1. INFORMATION ABOUT THE COMPANY.


• Owner: LAN CARGO S.A. d/b/a LATAM CARGO
• Legal address: Avenida Presidente Riesco N°5711, 20th floor, Las Condes, Santiago, Chile


2. OBJECTIVES AND SCOPE.



2.1. These Terms regulate the access, navigation and use of the Website, which offers users various services connected to the contracting of air cargo transportation.

2.2. By using the Website and agreeing with these Terms, the user declares to know and agree with the "GENERAL CONDITIONS FOR TRANSPORT" available for consultation here , as well as with the Privacy Policy available for consultation here.

2.3. By using the Website and agreeing with these Terms, the user declares: (i) to be over 18 (eighteen) years of age, civilly capable in accordance with local legislation and criminally responsible; and/or (ii) be the owner or legal representative of the legal person whose data was informed at the time of registration.

2.4. Access to certain content and the use of certain services may be subject to specific conditions, which will be clearly presented and must be expressly accepted by users. These special conditions may replace, complete or, when appropriate, alter these Terms.

2.5. To access certain pages and/or resources of the Website, the user must eventually register and create an account, with a personal and non-transferable login and password. For greater user security, the use of easy passwords is not recommended, such as name, vehicle license plate, telephone number, anniversary date, among others, in addition to recommending the periodic change of the password. Only computers with adequate security features should be used. We do not recommend using untrusted computers or unsecured public networks. The user assumes, in this act, full responsibility for the protection and confidentiality of his login and access password, including its improper use by third parties, and is individually liable for any damages or damages due to access by third parties.

2.6. In the event that LATAM Cargo identifies any irregularity in the registration or in the use of the Website, or in the event that the user does not confirm the information declared when requested, the user's access to the Website and its services may be exclusively blocked. discretion of LATAM Cargo, without prejudice to the verification and collection of eventual damages caused and/or other measures considered necessary.

2.7. LATAM Cargo reserves the right to alter the presentation, configuration and content of the website, as well as the necessary conditions for access and/or use, at any time, with or without prior notice. The access and use of the content of the site after the entry into force of its alterations or changes implies acceptance of them. The user agrees that LATAM Cargo will have no responsibility or any obligation to the user or third parties due to any alteration, interruption, suspension or deactivation of the website or the services related to it.

2.8. LATAM Cargo reserves the right, at any time, to alter, add and/or remove any clauses or conditions of these terms, totally or partially, publishing any changes in the same way that these terms arise or through any type of communication. user oriented. However, the user is responsible for checking the terms regularly. The user must accept the updated terms to continue using the website, and must discontinue use if they do not agree with the new terms.



3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.



3.1. All intellectual and/or industrial property rights related to LATAM Cargo and the Website, without limitation, and any request for protection of this nature, and all rights to confidential processes, moral rights, technical knowledge and inventions (whether or not subject to registration or patent), are the exclusive property of LATAM Cargo or of a third party that has authorized their use, being protected by international laws and treaties, their copying, reproduction or any other type of use being prohibited, violators being subject to sanctions. corresponding civil and criminal, according to legal legislation.

3.2. The brands, trade names, distinctive signs or logos of any kind presented through the Website are the property of LATAM Cargo or of a third party that allowed their use, so that the use of the Website does not consist of authorization for the user to carry out any type of use or disposition of such elements.

3.3. In no case will it be understood that the access, navigation and use of the Website by the user implies a waiver, transmission, license or total or partial assignment of these rights by LATAM Cargo. The user has the right to use the contents and/or services of the Website within a strictly domestic environment.

3.4. In the event that the user sends information of any kind to LATAM Cargo through any of the enabled channels, the user declares, assures and accepts that they have the right to do so freely, that such information does not violate any rights of third parties, and that such information is not of a confidential nature nor is it harmful to third parties. LATAM Cargo is not responsible in the event that the user uses, inserts, manipulates or presents content authored by a third party as being his own or, even, that he does so falsely, claiming that he has authorization.

3.5. Despite remaining as the owner of the moral and economic rights over eventual author content inserted in the Website, the user grants LATAM Cargo, its subsidiaries, affiliates and sub-contractors, a non-exclusive license to use, distribute, reproduce , altering, adapting, publishing, translating, executing or publicly displaying in any form or medium, known or not, all the content submitted by the user on the Website, license that is granted free of charge and irrevocable while these Terms last.



4. LINKS.

• 4.1. LINKS TO OTHER WEBSITES.

