Terms of service

You can review our app-specific Terms and Conditions [here]

TERMS AND CONDITIONS OF USE

INTRODUCTION

Please read these Terms and Conditions carefully before using this website and any "ALARA" content on social media sites (including without limitation Facebook, TikTok, Youtube, Instagram and LinkedIn) (collectively: the Site). These Terms and Conditions shall apply to and be deemed incorporated into all visits to and use of the Site, as well as the Content (as defined below), information, recommendations, products and/or services offered to you on or through the Site. By accessing and using the Site, you accept these Terms and Conditions in their entirety, as well as any other laws or regulations that may apply to the Site and the Internet. If you do not accept these Terms and Conditions in their entirety, please leave the Site.

SITE OPERATOR

The Site is operated by "ALARA SpA", (hereinafter ALARA) a joint stock company legally constituted under the laws of the Republic of Chile, RUT N° 77.720.938-8, domiciled at AVENIDA KENNEDY 5600, VITACURA.

CONTENT

All content appearing on the Site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (Content), is the property of "ALARA" and its affiliated companies, its licensors and/or its content providers. All elements of the Site, including, but not limited to, the general design and the Content, may be protected by copyright, moral rights, database rights, trademark regulations and other laws relating to intellectual or industrial property law. Except as expressly permitted in this or any other agreement with "ALARA", no part or element of the Site or its Content may be copied or retransmitted by any means. The Site, its Content and all related rights will remain the exclusive property of "ALARA", its affiliated companies, or its licensors, unless otherwise expressly agreed. All rights are reserved.

COPYRIGHT AND TRADEMARKS

The copyright in all Content belongs and will continue to belong to "ALARA", its affiliated companies, or its licensors as applicable. Except as otherwise provided in specific documents on the Site, you are authorized to view, reproduce, print and download Content found on the Site solely for personal, informational and non-commercial purposes. You may not modify the Materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You may not reuse any content without first obtaining the consent of "ALARA". For purposes of these Terms, the use of such Content on any other website or networked computer environment is prohibited. You may not remove any copyright, trademark or other proprietary notice from the Content located on the Site.

All trademarks, service marks, logos and trade names appearing on "ALARA" products, whether registered or unregistered (including, but not limited to: the "ALARA" word mark, (other logos or marks that "ALARA" may have) remain the exclusive property of "ALARA" and are protected by applicable trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, mail, transmit, distribute or modify the Trademarks in any way, including product packaging and advertisements or publicity relating to the distribution of material from the Site, without the prior written consent of "ALARA". written express from "ALARA".

DISCLAIMER OF WARRANTIES

The Site and Content are free of charge and provided “as is” without warranty of any kind. The information on the Site is for general information purposes only and does not constitute advice.

"ALARA" does not represent or guarantee that the information and/or services included in the Site are accurate, complete or current, nor that the Site or the server that makes the Site available are free of viruses or any other harmful components. Furthermore, "ALARA" will not provide any specific IT infrastructure or connectivity. Therefore, "ALARA" cannot represent or guarantee that the Site will be uninterrupted or error-free. "ALARA" makes no warranties or representations regarding the use of the Content on the Site in terms of accuracy, precision, suitability, usefulness, timeliness, reliability, etc. but in accordance with the law.

LIMITATION OF LIABILITY

Your use of the Site is at your own risk. Neither "ALARA", nor any of its employees, managers, directors or agents, nor any other party involved in the creation, production or distribution of the Site will be liable for any direct, indirect, special, consequential or other damages resulting from the use of the Content on the Site, or the inability to use it, including damages caused by viruses, inaccuracies, incomplete information on the Site, or performance of products, or any other damages arising from or in connection with these Terms and Conditions except in accordance with the law.

LINKS TO THIRD PARTIES

For your convenience and to enhance the use of the Site, links may be provided from time to time to websites owned and controlled by third parties. These links take you outside the service and the "ALARA" Site and are beyond the control of "ALARA". This includes links to our partners who may use the "ALARA" Trademarks as part of a co-branding agreement. Sites to which you may link have their own independent terms and conditions, as well as their own privacy policy. "ALARA" is not responsible and cannot be held responsible for the content and activities of these sites. Therefore, your visit or access to these sites is under your sole responsibility.

Please note that these other sites may send their own cookies to users, collect data or solicit personal information and you are therefore advised to check the terms of use and privacy policies of these other websites before using them.

