Terms and conditions of use of the Cleo payment platform
Cleo Chile SpA, RUT No. 76,727,674-5 (hereinafter, “Cleo”), makes available to the User (as defined below) these Terms and Conditions of Use, which regulate access and use of the Cleo payment platform and the services offered through it. By registering, accessing or using the Platform, the User declares to have read, understood and fully accepted these Terms and Conditions:
1. DEFINITIONS
All terms that begin with a capital letter, without being proper nouns or beginning a sentence, will have the meaning given below:
a) Agreement: refers to this document, which establishes the requirements and obligations that arise for Users when using the Platform and accepting the terms and conditions established here.
b) Late Fee: refers to the fixed charge in case of late payment by the User, which amounts to 10% of the total purchase made through the Platform (this total purchase includes the amount of the Refund plus the Service Fee).
c) Cleo: refers to the company Cleo Chile SpA that owns and manages the Platform.
d) Affiliate Commerce: any merchant that maintains a current contract with Cleo, under which Cleo users can pay through the Platform for the goods they purchase and services they contract with this merchant.
e) Maximum Amount: refers to the amount that is approved by the Platform each time the User requests a payment through it.
f) Platform: refers to the payment platform developed by Cleo, which allows individuals, over 18 years of age, to make electronic payments for the purchase of goods and/or services with any Cleo Affiliated Merchant.
g) Refund: refers to the return by the User to Cleo of what was paid by Cleo to an Affiliate Merchant under the security stipulated in this Agreement, as a result of the use of the Platform.
h) Service Fee: refers to the fee charged by Cleo for the security services it provides under this Agreement. This fee is previously indicated to the User before making a purchase through the Platform.
i) User: natural person who accepts this Agreement and uses the Platform to pay electronically for goods and/or services offered by any Cleo Affiliated Merchant.
2. OBJECT OF AGREEMENT
The User declares, knows and accepts: a) That they are aware of the technological nature of the Platform and its content and that, therefore, it is naturally and inherently exposed to interruptions and/or unavailability, which are not necessarily under the control or responsibility of Cleo.
b) That given the above-mentioned nature, Cleo may from time to time affect the availability of the Platform, especially but not limited to the following cases; (i) to carry out maintenance, both preventive and corrective; (ii) to update its content; (iii) to protect the security and integrity of the Platform; or (iv) for similar causes or purposes.
c) That the Platform uses first-party and third-party cookies, of a temporary and permanent nature, which are used to store non-personal identification information of the User. Acceptance of this Agreement will constitute the User's unequivocal acceptance of the use of cookies. The User should consult the instructions of their browser, especially with regard to configurations, where they are allowed to choose the functionality that communicates the existence of cookies and/or prevents their installation. Without cookie access, the User will not be able to access certain features available on the Platform. Consequently, if the User does not have cookies enabled, they may not have access to certain tools of the Platform or their proper functioning may be affected.
d) That it is your responsibility to have anti-virus, firewall and/or other similar systems, which must be constantly updated.
4. ACCEPTANCE OF THE AGREEMENT AND CHANGES TO THE TERMS
When the User makes a purchase of goods or contracts services in an Affiliate Merchant and chooses to pay using the Cleo Platform, it is understood that they have clearly and unequivocally accepted these Terms and Conditions.
If Cleo makes changes to this Agreement in the future, these will be informed to the User, who must expressly accept the new terms to continue using the Platform. This acceptance can occur at the same time the modification is reported or the next time the User uses the Platform to make a purchase or contract for services, at which time their consent to the updated terms will be requested.
5. USER OBLIGATIONS
The User undertakes to:
a) Provide Cleo with only true, reliable and verifiable information, whether personal or of any other nature, and by any means.
b) Read, understand and accept Cleo's Privacy Policies before using the Platform.
c) Use the Platform and its contents exclusively for legal purposes and in accordance with the purposes established by Cleo.
d) Do not publish or distribute through the Platform, your User profile or the Cleo website, content that is fraudulent, misleading (including misleading advertising about products or services other than Cleo), discriminatory, violent, threatening, harassing, defamatory, denigrating or that, in general, may cause harm to third parties or Cleo. In the event of non-compliance, Cleo may delete such content and demand compensation from the User for the damages caused. e) Do not publish or distribute content protected by copyright or intellectual property without the prior authorization of the owner.
f) The User undertakes to interact with Cleo's official accounts on social networks (such as Facebook, Instagram, Pinterest, X/Twitter, among others) in a respectful manner and in accordance with these Terms and Conditions. Cleo reserves the right to delete comments, publications or interactions that violate these rules and to take appropriate action in case of harm.