• 4.1.1. In the event that the Website presents links to other websites, LATAM Cargo informs that these are managed exclusively by third parties, and there is no type of relationship, collaboration or dependency between LATAM Cargo and those responsible for the website. LATAM Cargo does not have the human or technical means to know in advance and/or control and/or approve all the information, content, products or services provided by other websites, even when they can be accessed from this Website.
• 4.1.2. LATAM Cargo does not assume any responsibility for any aspect related to the websites for which access can be established from the Website, specifically, but not exclusively, their operation, access, data, information, files, quality and reliability of their products and services. , its own links and/or any of its contents in general.
• 4.1.3. If users have effective knowledge that the activities carried out through these third-party websites are illegal and/or illegal, they must immediately notify LATAM Cargo in order to proceed to deactivate the access link as quickly as possible.

• 4.2. TOOLS AND APPLICATIONS FROM OTHER WEBSITES

• 4.2.1. LATAM Cargo makes available to users, through different tools and applications, means that allow access to LATAM Cargo profiles and pages on other platforms and social networks. The sole purpose of installing these applications on the Website is to facilitate user access to these profiles and pages.
• 4.2.2. The establishment of these tools and application does not imply the existence of any relationship between LATAM Cargo and the owner of the platform or the targeted social network, nor the acceptance and approval by LATAM Cargo of its content and/or services, its owner being the solely responsible for them.
• 4.2.3. LATAM Cargo does not share any type of personal information about its users with such external websites. All the information that the user wishes to provide to these platforms and/or external websites will be under their own responsibility, and LATAN CARGO will not intervene in this process.

• 4.3. LINKS TO OTHER WEB PAGES FOR THE WEBSITE

• 4.3.1. LATAM Cargo does not authorize the establishment of a link to this Website from other websites that contain illicit, illegal, degrading, obscene material, information or content and, in general, that violates applicable legislation.
• 4.3.2. Users can establish links on their respective websites as long as they request prior and express authorization from LATAM Cargo.
• 4.3.3. LATAM Cargo does not assume any type of responsibility for any aspect related to the websites linked to the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links. and/or any of its contents in general.



5. USER LIABILITY AND PROHIBITED CONDUCT.



5.1. The user will assume any and all civil and/or criminal liability before LATAM Cargo and third parties for the breach of their obligations, for the inaccuracy of the declarations and for any other illegal conduct committed, under penalty of promptly indemnifying LATAM Cargo and/or third parties for damages from such breaches and illegal acts.

5.2. By agreeing with these Terms, the user undertakes, without prejudice to the other obligations herein, to: (i) use the Website responsibly and in good faith, within the limits established by these Terms and the functionalities associated with the Website; (ii) create and keep safe your access password, when applicable; (iii) keep your contact information and other personal data updated and correct; (iv) notify LATAM Cargo of any changes to your registration or deactivation of your account; and (v) fully and punctually pay the amounts corresponding to the Platform services.

5.3. The user is responsible for the veracity, accuracy, completeness and timeliness of the information inserted for registration purposes, and is fully responsible for any damage and/or violation of the rights of LATAM Cargo or third parties. In the event that the information inserted leads to any type of damage or harm, LATAM Cargo may take the applicable measures to protect its interests and rights, as well as the integrity and rights of third parties.

5.4. It is not allowed and, therefore, its consequences will be the sole responsibility of the user, the access or use of the Website for illegal or unauthorized purposes, with or without economic purpose and, more specifically, it is prohibited, among other conducts:

• a) Produce, make available, disseminate or transmit any content that: (i) Is contrary to any rule of Brazilian law, as well as morality and generally accepted good customs, or that encourages any form of discrimination or violence; (ii) Is illegal or immoral, such as: harmful, racist, offensive, insulting, defamatory, slanderous, pornographic material, related to minors in any aspect and especially child pornography or exploration; or (iii) It is protected by any intellectual or industrial property rights that belong to third parties, without the user having previously obtained the necessary authorization from their owners to make the use that they make or intend to make;
• b) Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its functionality or in the computer of third parties;
• c) Improper use of the login and/or password of third parties;
• d) Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
• e) Use the Website to collect personal data from other users;
• f) Register through the Website under a false identity, impersonate third parties or use a profile or perform any other action that may mislead other users as to the identity of the origin of a message;
• g) Unauthorized access to any section of the Website, any LATAM Cargo server or services offered through the Website, through hacking or forgery, password extraction or any other illegitimate means;
• h) Breaking, or attempting to break, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the content offered on the Website;
• i) Reproduce, duplicate, copy, alter, adapt or commercialize the solutions related to the Website or create derivative works based on such solutions;
• j) Carry out any action that causes disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of LATAM Cargo, as well as in the systems and networks connected to the Website; either
• k) Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation of them, either by falsifying their results and/or using fraudulent methods of participation, through any procedure, and/or through any practice that violates these Terms in any way.

5.5. Failure to comply with any of the obligations mentioned above by the user may result in the adoption, by LATAM Cargo, of the appropriate measures protected by law and in the exercise of their rights or obligations, and may lead to the elimination or blocking of the account of the violating user, who will not be entitled to any type of compensation related to the elimination or blocking of the account.



