Terms and conditions of the Metropolitan Network App
Thank you for visiting this digital platform and App RED.
Please read these Terms and Conditions carefully, as any use of this platform or App RED constitutes unequivocal acceptance of them.
General Conditions and User Acceptance
The purpose of this instrument is to regulate the use of the application and services offered by the RED digital platform – hereinafter also “RED App”, the “application” or the “platform” – depending on the source of digital infrastructure through which it is accessed: mobile application or browser, respectively, or, simply and simply, “RED” to refer to any functionality of its services and regardless of the digital source of access developed by and for the Ministry of Transport and Telecommunications (“MTT”), Single Tax Roll No. 61.212.000-5, domiciled at 139 Amunátegui Street, in the commune and city of Santiago, Metropolitan Region, Chile.
These Terms and Conditions are a reflection of the regulation of the activity of users and visitors of App RED or platform, in accordance with current legal regulations, granting the person the status of user – hereinafter the “user” – of App RED and/or platform from the time they enter App RED or platform and/or any associated service, and implies full and unconditional acceptance of the clauses, conditions, warnings and terms of use indicated below.
The MTT reserves the right to unilaterally modify and update these Terms and Conditions, which will be published in https://www.red.cl/terminos-y-condiciones-app-red-metropolitana
Acceptance will be understood to be granted by the user from the moment they visit the RED App or platform. In case of non-acceptance of the Terms and Conditions, the user must refrain from entering, using and/or registering.
Therefore, prior to entering, using and/or registering the RED App or platform, the user must carefully read these Terms and Conditions. The user’s ignorance of these Terms and Conditions will not imply the non-application of the provisions contained herein.
By using RED through the RED App or through the browser of the online platform and checking the box “I accept Terms and Conditions, and Privacy Policy”, you declare: (i) to be over 18 years of age or to be a minor acting with the corresponding authorization; (ii) have read and agreed to these Terms and Conditions; (iii) have read and accepted the privacy policy, which forms part of these Terms and Conditions; and that (iv) expressly authorizes the processing of personal data, in the manner indicated in the Privacy and Personal Data Protection Policy https://www.red.cl/política-de-privacidad-app-red-metropolitana
Description of the service
RED is a service of access, management, information and payment of transport fees, which is provided through the RED App that must be installed on cell phones and through an online technological platform, which allows access and payment of the metropolitan public passenger transport system, either through the physical bip! or through the digital payment method bip! QR.
RED is a management system and information platform that seeks to offer a better experience to its users, while facilitating access and simplifying the loading and recharging of transport quotas.
The user expressly authorizes the MTT to process – directly or through third parties mandated for such purposes – their names and surnames, unique tax role or identity card, email address and mobile phone number, as well as their geolocation, among other relevant information for the purposes of providing the metropolitan public passenger transport service. while allowing it to introduce improvements for the benefit of the users of the system. The processing consists of capturing, saving and transferring said data, as specified in the Privacy and Personal Data Protection Policy, available in https://www.red.cl/política-de-privacidad-app-red-metropolitana, which is understood to form part of these Terms and Conditions.
The MTT reserves the right to invalidate the bip! QR when the user breaches these Terms and Conditions.
The MTT reserves the right to inform/denounce to the corresponding judicial entities any misuse that may constitute the commission of a crime.
User Registration
In order to optimise the use of App RED, the user must register in the manner and conditions specified in the Privacy and Personal Data Protection Policy [https://www.red.cl/política-de-privacidad-app-red-metropolitana], depending on the type of Access Method or Payment Method they decide to use, so that their data will be processed for the provision of services.
When entering, the user must adopt the necessary measures to guarantee the security and confidentiality of the data that allow their authentication in App RED, including the username, email, password or PIN, as appropriate.
Every user must provide valid data and personal information when registering, exactly, accurately, and truthfully; and undertakes to keep this information updated and current.
“Non-registration” on App RED and/or platform does not imply non-acceptance or ignorance of these Terms and Conditions. On the contrary, when visiting App RED and/or platform, regardless of the access methodology – Google, Apple, Facebook, or any other that may be added in the future -, the user must accept these Terms and Conditions.
As indicated in the Privacy Policy, RED does not store or process the data of the means of payment of the transport fees, which is managed entirely by the payment intermediary. Payment intermediaries allow the transfer of funds as part of an online transaction, whether it is a purchase of a product or service offered through e-commerce intermediaries.
The MTT reserves the right to refuse a registration request or to cancel or suspend, temporarily or permanently, a bip! QR, in case of not paying for the trips made, misuse, detecting inconsistencies in the information provided by a user or in case of detecting illegal activities, without such decision generating compensation rights for the user.
Liability for Use of Services
The user is solely responsible for all activities carried out or occur on App RED installed on a given mobile device or in browsing the platform under its direction.
The MTT has no control over the use of the user’s account, and is therefore exempt from any liability for the misuse or misuse of the account or the associated services. In the event that the user is unaware of any operation or service, he/she must notify the following link http://pocae.tstgo.cl. The MTT is not responsible for involuntary errors of content managed in App RED or platform and declares that the information contained therein is referential.
Prohibitions
It is forbidden to take any action that imposes or may impose a disproportionate load on the RED technological infrastructure or RED App, whether manually or automatically.
The user is prohibited from sharing his/her password, account or Means of Access with third parties. The effects of the violation of this obligation will be borne by the user and will not generate any liability for the MTT.
The use, without prior and express authorisation, of the intellectual property and trademarks owned by the MTT is prohibited.
