Last updated: January 1, 2025
1. ACCEPTANCE OF TERMS
Access and use of the website www.kunapak.com (hereinafter, the "Site") and the digital services, technological solutions, mobile applications, software, content, data, materials, and any product or service offered by Kunapak SpA (hereinafter, the "Services") are subject to these Terms and Conditions of Use (hereinafter, the "Terms").
By accessing, browsing, or using the Site or the Services, you declare and guarantee that:
- You have read and understood these Terms;
- You expressly and unequivocally agree to be bound by them;
- You possess sufficient legal capacity to contract and assume obligations.
If you do not agree with these Terms, entirely or partially, you must refrain from using the Site or the Services.
2. IDENTIFICATION OF THE PROVIDER
This Site and the Services are operated by Kunapak SpAKunapak SpA, RUT 76.960.902-4, a company incorporated under the laws of the Republic of Chile, with domicile at Guardia Vieja 202, office 403, Providencia, Santiago, Chile (hereinafter, "Kunapak").
For any inquiries, you can contact us via:
- Email: contact@kunapak.com
- Mailing Address: Guardia Vieja 202, oficina 403, Providencia, Santiago, Chile.
3. PURPOSE OF THE SITE AND SERVICES
Kunapak provides professional services and digital solutions aimed at the tourism sector, including, but not limited to:
- Design and development of websites for tourism destinations, organizations, and companies;
- Web hosting services, servers, and technical maintenance;
- Implementation and management of Content Management Systems (CMS);
- Development, integration, and commercialization of specialized software for digital marketing, destination management, tourism data analysis, and statistics visualization;
- Creation of interactive digital tools (e.g., maps, databases, directories);
- Web traffic analysis, reports, and analytical dashboards;
- Digital marketing services, SEO positioning, online advertising campaigns, and social media;
- Integration of mobile applications, booking systems, and payment gateways;
- Strategic consulting in digital transformation for public and private entities in the tourism sector.
El contenido del Sitio es meramente informativo y promocional. Kunapak se reserva el derecho de actualizar, modificar, interrumpir o suprimir parcial o totalmente los Servicios o el contenido publicado en el Sitio, en cualquier momento y sin previo aviso.
4.SITE USE CONDITIONS
Access to the Site is free, except for the cost of the internet connection contracted by the user. However, certain Services may be subject to:
- Prior User Registration;
- Acceptance of specific conditions;
- Payment of established fees.
It is strictly prohibited:
- Using the Site or the Services for illegal or fraudulent purposes;
- Introducing or spreading computer viruses or any malicious software;
- Attempting to access, use, or manipulate Kunapak's or third parties' data without authorization;
- Carrying out activities that may harm the reputation, image, or interests of Kunapak or its clients;
- Using scraping techniques, data mining, or automated data extraction without the written authorization of Kunapak.
5. USER REGISTRATION
To access certain areas of the Site or specific Services, it may be necessary to create a user account.
The user guarantees that all information provided is truthful, up-to-date, and complete. Kunapak reserves the right to suspend or cancel accounts in case of non-compliance with these Terms or current legislation.
The user is responsible for maintaining the confidentiality of their access credentials and for all activities carried out from their account.
6. INTELLECTUAL PROPERTY
All content present on the Site, including, without limitation, texts, images, graphics, logos, icons, videos, audio files, databases, software, designs, source codes, and navigation structure, is the exclusive property of Kunapak or of third parties who have granted licenses for its use.
It is strictly forbidden to reproduce, distribute, publicly communicate, transform, extract, reuse, or exploit the content of the Site in any way without the express written authorization of Kunapak.
7. TRADEMARKS
“Kunapak” and all related logos and distinctive signs are registered trademarks or are in the process of registration owned by Kunapak SpA.
The unauthorized use of any trademark or distinctive sign is liable to generate legal actions, including civil and criminal ones, in accordance with Chilean industrial property regulations.
8. THIRD-PARTY CONTENT AND EXTERNAL LINKS
The Site may contain links or references to third-party websites. Kunapak exercises no control over such sites and is not responsible for their content, truthfulness, legality, availability, or privacy policies.
Access to third-party sites is done under the exclusive responsibility and risk of the user.
9. EXCLUSION OF WARRANTIES
Kunapak declares that the Site and the Services are provided “as is” and “as available,” without warranty of any kind, express or implied, including, but not limited to:
- Warranties of merchantability;
- Fitness for a particular purpose;
- Absence of errors, viruses, or harmful elements;
- Accuracy or reliability of the information
Kunapak does not guarantee that the Site or the Services will function without interruptions or technical errors.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by Chilean law, Kunapak shall not be liable for:
- Direct, indirect, incidental, special, punitive, or consequential damages arising from the use or inability to use the Site or the Services;
- Loss of profits, revenue, data, or business;
- Technical failures, viruses, or any malicious software.
The use of the Site and the Services is done under the exclusive responsibility of the user.
11. PERSONAL DATA AND PRIVACY
Kunapak will process the personal data collected in accordance with its Privacy Policy published on the Site, and in compliance with Law N° 19.628 on the Protection of Private Life and other applicable Chilean regulations.
The user expressly consents that Kunapak may collect, process, and store their personal data for the purposes of:
- Provision of the Services;
- Administrative and accounting management;
- Statistical analysis and improvements to the Site;
- Sending commercial or promotional information, provided the user has given their express consent.
12. CONFIDENTIALITY
All confidential, technical, commercial, or strategic information that the user accesses as a result of their relationship with Kunapak must be kept in strict confidentiality, unless there is prior and written authorization.
This obligation shall persist even after the termination of the relationship between the user and Kunapak.
13. INDEMNIFICATION
The user agrees to indemnify and hold harmless Kunapak, its employees, directors, and affiliates, against any claim, damage, loss, or expense (including attorneys' fees) arising from:
- Breach of these Terms;
- Misuse of the Site or the Services;
- Violation of third-party rights, including intellectual property rights.
14. MODIFICATIONS TO THE TERMS
Kunapak reserves the right to modify, update, or suppress, totally or partially, these Terms at any time. The modifications will come into effect upon their publication on the Site.
It is the user's responsibility to periodically review the Terms to be aware of possible changes.
15. APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Chile, excluding its rules on conflict of laws.
For all controversies arising from the access or use of the Site or the Services, the user and Kunapak submit to the jurisdiction of the ordinary courts of justice of the city of Santiago, Chile, expressly waiving any other venue that might correspond to them.
16. CONTACT
For any query, doubt, or request related to these Terms, the user may contact Kunapak at:
- Email: contact@kunapak.com
- Mailing Address: Guardia Vieja 202, office 403, Providencia, Santiago, Chile