6. PAYMENTS VIA THE CLEO PLATFORM
Payments via the Cleo Platform can only be made at an Affiliate Merchant and up to the Maximum Amount, which will be the amount defined by the Platform for each purchase, within the territory of the Republic of Chile. To make payments in an Affiliate Merchant via the Platform, the User must be over 18 years of age and have the free administration of their assets. By accepting and signing this Agreement, the User declares to be over 18 years of age and to have the free administration of their assets.
6.1 Financial Evaluation and Use of Third-Party Information
In order to evaluate whether the User can access the Services offered by Cleo, the company may carry out financial and credit evaluations prior to the authorization of each transaction.
For these purposes, the User expressly authorizes Cleo to obtain, collect, access, analyze and process information from external databases managed by third parties, including, but not limited to, credit bureaus, public sources, financial institutions, commercial information providers and open banking entities, in accordance with current legislation on the protection of personal data.
The information obtained will be used exclusively for:
- Evaluate the User's financial behavior,
- Determine your ability to pay,
- Calculate a reference amount of available credit or space, and
- Assign a maximum bond limit based on that analysis.
In addition, the User expressly authorizes Cleo to share the available space, in whole or in part, only with Affiliated Merchants that operate within the Platform ecosystem, and exclusively to allow the use of the “Buy Now Pay Later” functionality offered by Cleo. Under no circumstances will this information be shared with third parties outside Cleo for the offer, evaluation or marketing of financial products or services other than those directly provided by Cleo within the Platform.
All information obtained and shared will be treated in a strictly confidential manner, in accordance with Cleo's Privacy Policy and applicable current regulations.
The User may, at any time, revoke this authorization upon express request. This revocation will not affect the data processing carried out prior to its entry into force.
6.2 BAIL
Cleo constitutes a limited guarantor of the payment obligations that the User acquires with an Affiliate Merchant, for the goods or services contracted through the Platform, up to the maximum amount established by the Platform (hereinafter, the “Maximum Amount”), in accordance with the provisions of article 2,335 of the Civil Code.
For the purposes of this clause:
- The User will be considered the primary debtor.
- The Affiliate Merchant will be considered the creditor.
- Cleo will act as guarantor.
In the event that the User does not pay the Affiliate Merchant in a timely manner the price of the contracted good or service, the creditor may request the corresponding payment directly from Cleo, up to the Maximum Amount. Notwithstanding the foregoing, Cleo, in its capacity as guarantor, may make payment directly to the Affiliate Merchant even before being required by the Affiliate Merchant, provided that this is a case in which the User as the main debtor could also do so, in accordance with Article 2,353 of the Civil Code. Cleo must notify the User of any payment made under this bond.
If Cleo makes a payment to the Affiliate Merchant under this bond, the User must:
- Refund Cleo in full for the amount paid.
- Pay Cleo the corresponding Service Fee, as set out in section 6.6 of these Terms and Conditions.
6.3 NATURE OF THE SECURITY
The present security granted by Cleo to the User is for future obligations, simple and limited in terms of the amount and obligations for which Cleo will be responsible. In view of the above, Cleo will only grant security up to the Maximum Amount and for obligations contracted by the User with a particular Affiliate Merchant, provided that the User uses the Platform to enter into such obligation.
The Maximum Amount does not include the interest or costs that the Affiliate Merchant may be entitled to charge the User if this applies.
Once Cleo has paid one or more Affiliate Merchants the Maximum Amount, Cleo will not assert new obligations until the full amount paid by Cleo to the Affiliate Merchant has been reimbursed, together with the corresponding Service Fee on a case-by-case basis.
The Maximum Amount may be increased or reduced at the discretion of Cleo prior to the granting of each deposit, which the User accepts now.