MISUSE OF THE SITE

You are prohibited from using the Site to submit or transmit any User Generated Content (as defined below) that infringes or may infringe any intellectual property rights of any third party or that is threatening, false, misleading, subversive, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminatory or unlawful, or that may constitute or encourage conduct that could be considered a criminal offense, or that could otherwise give rise to civil liability or violate any law. "ALARA" may deny you access to the Site at any time in its sole discretion, and this may include situations in which "ALARA" believes that your use of the Site violates any of these Terms and Conditions and/or applicable laws.

Likewise, you are prohibited from using the Site to advertise or make an offer of goods or services not expressly authorized, in advance and in writing by "ALARA".

USER GENERATED CONTENT

"ALARA" informs you that in accordance with applicable law, all opinions, observations, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or any other user of the Site submit to the Site or transmit using the Site (User Generated Content) will be considered non-confidential and non-private. "ALARA" only acts as a passive channel for the distribution of User Generated Content and does not assume any responsibility or liability to you or any third party regarding the content or accuracy of the User Generated Content. "ALARA" will not continuously monitor User-Generated Content posted by you or moderate between users, and will not have any obligation to do so. Without prejudice to all of the foregoing, "ALARA" clarifies that any observations, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of "ALARA". Any use by you of User Generated Content is solely at your own risk. "ALARA" assumes no responsibility or liability that any User-Generated Content submitted or transmitted by you is originally yours, and does not copy the work of any third party or otherwise infringe any third party's intellectual property rights, privacy rights or personality rights, and does not contain any defamatory or libelous statements. "ALARA" may take actions to indemnify "ALARA" and collect for any costs, expenses, damages, losses and liabilities incurred or suffered by "ALARA" or its parties in connection with any user-generated content submitted or transmitted by you or for any other use of the Site by you.

"ALARA" reserves the right, at its sole discretion, to block or remove (in whole or in part) any User-Generated Content submitted or transmitted by you that appears to "ALARA" to be inconsistent with these Terms and Conditions (including materials that infringe or may infringe third party intellectual property rights, privacy rights or rights of personality) or that are otherwise not considered acceptable by "ALARA".

We would appreciate prompt written notification to "ALARA" (see how to contact us below for contact information) of any user-generated content (or any other content) that violates these Terms and Conditions. We would appreciate providing "ALARA" with the necessary information so that "ALARA" can investigate whether such User-Generated Content (or any other content) violates these Terms and Conditions. "ALARA" will use its best efforts to investigate any complaint and will take, in its sole discretion, any measures that "ALARA" deems appropriate. However, "ALARA" does not guarantee or represent that it will block or delete (in whole or in part) such user-generated content or any other content.

CONTACT

If you have any questions or comments about the Site or these Terms and Conditions or if you wish to make a complaint in relation to the Site (or its Content), contacto@alara.cl

VARIATION IN TERMS AND CONDITIONS

"ALARA" reserves the right, at its sole discretion, to change, modify, add or remove any part of these Terms and Conditions at any time. Please check these terms periodically to inform yourself of any such changes. Your continued use of the Site after changes to these Terms and Conditions are posted will mean you accept those changes.

SEPARABILITY

Each provision of these Terms and Conditions shall be construed separately and independently of the other provisions. If any provision is deemed invalid, void or ineffective, such provision will be deemed severable and will not affect the effectiveness of the remaining provisions of these Terms and Conditions.

ONLINE PURCHASES THROUGH THE SITE

By accepting the terms and conditions, the user agrees that:

The colors of the products seen in the photos may vary due to multiple factors, including screen settings. Products are subject to availability. In photographs of the products offered at "ALARA", there will be other separate products that complement our products, which do not necessarily have to be in stock. If you wish to contract, request information, access special promotions or make payments on this site, the user must be of legal age (18 years in Chile) and is responsible for their account; Your password must be confidential, personal and non-transferable. In case of unauthorized activity, the page must be notified immediately.

"ALARA" markets products that can be used by children, which can only be purchased by those over 18 years of age (adults) through any of the payment methods available on the site. If you are under 18 years of age, you may use this site only through your parents or legal representative.

The exchange rate will be in Chilean Pesos (CLP), which include VAT.