6. RESPONSIBILITIES AND GUARANTEES.



6.1. LATAM Cargo does not offer guarantees other than those expressly described in these Terms. LATAM Cargo does not guarantee that the functions contained in the Website will meet the needs of the user, that its operation will not be interrupted or error-free, that any service will continue to be available, that defects in the service will be corrected or that the Website will be compatible or it will work with any third party service, apps or services.

6.2. LATAM Cargo cannot guarantee the reliability, usefulness or veracity of all the information and/or services present on the Website, nor the usefulness or veracity of the documentation made available through it.

6.3. Consequently, LATAM Cargo does not guarantee nor is it responsible: (i) for the continuity of the content of the Website; (ii) due to the absence of errors in the aforementioned content; (iii) due to the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) due to the invulnerability of the Website and/or the impossibility of violating the security measures adopted on it; (v) due to the lack of usefulness or performance of the content of the Website; (vi) due to unavailability, errors or failures presented by the Website by virtue of a fortuitous event or force majeure or attacks by hackers or third parties outside the control of LATAM Cargo; (vii) due to errors or eventual inconsistencies in the transmission of data, due to the quality or availability of the Internet connection, which prevent the proper reception of information by the Website or by the user; and (viii) for damages or losses caused, to himself or to third parties, by any person who violates the conditions, rules and instructions that LATAM Cargo establishes on the Website or through the violation of the Website's security systems.

6.4. LATAM Cargo declares that it has adopted all the necessary measures, within its capacities and of the latest generation, to ensure the functioning of the Website and to reduce system errors to a minimum, both from a technical point of view and from the content published on the Website.

6.5. If the user becomes aware of the existence of any illegal, illegal content, contrary to the law or that may imply a violation of intellectual or industrial property rights, of the applicable regulations on the protection of personal data and/or of any other right, you must immediately notify LATAM Cargo so that it can take the appropriate measures.

6.6. LATAM Cargo does not carry out control or prior moderation of the content generated by users or third parties, the author of the content being the sole and exclusive responsible, civilly and criminally, for the published content. However, LATAM Cargo may exclude or restrict content that, at its sole discretion, violates these Terms or applicable legislation, as well as may suspend or cancel access to the Website for users involved with the violating content, without prejudice to other measures. applicable.

6.7. LATAM Cargo is not responsible for the veracity, integrity or updating of the information published on the Website from sources outside the Website (external news, reports from external professionals, etc.), nor for the information contained in other Web portals through through links from the Website.

6.8. LATAM Cargo will not assume responsibility for any hypothetical damage that may be caused by the use of the aforementioned information.



7. PRIVACY AND COOKIES POLICY



7.1. LATAM Cargo undertakes to act in accordance with current local legislation on the protection of personal data.

7.2. The Privacy Policy, which will be available for reading at any time here, will include all the information regarding the collection, storage and processing of personal data related to the use of the Website and the services.

7.3. The Privacy Policy is an integral and inseparable part of these Terms, so that, by accepting these Terms, the user still declares to know and agree with the provisions of the Privacy Policy.



8. VALIDITY AND DISCONTINUITY



8.1. These Terms will be in force for an indefinite period, entering and remaining in force from the date of their acceptance by the user.

8.2. LATAM Cargo may, at its sole discretion, suspend or cancel access to the Website granted to the user when any violation or breach of these Terms occurs, and/or when any of the following events occur, but not limited to: ( i) inaccuracy of the statements assumed or provided by the user in the registration form; (ii) compromise by the user of the public image of LATAM Cargo and/or any associated company; (iii) judicial order or legal and competent requirement of state authority; (iv) request of the user himself; (v) alteration or deactivation of the service or the Website; (vi) fortuitous event, force majeure and/or security issues; (vii) for the alleged practice of any fraudulent or illegal activity by the user, at the discretion of LATAM Cargo; (viii) for inappropriate use of the Website, at the discretion of LATAM Cargo; and/or (ix) for breach by the user of any obligations, values, payments due by virtue of the services, when applicable.

8.3. In the event of the occurrence of any of the hypotheses provided for in the clause above, the user agrees to compensate LATAM Cargo for all costs, expenses, operating charges and eventual compensation, as well as the user will not be entitled to any type of compensation related to the suspension or cancellation of access.



9. APPLICABLE LAW AND COMPETENT JURISDICTION



9.1. Any difficulty or doubt about the validity, application or interpretation of the information available on our website will be resolved by the Courts of Justice of the country of residence of LATAM Cargo.

9.2. To contact us or submit claims in the use of our services, please send your message to the email or postal address indicated in the "Contact Center" of the Website, which can be accessed by clicking here. We promise to always seek an amicable solution to the conflict.

Last update: June 2023.