6.4 USER CONSENT
The User who accepts and subscribes to this Agreement, consents to the creation of the security in the terms mentioned in this clause 6, in addition to the other stipulations of this Agreement.
6.5 PAYMENT OF ADVANCES
Cleo may require the User to provide sufficient means to make the payment prior to the granting of a deposit.
6.6 SERVICE FEE
The Service Fee that the User will pay to Cleo, for each payment that Cleo makes to an Affiliate Merchant under the bond, will be informed to the User prior to the completion of the purchase on the Platform. By virtue of the foregoing, the User can withdraw from using the Platform if he does not agree with the Service Fee prior to the establishment of the deposit and completion of the purchase with an Affiliate Merchant through the Platform, but once the purchase has been made, it is understood that the User accepts the indicated Service Fee and is obliged to pay it within the period selected by the User for the Refund.
The Service Fee must be paid in the manner and time indicated in paragraph 6.8 below.
6.7 REFUND
Each time Cleo makes a payment to an Affiliate Merchant by virtue of the security granted, the User must reimburse the amount paid by Cleo to the Affiliate Merchant in the time and manner indicated in paragraph 6.8 below.
6.8 PAYMENT STATUSES
The payment of the Service Fee and the Refund must be made in the same act by the User to Cleo, within the period chosen by the User on the Platform at the time of making the purchase in an Affiliate Merchant. The delay or simple delay in the Refund and/or in the payment of the Service Fee will constitute the User in default, thus being obliged to pay Cleo the maximum conventional interest for each day of delay in the payment of these values. In addition, the user who becomes in default must pay the Late Fee, which is a fixed late charge of 10% of the total purchase made through the Platform (this total purchase includes the amount of the Refund plus the Service Fee). Cleo will only secure the User's obligations to the extent that the User is up to date with the payment of previously accrued Refunds and Fees for Cleo Services.
6.9 TERM OF THE BOND
Because it is a guarantee of future obligations, Cleo as guarantor has the right to withdraw until the main obligation exists, giving notice to the User.
7. RETURNS
In the event that the User requests the return of a product that was paid through the Platform in an Affiliate Merchant, for whatever reason, this return must be requested directly from the Affiliate Merchant. When the User requests the return to the Affiliate Merchant, he must inform Cleo of this fact so that Cleo pauses the collection of the amount due by the User, for up to a period of 5 business days, while the situation between the User and the Affiliate Merchant is resolved. In turn, Cleo will contact the Affiliate Merchant to verify that the return of a product purchased through the Platform is actually being processed, in order to proceed with the payment pause.
The Affiliate Merchant will authorize the return of a product or not, in accordance with their own rules and return protocols. If an Affiliate Merchant authorizes the return, the latter must notify Cleo of this situation so that the latter proceeds with the return of the one paid by the User, if the User has already paid Cleo the Refund and/or the Service Fee as appropriate, or to cancel what was due by the User as a result of the return authorized by the Affiliate Merchant. Depending on the Affiliate Merchant, this last action, as agreed between the Affiliate Merchant and Cleo, could be carried out directly by the merchant.
In the case of partial returns, Cleo or the Affiliate Merchant, as appropriate, will only return the Refund made by the User and not the Service Fee, Late Fee, preliminary and/or judicial collection costs that the User has been obliged to pay.
7.1 Debt compensation with Cleo
For the purposes of the return procedures regulated in Section 7 (Returns), the Customer acknowledges and accepts that if:
(a) Request and obtain the return or refund of a payment made through the Cleo Platform for a product or service purchased at an Affiliate Merchant; and
(b) The Customer maintains debts, outstanding balances, late fees, Service Fees or any other amounts due to Cleo in connection with previous or current transactions, so Cleo may apply the corresponding amounts to the return in full or partial compensation of any current or overdue debt that the Customer has with Cleo.
Notwithstanding the above, Cleo:
(i) will detail in the compensation communication to the Client the calculation of the existing debt and the amount returned applied in compensation; and
(ii) it will only exceed the Customer's debt to Cleo, returning to the End Customer the difference, if any, once the compensations allowed under this paragraph have been made.
This compensation will be made in accordance with the authorizations granted by the Customer upon accepting these Terms and Conditions and with applicable regulations, and does not exempt the Customer from its remaining payment obligations to Cleo if the compensation does not fully cover those obligations.
