Terms and Conditions

ALGRAMO TERMS AND CONDITIONS OF USE

Acceptance of Terms and Conditions of Use

The terms and conditions of use of the Algramo App (“Terms and Conditions”) are agreed by you and by Algramo SpA (“Algramo”). They govern the access and use of the Algramo App (“App”), including all content, functionality and services offered.

Please carefully read these Terms and Conditions before registering in the App, since by using this platform you will agree to fully comply with and respect its contents.

If you do not wish to accept the Terms and Conditions, please refrain from accessing and using this App.

Obligation of the parties and user responsibility

Algramo commits to:

  1. Offer you Services as described herein, in the Terms and Conditions.
  2. Keep you duly informed of the associated business premises, the availability and location of the Tricycles and the range of home Refill coverage.
  3. Keep you informed regarding any modification or necessary change performed on the Smart Containers and/or of new Products available in the App.
  4. Notify you of the changes we make to the Terms and Conditions.
  5. Give you accurate and timely information regarding your Account.

Not to use the Smart Containers for any purpose other than what is expressly established in these Terms and Conditions, for the Services described and/or that indicated in the App.

6.    Not to distribute your personal information or individualized usage pattern data to any party without your express consent.

 

To make good use of the Service and of the Smart Containers, you (the user) commit to the following obligations:

  1. Refill your Products in their corresponding Smart Container.
  2. Keep your Smart Containers clean and in Good Condition.
  3. Replace or stop using Smart Containers if they are broken, cracked, worn, torn, or subject to any other type of damage you are aware of.
  4. Only use Smart Containers for Refill with Products in the Algramo system.
  5. Check Smart Containers prior to each Refill, to ensure they are in Good Condition in order to avoid spills, or any other unforeseen circumstances which could alter the correct Service or quality of the Products.
  6. Only use the Services and/or the App for individual consumption and not for commercial purposes, including, but not limited to, reselling, distribution or exports of the Products or Smart Containers.

 

Limitation of Liability

By no means whatsoever will Algramo, its affiliates, licensors, service providers, employees, agents, officers or directors be held responsible for any damages, including, but not limited to damages, and direct, indirect, foreseeable or unforeseeable damages, lost profits, consequential damages, physical and moral damages and the loss of data, damages to property and any other damages derived from or related to acts alien to us or of your improper use or misuse of the Smart Container, the Services, and /or the App. to the use of the same in contravention of the provisions of these Terms and Conditions, of the instructions for use of the Smart Containers, of the instructions for use of and warnings of the Refill or Recharge Products or of the current or future regulations that replace it.

Algramo will not be held responsible, for reasons beyond its control including – but not limited to – events or factors of force majeure, regulatory or regulatory changes or sanctions, or if you cannot access the App and/or the Services.

Notwithstanding the fact that our Smart Containers are designed to have prolonged durability, this does not imply the granting of an implicit or explicit guarantee of satisfaction of any other type, beyond the guarantees that cannot be excluded or limited under the law applicable.

Algramo will not be held liable for any [complaint] tied to the Product being sold in the machine. If you encounter any quality problem or are unsatisfied with the Products purchased, contact the brand of the Product directly, whose information can be found on the label of the Smart Container.

The above mentioned does not imply in any way an early waiver of the rights that assist the consumer under Chilean Law Nr.19.496 [and other US equivalents] that establishes the rules on the Protection of Consumer Rights.

Indemnity Guarantee

Upon accepting these Terms and Conditions, you declare and accept to hold harmless and to hold harmless to the fullest extent permitted by the law, Algramo and its affiliates, licensors and suppliers, as well as its corresponding officers, directors, employees, contractors, agents, successors and assigns for all and any claims, responsibility, damages of any nature, judgments, awards, losses, costs, expenses or fees (which include without limitation) that may arise or are directly linked with a violation on your part to these Terms and Conditions, to the Services and/or to that informed in the App, to the Smart Container Use Instructions or to that of the Products, of the applicable regulations, without prejudice to the fact that we also reserve the right to exercise all judicial, extrajudicial and/or administrative actions established by the law to pursue your responsibility.

Links

The Algramo App as well as the Algramo website, may contain links to other websites and resources provided by third parties, which are provided for your convenience, including links for advertising (banners and sponsored advertising). Algramo has no control over third-party websites or resources, therefore it assumes no responsibility for them, nor for a loss or damage that may arise from their use. If you decide to access these websites or resources, it is at your own risk and subject to the terms and conditions of use applicable to those third-party websites or resources.

