Andean Wide Capital SpA, (hereinafter “ANDEAN WIDE”) is a company incorporated and existing under the laws of the Republic of Chile, which offers its clients, whether natural persons or legal entities (hereinafter “THE CLIENT” or “THE USER”), a digital platform www.andeanwide.com (hereinafter “WEB PLATFORM”), where the user can access to buy and/or sell and/or transfer digital assets. (Digital assets are understood as the digital representation of units of value of goods or services, except for money in either national currency or foreign exchange, which can be transferred, stored, or exchanged digitally and are issued in a decentralized or centralized manner, in relation to which Andean Wide has no influence of any kind). Furthermore, the user can make national or international payments or collections in local currency to the offered destinations.
These terms and conditions, including their annexes (hereinafter “AGREEMENT”), are acknowledged and accepted by both Andean Wide and the User, recognizing that the services provided on the web platform are technology-based financial services. Both parties also declare that the service provided is neither banking in nature nor can it be considered as such, therefore Andean Wide is subject to the supervision of the CMF (Commission for the Financial Market, in accordance with the provisions of Fintech Law 21.521).
Therefore, before taking any action on the web platform, if the User disagrees, they should refrain from using our services and/or continuing to use them.
This contract (the “Contract”) aims to define and establish the terms and conditions that will govern the relationships between Andean Wide and the user, in relation to the instructions issued on the web platform, whether for the purchase and/or sale of digital assets, payment instructions (“PAYMENT”) or collection and receipt instructions (“COLLECTION”). This will consist of a mandate from the user to Andean Wide, to act on its behalf in its name, to carry out all necessary material and legal acts for the full compliance with the terms established in this contract and in accordance with the provisions of Articles 2116 and following of the Chilean Civil Code, in which, for execution, the user must first provide the necessary funds.
The special mandate mentioned in the preceding section will be understood as ratified by the User each time they instruct a Payment to Andean Wide through the web platform www.andeanwide.com.
In this sense, the issuance of any order or instruction through the web platform will constitute an express ratification of the User’s intent to accept the conditions, characteristics, and modalities under which their instruction is executed, as well as the personal responsibilities assumed and the information provided.
For the User to use the services offered by Andean Wide, they must log into the web platform www.andeanwide.com, complete the registration and verification process by providing the requested information, which must be true and accurate, in accordance with the procedure outlined in the following Third clause, and are obligated to notify of any material changes that involve modifying the information provided through our service channels.
Similarly, the User declares that each time they instruct a Payment to Andean Wide, they are acting on their own behalf and not on behalf of a third party.
The User declares and undertakes to use the Andean Wide web platform only to carry out operations of lawful origin and purpose, in accordance with LAW 20393, as well as international treaties regulating the prevention of money laundering and financing of terrorism.
The services of Andean Wide Capital are offered by the company and instructed by the client only through the web portal www.andeanwide.com. The details for using the services will be specified on the web platform.
Andean Wide is entitled to, at any time and without prior notice, reject an instruction due to misuse of the platform, technological security compromise, pricing errors, or other circumstances involving a risk or impediment to the proper execution of the instructions, such as a possible violation of current regulations. For these purposes, it will be understood that the Andean Wide web platform has been misused when the User attempts to carry out operations prohibited by law, especially those that prevent acts constituting money laundering, fraud, drug trafficking, or other similar circumstances or that violate the company's code of ethics or anti-corruption policies.
The User accepts and is responsible for any damages and losses arising from their use of the Andean Wide web platform, releasing Andean Wide, its directors, employees, agents, dependents, and/or representatives from any liability.
The User declares that they are aware and accept that, due to security policies and compliance with laws on the prevention of money laundering and financing of terrorism, Andean Wide only accepts one account per User.
Andean Wide reserves the right to temporarily and preventively block or prematurely terminate the contract without prior authorization from the User, for accounts suspected of having created more than one account, provided false information, or generated suspicion of being used for any illicit purpose, or when the user refuses to provide necessary information to complete the KYC process or update information.
To access any services offered by Andean Wide, the user must first register on the web platform https://app.andeanwide.com/auth/create-account, complete the information for natural or legal persons, go through the account verification process (a service offered by our service provider RILLIS), validate their email through an OTP code sent, and then provide personal data such as: full names, home address, date of birth, email, profession or occupation, nationality, country of residence, information about their income or the origin of the funds. Likewise, if the user is a legal entity, they will be required to complete the final beneficiaries section and must be authorized to sign agreements on behalf of the company. After providing this information, the user must electronically sign UAF Circular 57 (Financial Analysis Unit), the Politically Exposed Person (PEP) declaration, the declaration of the origin of the funds, the terms and conditions, and the privacy policies. After this, the user must request account verification, which will have a maximum approval or rejection period of 24 business hours.
Similarly, by opening an account on the web platform, the user declares and guarantees the following:
They will not use the account for illegal purposes.
All provided information is true..
They accept all the terms of this agreement.
The funds used do not come from illegal activities or any illegal activity according to the corresponding government authorities.