8. COLLECTION AND MANDATE
8.1 Special mandate for the subscription of promissory notes
For the purposes of ensuring compliance with the consumer's obligations to CLEO, by this act, the consumer hereby confers an irrevocable mandate, under the terms of article two hundred and forty-one of the Commercial Code, to CLEO, already identified at the appearance, who, through any of its representatives, in the name and on behalf of its representative, signs one or more promissory notes to the order of CLEO or a third party, in accordance with the instructions indicated below, and may also delegate this power and take it back as many Sometimes he deems it appropriate, for all the purposes that may arise, the consumer expressly accepts that in the event that the present mandate is delegated to a third party, the present mandate may be exercised without objection by that third party.
The consumer expressly states that this mandate also includes the power to complete, resubscribe and extend the above-mentioned promissory notes, being able to delegate this power and resume it as many times as he deems appropriate.
CLEO will be especially empowered to have their signature stamped on any of the promissory notes they sign and sign on behalf of the consumer authorized by a notary public. In the event that the consumer fails to pay within the time limits established to CLEO by the consumer on the due date of any of the installments of the respective security deposit, or in the event that the Customer owes CLEO any sum for any reason, CLEO, through any of its authorized agents, may, by virtue of the mandate referred to here, complete or subscribe to the corresponding promissory note (s).
Without prejudice to those other provisions established in law number eighteen thousand ninety-two on bills of exchange and promissory notes and especially the provisions of article one hundred and two of that regulation, the mentions contained in the promissory note (s) signed by CLEO, on behalf of the consumer, will be as follows:
a. Mention of number five of article one hundred and two of Law number eighteen thousand ninety-two, which corresponds to the date of issue of the promissory note. The date of issue of the promissory note must be a date after the expiry of the commercial instrument transferred or due to which the consumer owes and which is in default, or a date after the date on which any existing consumer debt in favor of CLEO becomes due.
b. Mention of paragraph two of Article one hundred and two of Law number eighteen thousand ninety-two, which corresponds to the determined amount or amount that is promised to be paid, in this case you must meet the following requirements:
- The amount of the promissory note must be mentioned in Chilean pesos, a common legal tender.
- The amount of the amount to be expressed in the promissory note that CLEO will complete or subscribe to will be the value of the outstanding credits.
c. Mention of number three of Article one hundred and two of Law number eighteen thousand ninety-two, which corresponds to the place and time of payment of the promissory note, which shall be subject to the following rules:
- The place of payment will be the address of CLEO at the date of issue of the promissory note. • The time of payment of the promissory note will be the business day after the date of issue of the promissory note.
- The present instructions are of an irrevocable nature, in the terms of article two hundred and forty-one of the Commercial Code because they are issued for the benefit of the holder of the promissory note.
d. The subscription of this promissory note will in no case constitute a novation of the obligation established therein. The debtor's default will not be necessary for the execution of this promissory note subscription mandate, in the event that the debtor is in a state of insolvency or default of payment, meaning when the debtor ceases to pay any obligation either to CLEO or to third parties, or when the debtor escapes or hides, without having appointed a person to manage his assets to fulfill his obligations, situations that will not be necessary to prove on the part of CLEO.
8.2 Special Mandate for CLEO
By this instrument, the consumer confers an irrevocable mandate, under the terms of article two hundred and forty-one of the Commercial Code, to CLEO and while the bond contract is in force, to request, in the name and on behalf of CLEO, the debt certificate and, in general, all the commercial information of the consumer that the CMF handles, without any limit, it being understood that this request is made in the name and on behalf of the consumer, as if the consumer were doing it personally, expressly authorizing that such information may be received, opened, known, stored and processed by CLEO. It is noted that this mandate may be delegated by CLEO to third parties, in whole or in part, with identical powers. CLEO, declares to accept the mandate conferred on it in this act, in all its terms.
9. PROCESSING OF PERSONAL DATA AUTHORIZED BY THE USER
The processing of the User's personal data will be governed by these Terms and Conditions and by Cleo's Privacy Policy, which forms an integral part of these T&C by express reference. In the event of a discrepancy between the two documents regarding the protection of personal data, the provisions of the Privacy Policy will prevail.