License

Algramo grants a free, non-exclusive, non-transferrable and revocable license to use the App on your device for non-commercial purposes and subject to compliance of these Terms and Conditions. Unless you are previously expressly authorized by Algramo in writing, you cannot sell, copy, exchange, lend or license, sub-license, transfer, publish, distribute, use reverse engineering, adapt or modify in any way (except when expressly allowed by law) the App or any Algramo intellectual property.

All developments, concepts, inventions, patents, copyrights, and any other type of industrial or intellectual property that derives directly or indirectly from the application or the use and/or exploitation thereof, are and will be to all extent, the exclusive property of Algramo or of the respective licensors.

Intellectual Property Law

The App an all its contents, characteristics and functionality (which includes, but is not limited to, all the information, software, text, layout mode, images, videos, audio, design and selection and organization) belongs to Algramo or to its authorized licensors and are protected by the Chilean Laws and International Regulations on Copyrights, brands, patents, industrial secrets and other laws pertaining to intellectual property.

These Terms and Conditions allow you to use the App for personal use only, and not for commercial purposes.

You will not reproduce, distribute, create derivate works, adapt or modify in any way, exhibit or expose to the public, repeat posts, download, store nor transmit all or any part of the App or part of or all of the material contained therein. Furthermore, you cannot request intellectual property privileges associated with the App nor contest in any way the processing or obtaining of any intellectual property right related to the App.

You cannot use illustrations, photographs, video sequences or audio or any type of graphics separately from the accompanying text, delete or modify the copyright signs, brands or other signs of intellectual property rights of the App, or agree to use for commercial purposes any content of the App, Services, or the material available throughout it.

The above mentioned, has the following exceptions:

  1. Print or download App contents for your personal and temporary use, for non-commercial use or for other reproduction uses, publication and distribution uses.
  2. Store your files which have been automatically saved in the cache memory by the browser, in order to improve visualization of the same.

 

If you infringe any of these restrictions, you will immediately lose your right to access and use the App, and we will demand you return or destroy the copies of the material you may or could have obtained, without prejudice to the exercise of the rights that correspond to Algramo as holders or authorized licensees of intellectual property

Canceling, Disabling or Suspending an Account

Algramo has the right to cancel, suspend or disable your Account, and you will lose your right to access and use the App in the following cases:

1.    If you use the App and the Services in violation of the provisions in these terms and conditions.

2.    If you breach the provisions of use for the Coupons or any other benefits

3.    If we have reasonable doubt to think that you have committed fraud against us or any other third party by means of the use of the Services, the Coupons or any other benefits established by Algramo.

4.    If we have reasonable doubt to think that you have misused the Services, Coupons or any other benefits established by Algramo.

 

Contact with the User

With a view to receiving feedback, comments, answering to queries, and processing your technical assistance requirements in an agile way, with respect to these Terms and Conditions; we leave the following email at your disposal: support@algramo.com. In the event you encounter any problem or difficulty, you will also be able to report this problem through the App Assistance Center.

Availability of service and modifications to Terms and Conditions

The Services may vary over time. Algramo reserves the right to withdraw or modify the contents of the App and to check and update The Terms and Conditions when deemed necessary and duly notify you of this change via the App and on the website within at least with 15 days of the anticipated change. Upon receipt of this notification, you are expected to review the up-dated Terms and Conditions.

In the event you do not agree with the changes and do not accept the new Terms and Conditions established, the contract will end and you will be unable to continue using the App, without prejudice to the fulfillment of the outstanding obligations that you may have with Algramo at the end of the contract, which will remain in force until their fulfillment.

In the event that you continue to use the App after receipt of the update notification, your acceptance of the new Terms and Conditions will be implied. The new Terms and Conditions will be considered as fully and rightfully modified unless in the event that, by legal provision or regulation or by act of authority or by sentence issued by the courts, the current clauses cannot be applied.                                                         

The App is provided in the state in which it is available. We make all reasonable efforts to maintain security in our App.  Algramo does not guarantee that the App is free from errors or interruptions during its operation at all times

Even though we make our best efforts to maintain security and integrity of the App and related data (Review privacy policy), to the maximum extent permitted by the law, we will not be held responsible for any loss or damage caused by a distributed denial of service attack, virus, or other technologically harmful material which could infect your mobile device, your computer programs, data or other materials of your property due to the use of the App or of any service or associated items, or due to the download of any material existing in it or in any linked App. The latter does not affect the guarantees that cannot be excluded nor limited under the applicable law.

Resignation, Divisibility and Nullity (or Annulment) of clauses

The omission to demand the fulfillment of a right, a clause, a term and/or condition contained in these Terms and Conditions by Algramo will not constitute a waiver of said term and/or condition.