They will not provide any malicious strategy intended to manipulate any Andean Wide service.
Once the request is accepted, the user can access the web platform www.andeanwide.com with the registered email and password. For security purposes, an additional validation method chosen by the user will be requested, either an OTP code via email or two-factor authentication.
It is the user's responsibility to take all reasonable measures, such as keeping their access data secret, choosing a secure password composed of uppercase and lowercase letters, numbers, and symbols for greater security, and not sharing their access data with third parties. If they do, it is at their own risk.
Users within the Andean Wide web platform can view the balance available in local currency or digital assets. If they wish to use the services for purchasing digital assets, making local currency payments, recharges, or transfers between users, they must have the credited balance in advance. Only transfers to the Andean Wide Capital accounts established on the portal are accepted, and the transfer must be made in local currency. Once the payment is identified, it will be available in the user's balance.
The user understands that Andean Wide, under no circumstances, accepts cash deposits or transfers of funds from individuals other than the verified user. If such an event occurs, Andean Wide Capital's refund policies will be applied.
The user is responsible for providing the correct information for making withdrawals, transfers, or transfers between Andean Wide users. If there are mistakes, the user acknowledges that Andean Wide Capital is not responsible and will not compensate the user.
Likewise, Andean Wide reserves the right not to execute an instruction if, during its verification and monitoring process, any incident is observed that goes against the company's AML policies, triggering the activation of the KYC policy and transaction monitoring, including the application of the refund policy if applicable.
The user can make withdrawals of funds in legal tender to the account registered under the user's name, and these funds may be credited within no more than 3 business days.
Similarly, the user is limited to making withdrawals in legal tender only to countries where Andean Wide is legally established and has enabled bank accounts. Conversely, if the user wishes to withdraw digital assets for funds in local currency, the user will bear the intrinsic exchange rate for such an operation.
The user can make deposits to their balance in the digital assets supported by the web platform. Andean Wide reserves the right to verify the origin wallet of the funds to apply the procedure outlined in the AML prevention manual.
Once the user has credited their balance, they can buy or sell digital assets, which can then be withdrawn to their preferred wallets or credited to the Andean Wide wallet. In both cases, the platform will display the quotation with its validity time, and the user can accept or reject it.
It is also acknowledged and accepted by the user that purchase or sale quotations are constantly updated, causing the price to vary between different quotations. Andean Wide is not responsible for the non-execution of an instruction within the quotation's validity time.
Once the user has credited funds in their balance, they can manage transfers to international accounts in the available countries. They must first register the beneficiary of the operation, then enter the quotation tool and proceed with the transfer. It is acknowledged and accepted by the user that the transfer rate varies and is only valid during the quotation's validity time.
The platform also allows transfers to other Andean Wide users, with the validation of the registered email of the beneficiary user. The user understands and accepts that once the funds are sent, if an error was made, the operation cannot be reversed, and Andean Wide is not responsible to the user.
The user understands that instructions are executed automatically. Once the quotation is accepted and processed, it cannot be canceled, unless rejected for any of the reasons described in LETTER D of this same section.
Andean Wide's web platform provides the user with a history of all transactions carried out on the platform, identified by ID, date, amount, and time, for the user's control and security.
The user also understands and accepts that when the account is closed, due to regulations, Andean Wide is obliged to maintain records for 6 years, with all account information being the property of the company.
The user understands and accepts that Andean Wide will not charge any additional fees beyond those included in the quotations. For withdrawal instructions, the fees charged are those charged by the usage network. No fees will be charged for transfers between Andean Wide users.
When the user has questions or needs help, they can submit a request via email to contacto@andeanwide.com or through the online portal channel.
If the user is a victim or suspects a security breach, the company provides a reporting channel where reports can be submitted anonymously without the risk of retaliation.
The user understands and accepts that Andean Wide does not provide investment recommendations or advice. The information we provide on using the platform should not be considered as advice.
Andean Wide may modify and/or update this Contract at any time. These modifications will be included in the contract published on the web platform at the time of the payment instruction, so the issuance of a new payment instruction will imply acceptance of the new text.
Andean Wide will make every effort to ensure that the web platform www.andeanwide.com is available 24 hours a day, 7 days a week, without prejudice to the hours enabled for making payments, which will be informed on the same website. Given the complexity of data transmission systems and networks, Andean Wide does not guarantee an operation free of failures or interruptions; however, Andean Wide commits to making every necessary effort to restore service continuity as soon as possible in the event of any failures.
The user understands and accepts that Andean Wide and the people related to the enjoyment of the services offered are not responsible in cases that prevent proper functioning or are beyond our control in cases of force majeure, understood as follows:
Natural disasters, such as floods, tornadoes, earthquakes, or hurricanes.
Fires, strikes, riots, civil disturbances, acts of terrorism, wars, or labor conflicts.
Epidemics, pandemics, or public health emergencies of a national or international nature.
Any law or regulation adopted by a government, supranational body, or national authority when we consider that it prevents us from maintaining an orderly market in relation to the instruments traded on the web platform.