EMERGENCY USE – NOT A SUBSTITUTE FOR EMERGENCY SERVICES

ALARA products and services constitute a support tool for personal safety, but they are not (i) an emergency service, (ii) a 24/7 monitoring system, or (iii) a guarantee of prevention or outcome against incidents. The correct functioning of ALARA may depend on external and/or third-party factors, such as: power and battery availability of the device and/or phone, compatibility of mobile equipment, operating system configuration, permissions granted to the application (including running in the background, Bluetooth, notifications and location), internet connectivity/mobile data, network coverage, interference, distance and quality of the Bluetooth link, device maintenance, and/or the correct functioning of emergency contacts defined by the user.

In case of emergency, the user must contact immediately to the competent services and not depend exclusively from ALARA to request help (for example: Carabineros 133, Ambulance 131, Firefighters 132, PDI 134, or other applicable local numbers).

SPECIAL LIMITATION OF LIABILITY IN EMERGENCIES

To the maximum extent permitted by applicable law, ALARA will not be responsible for any damage, harm, loss, injury, death, moral damage, loss of profits or consequential damage, direct or indirect, arising from or related to: (i) the impossibility, failure, interruption, delay or error in the activation or transmission of alerts; (ii) failures attributable to external factors, third parties or the user themselves (including, without limitation, those described in the previous clause); and/or (iii) lack of response or late response from contacts defined by the user or third parties.

Without prejudice to the foregoing, and always in accordance with the law, the total and cumulative liability of ALARA for any claim related to the use of the device or associated services will be limited, at most, to the amount actually paid for the product corresponding. Nothing indicated here is intended to exclude or limit responsibilities that cannot be excluded or limited in accordance with mandatory regulations, nor affect the inalienable rights of the consumer when applicable.

PROMOTIONS

The promotions offered on "ALARA" are not necessarily the same as those offered by other sales channels used by sellers, such as physical stores, press, catalogs or others, unless expressly stated on this Site or in the advertising carried out by the Offering Companies for each promotion. In cases where the Site contains promotions that consist of free or discounted delivery of one product for the purchase of another, then the delivery of the good that is delivered free of charge or at a reduced price will be done in the same place to which the purchased product is delivered.

RIGHT OF WITHDRAWAL, WITHDRAWAL OR CANCELLATION

In purchases made through the ALARA website, application or other official channels, the right of withdrawal, withdrawal, cancellation or return of the product will depend on the applicable legislation in the consumer's country, the type of product purchased, the sales channel used and the specific conditions informed at the time of purchase.

When local regulations grant the consumer inalienable rights regarding withdrawal, withdrawal, cancellation or return, these rights will prevail over any general provision of these Terms and Conditions.

The conditions, deadlines, exclusions and procedures applicable to changes, returns or cancellations may be additionally informed on the website, at checkout, in a specific returns policy or through ALARA's official customer service channels.

ALARA WARRANTY

ALARA products have the minimum mandatory legal guarantee that is applicable in accordance with the mandatory legislation of the country of purchase or the country of the consumer, as applicable. In Chile, the legal guarantee is 6 months counted from the date of purchase or receipt of the product. In those countries where the applicable legislation establishes a minimum legal guarantee of 6 months, ALARA will recognize this period as the legal minimum. If the applicable local regulations establish a longer period, that period will prevail insofar as it is mandatory.

What does the warranty cover?
The warranty covers, to the extent permitted by applicable law, manufacturing defects that affect the normal operation of the product, technical failures that prevent its use in accordance with the reported specifications and structural damage or visible defects attributable to the product at the time of delivery.

What rights can the consumer have?
When a product presents a failure or defect covered by the warranty, the consumer may exercise the rights granted by applicable legislation, which may include, as appropriate, repair of the product, exchange for a new or equivalent one, money back or other corrective measures recognized by local regulations. The availability, order or origin of these alternatives will depend on the applicable law in each case.

How to exercise the guarantee?
To request a review of a possible failure or defect covered by warranty, the consumer must prove the purchase by receipt, voucher, order number or other reasonable equivalent means, and follow the after-sales or returns procedure informed by ALARA through its website, application or official service channels. ALARA may request reasonable background information to evaluate the case, such as photographs, videos, description of the problem and, when necessary, the shipping or making available of the product for technical review.

What is not covered by the warranty?
Unless otherwise provided by local law, the warranty does not cover normal wear and tear resulting from ordinary use of the product, damage caused by misuse, impact, humidity, improper handling or use contrary to instructions, unauthorized alterations or repairs, or personal consumer preferences regarding design, size, color or style when there is no product fault or defect.

Correct use of the product
ALARA is a personal safety support device and must be used following the instructions, manuals and recommendations provided by the brand to promote its correct functioning.