In the event that one or some of the provisions of these Terms and Conditions are to be declared invalid or unenforceable by law, or by a court or other competent authority, such content will not affect the validity of the rest of the Terms and Conditions.

Applicable Law and Jurisdiction

These Terms and Conditions are governed by the Laws of the Republic of Chile and its Courts of Law will have jurisdiction over any controversy or dispute which arises with regard to these Terms and Conditions, according to the Chilean standards applicable.

Services offered

Algramo constitutes a service for the sale of bulk products (“Products”), by means of a system of successive refills in containers which have an integrated chip which enables them to be associated with your account in the App (“Smart Containers or Packaging).

With Algramo you can refill your Smart Packaging or Container as many times as you wish, and with the amount of Product that you need, paying the bulk value (“Refill”) with the balance available in your user account within the App. The Refills are performed by means of dispenser units which have the built-in technology required to recognize the Smart Packaging or Containers (“Services”).

When buying certain Products with your Smart Packaging (or Container), you may receive a reward in points associated to your Smart recharged (or refilled) Container, whereby each point is equal to $1 (one peso of USD equivalent), which you may accumulate for use in future Refills. By reusing your Smart Container (or Packaging) and accumulating points, you will be contributing to conserving the environment and reducing waste.

Access to and Creation of your Account

To use Algramo, you must download the App on your mobile device and register creating a user account (“Account”). For this, you must complete the registration form with the requested data detailed in the Privacy Policy.

 

To create your Account and make use of the Services, you must have the legal capacity of hiring services. All minors under the age of 18, and whosoever lacks the capacity of hiring, cannot make use of the Services. 

Once you have completed the required information and we have verified the truthfulness and authenticity of the information given, we will notify you that your Account is activated. In the event you cannot pass the registration stage, please check that you have correctly completed all the registration fields. We will contact you via email if we cannot activate your Account.

Please remember that when registering you must give exact, complete, truthful and updated information, notwithstanding that you may update this information via the App, whenever necessary. In case of not supplying the required information, or not accepting these Terms and Conditions, Algramo will not be able to complete the verification process of your data, thus you cannot use these Services.

There is no extra cost involved in creating the Account.

The Account is personal, unique and non-transferable. You cannot register more than one Account, nor give away or transfer the account to another person. We may cancel, suspend or disable Accounts containing matching or related data, without prior authorization.

You are responsible for keeping your Account confidential. Do not reveal or disclose your password to third parties. If you discover or suspect that your Account has been misappropriated, you should immediately inform the App Help Center, or send an email to the following email address: support@algramo.com. You are responsible for all and any activities performed through your Account.  

You may request to deactivate your Account at any time by writing to the following email address: support@algramo.com.

Smart Packaging or Container

Algramo has developed Smart Containers  enabled by a smart chip. This chip contains the information of the Account Holder to which it is assigned. The Dispenser Unit will recognize the Smart Container to process a Refill.  

There is one specific type of, and size of Smart Container for each Product associated with the Services. The Dispenser units will only refill the Product which corresponds to the Smart Container, and as long as you have sufficient funds for said request, be it in cash or in accumulated points. (“Balance”).

Each Smart Container has a label which may contain information including but not limited to instructions for use, formula, warnings, precautions, information from the manufacturer and/or distributor and contact information, which you are responsible for following when using the Product. Algramo is not liable for any issues that may arise from the Product or use of Product, Algramo dispensing system or platforms services. If you have any questions about the use of your Products, please contact the manufacturer directly as indicated on the label. Algramo is also not liable for packaging misuse, lost packaging and lost account balances associated. Algramo is not liable for Dispensing systems misuse.

Each time you Refill, and are not purchasing a new plastic package, the App will show you the equivalent approximated number of plastic bags (“Saved Bags”)  or plastic water bottles avoided (“Avoided Bottles”) through your reuse actions. The App will show updated information on its environmental impact. Please note that these conversions are not direct equivalents as there are many types of plastics in traditional packaging, and in these equivalent calculations. We are using best available averages and providing indicative environmental savings. If necessary, at time, you may delete a Smart Container from your Account and register a new one.

Products

After downloading the App, you will be able to see the different Products offered by Algramo in your area.

The variety of Products available for Refill may change at any time. Any updates will be reflected in the App.

Payment Methods and Options

To Pay for Product Refills you must have enough funding (or Balance) in your Account.

Refill payments are debited from your Balance immediately upon submitting (or scheduling) an order through the App or at the Dispenser. .

