other Users or third parties, or that may damage, disable, overburden, deteriorate or affect any otherwise the Websites, the Services or the Materials or the use of any of these by the Users.

* Access or obtain Materials through the procedures specifically established in the web pages that contain these Materials, and, if a procedure has not been established, using lawful and generally accepted procedures on the Internet. In no case may the User access or obtain Materials through ways that imply the creation of a risk or may cause damages or losses to the Websites, the Services or the Materials.

* Do not delete or alter in a way that makes it less visible, the mention or notice of copyright or intellectual property or any other information that identifies the holders of the rights over the Materials, as well as the other mechanisms of protection, identification or other equivalents , referred to the Materials.

* Not to use the Materials for sales, publicity, propaganda or other commercial purposes.

* Not collect, compile, download, copy or provide third-party User directories or any information about other Users, including their email addresses.

* Not upload, email or transmit in any other way any Material or information that contains software viruses or files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Websites .


6. Materials Contributed by the User

The User may contribute Materials so that they are accessible to other Users who enter or make use of email services, chat, forums, newspapers, personal pages and others of a similar nature on the Websites (hereinafter referred to as "Materials Contributed by The User "), to the extent that the Materials Provided by the User are in accordance with the law, the General Conditions of Use, the Particular Conditions of Use that are applicable, morality, good customs and public order.

By way of illustration only, the Materials Contributed by the User may not:


* Infringe, violate, ignore or undermine in any way the rights and public freedoms of people, guaranteed in the Political Constitution of the Republic, the laws and international treaties ratified by Chile and that are in force.

* Promote or induce the commission of crimes or acts contrary to morals, good customs or public order.
Be degrading, degrading, offensive, violent or in any way contrary to the honor, good name, fame and prestige of people or violate the right to privacy or intimacy of individuals and families.

* Promote or proclaim discriminatory actions or attitudes based on sex, sexual orientation, race, religion, beliefs, age or other similar conditions.

* Incorporate or allow access to pornographic elements.

* Irresponsibly induce states of panic, fear, insecurity or anxiety.

* Inciting or inducing the exercise of dangerous practices for health, physical and / or mental integrity.

* Be false, erroneous or confusing.
Violate the intellectual property rights of the Company or third parties.

* Constitute illegal, misleading or unfair advertising.

* Constitute acts contrary to free competition or consumer rights.

* Incorporate viruses or other physical or electronic elements that may damage or impair the normal functioning of the Websites, the Services or Materials, the equipment (hardware) and programs (software), files or documents owned by the Company or by third parties.

* Include in surveys, contests, pyramid schemes, threaded messages, spam emails, annoying messages or duplicate or unsolicited messages.

* Contain advertisements or offers for the sale of any good or service for commercial purposes, unless the respective Website expressly allows those messages.

The User will be solely responsible for the Materials contributed by him, and for the contractual, legal and / or regulatory infractions incurred in relation to said Materials Contributed by the User.

Although the Company does not review or has the obligation to review the content of the Materials Contributed by the User, and although it is not responsible for their content, the Company reserves the right to review, without prior notice or expression of cause, and at its sole discretion, the Materials Contributed by the User. The Company may edit, delete, modify, retransmit, prevent the transmission or dissemination to third parties of the Materials Contributed by the User.

The User must bear in mind that the Materials Contributed by the User with the purpose of being accessible by other Users of the Websites to which they access can be read by any Internet User in the world, so they must be prudent when providing publicly identifying data that personally identifies you. The Company is not responsible for the consequences resulting from the publication of User Contributed Materials on the Websites.

Regarding any Material Contributed by the User, the User grants the Company a perpetual, non-exclusive, free and transferable license, which includes, without being limited to, the right for the Company or the third party designated by the Company, to use to copy, distribute, transmit, display, publish, publicly reproduce, duplicate, modify, translate, create derivative works, index, encode, change the format or adapt in any way or medium known or by knowing the Materials Contributed by the User. The Company will not pay any consideration for the permission granted to use the Materials Contributed by the User. The User expressly waives the moral rights that he may have over the Material Contributed by the User in terms of modifications or alterations to said material in ways not accepted or acceptable by the User.

