Terms & Conditions Policy

MINIMAL SpA
Ave. Holanda 2558, Office 107, Providencia, RM 7511151
Santiago of Chile
email@trakner.com

Effective Date: March 31st, 2020

This web page represents a legal document and is the Terms and Conditions, from now on called (Agreement) for our website, Trakner™ (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.

Definitions

The terms “us”, “we”, “company” and “our” refer to MINIMAL SpA., the owner of this Website.

The term “Product(s)” refers to any products or services we sell or give away. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Products. The term “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, design, and data offered through our Website or Products whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.

About Trakner™ by Minimal SpA.

Trakner™ is a Professional Services Web Page that offers to develop data science as a service projects for companies in any industry and without geographical limits, which are materialized through Purchase Orders on their behalf. The amounts paid for Services corresponds to the payment of professional services provided by Trakner™ or contracted collaborators of Minimal S.p.a. Trakner™ has no control over the quality, time, legality, failures or any other aspect that is included within the services of the Clients, but only those that are contracted by Minimal S.p.a.

Intellectual Property

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. All content and materials available on this site, including but not limited to all Trakner™ services or distributed content or materials are for individual use only with a single-user license.

As noted above, reproduction, copying, or redistribution for commercial purposes of any content, materials or design elements on this site is strictly prohibited without the express written permission of the COMPANY. For information on requesting such permission, please contact us using the contact information listed in the link entitled “Contact” or Contact us to {email} at {trakner.com} for questions related to this subject.

Privacy Policy

Please read the Privacy Policy carefully to understand how the COMPANY collects, uses and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference as part of these Terms and Conditions Policy.

Ability and Acceptance of Terms and Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

By creating a Profile and/or using the Services and Website in any way, the User accepts all the Terms of use contained herein and the Privacy Policy. Furthermore, you agree to accept all other operating rules, policies and procedures that may be published by MINIMAL S.p.a. on the Website, each of which is incorporated by reference. Without prejudice to the foregoing, some services offered on the Website may be subject to additional terms and conditions. In that case, the User’s use of said services will also be subject to the aforementioned additional terms and conditions, which are incorporated into these Terms of Use by means of this reference. If the User does not accept them, they must refrain from using said services in any way.

Billing, Cancellations and Refund Policy

For one or any services provided, the COMPANY bills according chilean laws and depending of the service, can be with or without taxes included. The bills must be paid in the next 5 business days from invoice emition, and the amount must be transfered to a Bank Account that we’ll provide after receiving the proper Purchase Orders or “Orden de Compra” in Spanish. We also can accept Bitcoins and Credit Cards payments through MercadoPago Chile Gateway Service.
If you are not satisfied with any of our services within the first week after any quote stage, in xx days for any reason, you can simply contact us by email at the support email address listed in the Contacting Us section herein within the refund period and request a full refund of the fee that you paid. Upon receiving a refund, you agree and understand that your access to the bundle will be revoked and you will remove and delete permanently any products you have downloaded, and unsubscribe from any products you have redeemed online (including software, apps, courses, masterclasses, membership sites, coupons, etc.) and cease using the products/services contained therein.
For the Monthly subscription service, the COMPANY offers a 7-day money back guarantee. If you are not satisfied with our program within the first 7 days for any reason, you can simply contact us by email at the support email address listed in the Contacting Us section herein within the refund period and request a full refund of the fee that you paid. Upon receiving a refund, you agree and understand that your access to the bundle will be revoked and you will cease using the products/services contained therein.
To cancel either the monthly or annual version Monthly subscription services, you must send an email cancellation request to the COMPANY at least seven (7) business days before the next renewal date to avoid being charged for the next billing cycle. The email should be sent to the support email address listed in the Contacting Us section herein. There are no pro-rata refunds offered. This means, for example, that if you purchase a one-year subscription and only use the service for a few months, you still owe for the entire year, and will continue to receive access to that years material.
For Monthly subscriptions, you agree to keep a valid credit card on file and you authorize the COMPANY to charge your card on file for each billing cycle until you cancel your subscription as set forth herein.
For Monthly subscriptions that are cancelled, upon the date of what would have been your “renewal” of Monthly, you will lose access to any and all or bundles that you had access to as part of your Monthly subscription. These “” (bundles) will be automatically removed from your account / portal area. Any individual “” or bundle you purchased individually at full price that you did not request a refund of will still be accessible in your account.
If you fail to pay the COMPANY the amounts owed to the COMPANY, you agree and understand that the COMPANY can terminate or limit your access to the respective service until the payment issue is resolved.

Contact Us

If you need to contact us, you can email us at email@trakner.com or send us a letter at MINIMAL SpA, Ave. Holanda 2558, Office 107, Providencia, RM 7511151, Santiago of Chile.

Disclaimer Of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Any provision herein to the contrary notwithstanding, the maximum liability of the COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to the COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of the COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the web site and any services rendered hereunder and that, were the COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

Indemnification

Upon a request by the COMPANY, you agree to defend, indemnify, and hold the COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and the COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and the COMPANY with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Chilean laws. You hereby consent to binding arbitration in Santiago of Chile to resolve any disputes arising under this Terms and Conditions.

Transactional Gateways

Whenever is available, the site will use through MercadoPago Chile Gateway Service to process payments by credit cards or suscriptions. Each client is responsible for the security of their password in the site when anyone under this terms and conditions creates an account.