The User expressly authorizes Cleo to use the personal data provided, as well as those obtained legitimately from external sources, in order to allow the correct operation of the Platform. This includes, in particular, the processing of data necessary for credit background checks, financial risk assessment, and fraud prevention.
In addition, the User authorizes Cleo to share their personal data with the Affiliate Merchant related to the corresponding transaction, and with collection companies, exclusively to the extent necessary for the proper provision of the services offered through the Platform, and in accordance with the provisions of Law No. 19,628 on the Protection of Private Life.
The processing of this information will be carried out under strict principles of legality, proportionality, purpose and security. Under no circumstances will Cleo sell or share the User's personal data with unauthorized third parties.
Notwithstanding the foregoing, the processing of personal data and the exercise of the rights of the owners will at all times be in accordance with current legislation and any new regulations that may be applicable to the protection of personal data in Chile, which will be understood to be incorporated into these Terms and Conditions as soon as they come into force.
10. COMMUNICATIONS AND STORAGE
In addition, the User authorizes Cleo to send him emails and/or text messages with information related to the services it provides through the Platform, and the User can always revoke this authorization.
The User also authorizes Cleo to store data relating to their name, identity card, telephone, e-mail, address and gender, for the purpose of providing the services covered by this Agreement. Additionally, the User authorizes Cleo to provide this information to the Affiliate Merchant if the latter so requests. On the other hand, and for the proper provision of the services of this Agreement, Cleo may save additional User information, which it will not share with Affiliated Merchants, unless expressly authorized by the Users.
11. CLEO BUYER PROTECTION POLICY
Payments made through Cleo are covered by the Cleo Buyer Protection Policy, which is available at https://cleo.cl/proteccion-al-comprador/.
12. USER RIGHTS OVER THEIR PERSONAL DATA
The User, in his capacity as the owner of personal data, has the right to exercise the rights established in Law No. 19,628 on the Protection of Private Life and other applicable regulations, which include:
- Right of access: request information about the personal data that has been collected, the purposes of its processing, its origin and the recipients to whom it has been communicated.
- Right to rectification: request the correction or updating of your data when they are inaccurate, erroneous, misleading or out of date.
- Right to cancel: request the deletion or deletion of personal data when you consider it, provided that there is no legal or contractual obligation that requires its conservation.
- Right to object: to object to the processing of your personal data for well-founded and legitimate reasons, unless such opposition is required by law.
To exercise these rights, the User may send a request to the email soporte@cleo.cl, duly identifying themselves and clearly stating the right they wish to exercise. Cleo will respond to this request within a maximum period of 10 business days, as established by current legislation.
Cleo may require additional information to verify the identity of the User before processing the request, in order to protect the security of the personal data involved.
13. EXPRESS CONSENT
The User declares to have read and understood that the use of the Services involves the processing of their personal data, including those obtained from third parties, for the sole purpose of providing a secure, personalized service adapted to their risk profile. By accepting these Terms and Conditions, the User grants their free, informed and specific consent for such treatment.
14. UPDATING AND NOTIFICATION OF CHANGES
Cleo may modify these Terms and Conditions, notifying Users of such changes by publishing them on the website www.cleo.cl and/or through the contact channels registered by the User. The modifications will be considered accepted if the User continues to use the Services after the period indicated in the notification has elapsed.
15. VALIDITY
This Agreement will be valid indefinitely, as long as the Platform is available, unless Cleo exercises its discretionary power to terminate the Platform, in which case the User will be duly notified by any reliable means. In the same way, the User may terminate this Agreement at any time, as long as he has no outstanding debts or delinquencies with Cleo, ceasing to use the Platform and notifying Cleo about it.
16. APPLICABLE LAW AND ADDRESS
This Agreement will be governed exclusively by the law of the Republic of Chile. The parties establish their domicile for all legal purposes in the commune of Santiago de Chile, and submit to the exclusive jurisdiction of the Ordinary Courts of Justice with jurisdiction in that commune.
17. ELECTRONIC SIGNATURE
This Agreement, as well as purchases made through the Platform, are concluded by electronic signature in accordance with Law No. 19,799 on Electronic Documents, Electronic Signature and Certification Services for Such Signature.