By exposing, sending or making the Materials Contributed by the User available on the Websites, the User declares and guarantees that: (1) it possesses and will have sufficient rights with respect to said Materials Contributed by the User to grant the Company the right to license established in this clause; and (2) none of said Materials Contributed by the User or the license to the Company will infringe any copyright, patent, trademark, trade secret, or any other intellectual or industrial property right of a third party.


7. Association Tools.

The User who uses hyperlinks, between his web page and any of the web pages of the Websites, or the Services, or who use frames or meta-tags (metatags), (hereinafter, all the above collectively referred to as "Association Tools"), must meet the following conditions:

a) The User's website must contain, in a visible and easily accessible place, a clarification that establishes that there is no relationship between the User and the owners of the web pages accessed through hyperlinks from the User's page. or whose content appears included in any frame of the User's page.

b) Hyperlinks may only be made to the home page (home page) of the Website or the Services, and in no case may hyperlinks be made to internal pages (deep links).

c) The User may not create a browser or border environment on the web pages of the Websites and the Services.

d) The use of Association Tools may not induce the Internet user to a false, incorrect or inaccurate belief about the authorship and ownership of the Materials accessed through these Tools.

e) The use of Association Tools may not induce the Internet User to the false belief that there is a link, sponsorship, approval, authorization, supervision or other similar type of relationship, between the User or the materials or services contained in the User's website and Websites.

f) The use of Association Tools may not in any case be carried out in a way that implies an infringement, damage or deterioration of the brands, intellectual property, commercial image or prestige of the Company or of the people, activities, services and related products with the Company and / or the Websites.

g) The use of Association Tools may not in any case violate the rules and principles that regulate free competition.

h) The User's website may not contain any brand, trade name, establishment label, denomination, logo, slogan or other distinctive signs belonging to the Company, except: i) in case its use is restricted to the sign that it serves of hyperlink and whenever it is strictly necessary to fulfill the objective of the hyperlink in terms of identifying the access offered by the hyperlink, and ii) when its use has the sole purpose of identifying the source or authorship of the materials accessed through the hyperlink or displayed in a frame of the User's website.

i) The User who uses Association Tools that allow access to a Website, or to the Services or Materials accessed through the Websites, must clearly, visibly and conspicuously identify the ownership and origin of the Website , Service or Material.

j) The User's website in which an Association Tool is used may not include illegal content or content that is contrary to morals, good customs or public order.


8. User Responsibility.

The User accepts that the use of the Websites, Services and Materials is carried out freely and voluntarily by the User and under their sole and exclusive responsibility.

The User will indemnify and hold the Company harmless, including its owners, agents, representatives, executives, directors, employees, advisors, collaborators or licensors (the "Company Related"), as well as other Users or third parties, against any damage , loss, cost and expense (including, without restriction, reasonable legal fees and expenses), arising from or related to any demand, or claim, derived from any infringement in which the User incurs of the General Conditions of Use, of the Particular Conditions of Use, or of the declarations and guarantees contained herein. You must cooperate as much as is reasonably required in the defense of such claim. In any case, the Company reserves the right to assume the defense and exclusive control of any of these claims.

Notwithstanding the foregoing, if as a result of a User's breach of the General Conditions of Use, and / or the Particular Conditions of Use, if applicable, the Company is obliged to pay fines, compensation or other types of compensation, that result from the application of an administrative measure or a judicial resolution, the User must reimburse the Company the amount paid for such reason, within a maximum period of thirty days from the communication to the User of the request for reimbursement.


9. Exclusion of Guarantees.

The User accepts that the Websites, the Materials, the Services and the information, facts, opinions, advice, statements and content thereof (the "Contents"), are provided "as is", without guarantees of any kind, express or tacit, including without being limited to, guarantees regarding their quality, validity, veracity, suitability, usefulness, precision, accuracy or reliability.