Expiration of Transportation Fees
The validity of the Means of Access, bip! (based on wallet, balance stored on the card) and bip! QR (ABT-based Transportation Accounts: Account Based Ticketing), is indefinite; However, more than 1 year has elapsed since the last charge or use, without the Bip! Whether used or charged, the transportation fees contained therein will be suspended and may not be used to pay for the transportation services of the Metropolitan System, while the BIP! does not register a new load, in which case the balance of the suspended transport quotas will be reactivated and added to the new load made by the user.
After 2 years of inactivity since the last loading or use of transport fees contained in a wallet-based prepaid Means of Access (balance stored on the card), the holder of said Means of Access may request the extension of the validity of said transport fees, for one more year, or transfer them to another Means of Access, prior accreditation of ownership, sustained possession or history of loading them. In the event of not requesting the extension or at the end of the latter, the transport fees contained in the Means of Access will be irrevocably expired.
After 5 years of inactivity since the last upload or use of transport fees contained in a prepaid Access Means based on ABT Transport Accounts (Account Based Ticketing) with a balance centrally stored in a digital repository or cloud, the transport fees contained in said Access Method will irrevocably expire.
Security limitation
The MTT does not guarantee the availability and stability of App RED and the online platform. Notwithstanding the foregoing, the user accepts and declares to know that, like any computer program, RED App or platform, it is susceptible to errors, omissions, misconfigurations or contingencies that prevent its normal operation.
In this regard, MTT is not responsible for or warranting that access to its services will be uninterrupted or error-free, nor for performance failures, omissions, service interruptions, defects, transmission delays, or connection line failures.
In the event that RED provides links to third-party websites or resources, including Charging Network Operators, MTT shall not be responsible or liable for the content, products or services on or available from such sites or resources. The user decides, at his/her own risk to visit or use, in any way, the linked contents, products or services, exempting the MTT from liability.
The MTT makes all the technological, material and human efforts within its reach to ensure that neither App RED nor its platform contain malicious software, which may cause damage to users or their devices. However, it declares that it is impossible to guarantee at all times that access to its services is free of malicious software and therefore, in no case will it be liable for any losses, damages or losses of any kind arising from access to and use of App RED or platform, including but not limited to, to those caused to computer systems or those caused by the introduction of malicious software.
The MTT is not responsible for any damages that may be caused to users by improper use of its platform, App RED or its www.red.cl and www.tarjetabip.cl sites
Disclaimer
The MTT is not responsible in any way for the use that the user makes of the RED App or RED platform. Therefore, you are totally and expressly released from any liability, whether civil, commercial, administrative, punitive, tax, criminal or of any other nature, that may be generated by the use of App RED and/or the platform and/or the www.red.cl site. The user expressly consents to and accepts this release of liability.
The user will be liable for damages of any kind, direct or indirect, that the MTT, other users or third parties may suffer as a result of the infringement, by the user, of any of the terms to which the user is bound by these Terms and Conditions of Use, or of the infringement of the prohibitions established in this document or of the applicable regulations in force.
Consequently, if as a result of the user’s breach of these Terms and Conditions, the MTT is obliged to pay fines, indemnities or other types of compensation to third parties, resulting from the application of an administrative measure or a court order, the user must reimburse the MTT in full the amounts paid for such reason, including advisors’ fees and court costs.
The MTT does not grant any express or implicit guarantee in relation to App RED or the use of the platform and, in general, the services it provides, so that it does not have and will not have any liability for losses, damages and/or losses that may be caused to the person or property or information of the user, as a result of, related to or as a consequence of the provision of RED’s services, unless those losses, damages and/or losses were directly and exclusively attributable to the MTT’s own fault or intentionality, but only with respect to actual, direct and foreseen damages, being conventionally and expressly limited to the amount of money effectively paid in the last calendar month. This clause shall remain in force even after the termination of the contract for any reason.
Intellectual property
In its entirety, the information contained in any of RED’s functionalities and in any of its products, as well as the computer programs and applications, are intellectual works owned by the MTT and the operators of technological services or cargo services, where applicable.
App RED and the RED platform, as well as the logos, isotypes and images are the exclusive intellectual property of the MTT, and their total or partial use is prohibited without the express authorisation of their owner. All the assets that make up its property are protected by the intellectual and industrial property regulations in force and by the International Treaties signed and ratified by Chile. The modification, translation, adaptation, disassembly or decompilation of the code, editing or any act of reverse engineering is especially prohibited, except those authorized by Law No. 17,336 on Intellectual Property.
The content stored or produced by or for the MTT may not be subject to exploitation, reproduction, distribution, modification, public communication, transfer or transformation, or any other legal act by a third party not expressly authorised in writing by the MTT. Access to the RED App and/or RED platform does not grant users any right or ownership over the intellectual property rights of the content they host.
Privacy and Personal Data Protection Policy
An integral part of this document is the Privacy and Personal Data Protection Policy published in https://www.red.cl/política-de-privacidad-app-red-metropolitana, which the user expressly declares to know and accept.
Applicable law and jurisdiction
This document and the relationship with the user are governed by Chilean law and the ordinary courts of justice with jurisdiction in the commune of Santiago will be competent to resolve any controversy related to these Terms and Conditions and the Privacy Policy.
Validity
These Terms and Conditions came into force on January 24, 2022. Any significant modification, an issue that will be unilaterally qualified by the MTT, will be published on the www.red.cl site, on App RED and on the platform, and previous versions will be recorded.