You can add funds to your Balance with a credit card through the App, or via the local or international payment operator with coverage in Chile that is available on the App.

When registering a credit card, you must make sure that it is a valid card, that it is operational and that it is enabled to perform electronic operations and that it has sufficient funds. Algramo may verify the validity and authenticity of the registered card with a symbolic charge [of $0.001], which shall be reimbursed automatically into your account upon completion of the payment method registration process.

Your payment means can be modified through the App, in “Payment”, at any given time.

All payment processing is managed by third party providers. Algramo does not store, and therefore is not liable to protect or be responsible for credit card information. In Chile, payments are processed through Kushki and Webpay. In the US, payments are processed through Stripe. Terms and Conditions of those companies are linked here: Stripe, Kushki, Webpay.

How to buy Products with Algramo

You may buy your Smart Container through the App when you perform the first Refill of a Product, or at any time thereafter; and obtain the aforementioned Smart Container from the Algramo Dispensers (either mobile or stationary units).

Algramo is working to service many territories but we may not be available in a convenient area to you. At any time you may see where Algramo mobile Dispensers or Fixed Locations are available.  These locations will be shown in the App in the “Point of sale” section, and this information will be updated as our coverage expands.

You may also request and schedule Refills at your registered address. Do this, select the Product, the amount you wish to refill (in kilograms or in liters), indicate who will receive it and schedule the date, the time range and the preferred address. You can request Refills of more than one Product at a time, but only for the Products and related Smart Container you have in your account.

After submitting your Mobile Refill order information, the App will show you a summary of the total cost of your purchase, and you will be able to choose to pay immediately or at the time of the Refill.  

After completing your order, we will notify you that the order has been successfully scheduled and alert you to any errors .

You may see a record of your purchases and your pending orders in the “Orders” section of the App.

The Smart Containers must be in Good Condition, meaning no cracks, points of weakness, with the labeling included and intact, and not contaminated with other products, prior to each Refill. You will be responsible for maintaining the Smart Containers and replace them when necessary. We recommend you check your Smart Containers before each Refill in order to avoid any spills, leaks or any other unforeseen circumstance that could hinder the correct provision of the Service.

Accumulation of points

Algramo and related brands may choose to provide benefits in the form of points associated with the amount of product that you buy, the number of refills you perform, or based on other criteria. Any points earned will accumulate to the Smart Container directly. Any points earned will be the equivalent of 1 (one) peso or equivalent USD $0.01 USD depending on location, which you may use towards future Refills.

In order to use points earned, you must                                                                                                                                  indicate that you wish to use them in the App, or the dispensing system platform. The points will expire after  one (1) year from the last Refill that you have performed. 

Keep in mind that the points accumulate onto the Smart Container (not your App Account Balance). Therefore, if you lose a Smart Container, you will also lose the points you have earned with that Container.

Cancelling Home-Delivery Refills

If you schedule a Mobile Refill, you will be able to cancel it through the App, free of charge, up to four (4) hours prior to the beginning to delivery time range selected. If you cancel with less than four (4) hours of advance notice from the time range selected for delivery, you will have to pay a cancellation fee, equivalent to the cost of the delivery itself.

This cancellation fee will be deducted directly from your Balance. If you do not have sufficient Balance available in your Account, your Balance will be affected anyhow and the fine will be deducted from your Balance, even if it generates a negative figure. You will not be able to make any new purchases until you have added sufficient funds to your Account so that the Balance is positive.

The cancellation fee will be applied in all cases, including those in which you use discount coupons.

Delivery of promotional codes

We may create, at our discretion, promotional codes (“Coupons”) which may load additional funds to your Account, or provide other benefits to your Account, in accordance with the indicated policies of each Coupon.

Use of Coupons must be in compliance with the indicated policies of each coupon. Each Coupon is unique and cannot be duplicated or combined with other pre-existing benefits, nor may it be sold, transferred, or otherwise made available to the general public. Coupons will not be valid or redeemable for cash outside the Algramo App.

Algramo may reverse the benefits derived from the use of said Coupons if misuse of, fraud or illegal use of the Coupons as outlined in this section, is detected.

Market or Customer Surveys

Algramo may invite you to participate in surveys related to our Services, Products and the App through our platforms. Your participation in these surveys is voluntary.

Full Agreement

These Terms and Agreements and the Privacy Policy constitute a single and complete agreement between Algramo, its affiliates and you, which prevail over any other agreement, contract, declaration and guarantees. The foregoing is without prejudice to the provisions of Law Nr. 19.496 that establishes regulations on the Protection of Consumer Rights.

Terms and Conditions updated on 07/08/2020.