The Company is not responsible for any damage or harm, of any nature whatsoever, that occurs as a result of or on the occasion or in relation to the use that the User makes of the Websites, the Services, the Materials or the Contents, whether the Services, Materials or Contents are offered or are housed inside or outside the Websites, and whether the Services, Materials or Contents are offered by the Company, by other Users or by third parties.

The User personally assumes the consequences of his decision to use the Websites, the Materials, the Services and the Contents. The use that the User makes of the Websites, the Materials, the Services and the Contents is at their sole risk. Neither the Company, nor those Related to the Company, will be liable to The User or any person for any direct or indirect loss, damage or harm, arising from the use that The User makes of the Websites, Materials, Services and the Contents, or the impossibility that the User has to make use of them or of any action taken as a consequence of their use. You now waive any action against the Company and those related to the Company derived from the use that you make of the Websites, the Materials, the Services and the Contents.

The information, suggestions or advice that appear on the Websites are intended to be a general guide for information and assistance purposes and in no way replace professional advice in personal, medical, legal, fiscal, accounting, financial or other matters. The User must consult an appropriate professional to obtain specific information according to their personal situation.


The Company does not guarantee in any case, nor is it responsible for the lack of:

a) The availability, continuity, accessibility, operation, operability, quality, legality, reliability, usefulness, validity, veracity, completeness, absence of viruses or other harmful elements of the Websites, Services, Materials or Contents.

b) The possibility of transmission, diffusion, storage, availability, reception, obtaining or access to the Websites, the Services, the Materials and the Contents.

c) Compliance with the law, morality, good customs or public order, in relation to the transmission, dissemination, storage, making available, access or obtaining the Materials, Services and Contents.

d) The legality, reliability, quality, usefulness, availability, continuity, accessibility, operation, operability, veracity or completeness of the information, absence of viruses or other harmful elements of the web pages or Services and Materials hosted outside the Websites.

e) The veracity, validity, completeness or authenticity of the information and Personal Data provided by the Users.

f) Compliance, by the Users, of the law, the General Conditions of Use, the Particular Conditions of Use that are applicable, morality, good customs or public order, in the access or use that they make of the Accessed Websites, Services and Materials.

g) Compliance with the rules on intellectual property, industrial property, free competition, consumer protection, rights of confidentiality or secrecy, right to honor, privacy and image of people; and in general, compliance with any rule that protects the rights belonging to a User or third party.

h) The total or partial fulfillment of the obligations contracted by third parties with the User.

i) The accuracy, veracity, validity, authenticity and exhaustiveness of the information that Users provide about themselves and that it is made accessible to other Users. The Company is not responsible, among others, for conducts that imply the identity theft of another User or a third party by a User.


10. Termination.

The Company reserves the right to offer access to the Websites or to certain Materials and Services under the condition that the User registers or registers and / or under the condition of payment of a price previously determined and informed to the User.

The Company also reserves the right to deny, cancel, interrupt, suspend or terminate the service of any User to access the Websites, Materials or Services at any time, without prior notice, and without expression of cause.


11. Absence of User rights.

The User shall not be understood to have been granted any license, authorization or any other right regarding intellectual property rights or of any other nature that belong to the Company, or any other right.


12. Claim Procedure for Intellectual Property Infringement

Any person who considers that one or more of the Materials that are hosted on the Websites violates an intellectual property right that belongs to him, must send the Company his claim in signed writing, or to the mail reclamosda@mercurio.cl, attaching the following background:

a) Name, address, telephone number and email address of the claimant and, in case of acting through a representative, the representative and accreditation of the power by which he acts.

b) Clear, precise and complete indication of the Materials included in the Websites that allegedly violate the intellectual property of the claimant and their location.

c) Expression of the grounds on which the claimant bases his intellectual property right over the Materials referred to in the previous letter.

d) Statement in which the claimant expresses that their intellectual property right over the Materials referred to in letter b) above has been violated, indicating that they have not given their consent for the use of said Materials.


13. Applicable law and dispute resolution.


The General Conditions of Use are governed by Chilean law. The User establishes his domicile in the city of Santiago,CL and submits to the jurisdiction of its courts of justice.