Technical failures of transmission, communication, or computer installations, such as power outages.
In cases where the liquidity and service providers with whom Andean Wide operates suspend services.
The Transactional Platform through which online operations are conducted, via the Internet, is supported by highly tested software that meets international standards, hosted on equipment and with connections capable of ensuring its proper operation. Despite this, these systems are vulnerable to interruptions or temporary malfunctions that, if they occur, are of uncertain origin and beyond control. In addition to the technological risks mentioned, there are others inherent to operations through computational means. Therefore, Andean Wide will not be liable for damages of any nature that may arise from events, actions, or omissions beyond its control, nor for any risk inherent in operations through technological means.
The User acknowledges and accepts that Andean Wide will not be liable for the inability to materialize a Payment or for any negative contingency caused by the User's negligence or violation of the terms of this Contract, or when it is due to unforeseen circumstances beyond Andean Wide's control, or due to acts of God or force majeure, such as acts of authority, power outages, network unavailability, environmental disasters, terrorist attacks, or other events of similar nature.
Andean Wide will also not be liable for the inability to materialize the Payment due to errors or inaccuracies in the data, or the inability of the Beneficiary, or the entity through which the Payment is received, to receive it.
The User also acknowledges and accepts that Andean Wide and/or the entities through which Andean Wide materializes the Payments may require additional information regarding the User, the Payment, or the Beneficiary of the same, obligating the User to provide such information to Andean Wide in a timely manner. Andean Wide will not be liable for the non-materialization of the Payment insofar as the User does not provide the requested information.
Andean Wide will treat the personal data provided by the User with due confidentiality and in accordance with current regulations, as also established in the privacy policies.
In accordance with current legislation, the User is informed and accepts that by issuing an instruction, the personal data provided during the process on the Andean Wide web platform, as well as those that are provided, obtained, and/or generated during the term of the Contract (data such as identity document number, email address, date of birth, mobile phone number, among others) will be incorporated into an automated database owned by Andean Wide.
The User expressly authorizes and accepts that such personal data may be used by Andean Wide or transferred by it to related companies and its service providers, always in compliance with the regulations protecting privacy, insofar as it is necessary or convenient to add new attributes or benefits to the Users or to improve the quality of Andean Wide's services and products.
The registered User may request from Andean Wide the rectification, modification, deletion, and/or cancellation of their data whenever deemed appropriate. This is without prejudice to Andean Wide's compliance with its legal and regulatory obligations regarding the information it must retain from its Users through its contact channels.
The User authorizes Andean Wide to provide the entities through which the Payments are materialized, as well as any governmental or judicial authority, with any information related to the User, the Beneficiary, or the Payments instructed.
In relation to the above, the User acknowledges and accepts that Andean Wide is obliged to inform the governmental Financial Control and Analysis agencies of any operations that meet the conditions to be classified as suspicious, and to provide the User's information, Payment details, and Beneficiary data in accordance with the specific requirements made by such agencies.
Andean Wide and the User agree that this Contract will have an indefinite duration, without prejudice to either party terminating it, without cause and without generating any liability, by providing written notice to the other party.
The User acknowledges and accepts that they may not assign, in whole or in part, this Contract and/or any of the rights or obligations derived from it without prior written authorization from Andean Wide.
The User acknowledges and accepts that they may not assign, in whole or in part, this Contract and/or any of the rights or obligations derived from it without prior written authorization from Andean Wide.
This Contract replaces any prior agreement, written or verbal, between the User and Andean Wide concerning the matters subject to this Contract and shall be considered for all purposes as the only agreement in effect between the two parties.
It is expressly noted that, for all purposes of this contract, the parties establish their special domicile in the commune and city of Santiago, Chile.
Any dispute regarding the interpretation, execution, or validity of this Contract shall be resolved in a single instance by an arbitrator appointed by mutual agreement of the parties, who will resolve the issue without formal legal proceedings. The arbitrator's decision shall be final, and the process will be conducted without formal proceedings. The sentence will be enforceable by the mere fact of being issued before a notary, and no appeal will be possible. In the absence of an agreement between the parties, the arbitrator will be appointed by the Arbitration and Mediation Center of the Santiago Chamber of Commerce, according to the current regulations of the aforementioned association.
The User, in their capacity as the manual receiver of electronic documents, and in accordance with Exempt Resolution No. 45 of the Chilean Internal Revenue Service, dated September 1, 2003, declares the following: (1) By this instrument, I authorize Andean Wide Capital SpA, RUT 77.091.316-0, to send me the electronic tax documents that do not cover the transfer of tangible movable goods, solely by electronic means to the email address entered at the time of creating the User account; (2) This authorization will remain in effect as long as it is not revoked by the User, at any time and without the need to state a reason, in accordance with the aforementioned resolution.
If any clause or part thereof is not legally enforceable, this will not affect the other parts of the contract. Additionally, the headings are for reference purposes only.
For countries where ANDEAN WIDE may offer payment processing services, the terms and conditions contained in this instrument will be fully applicable.
All material on the Site and its Contents, including but not limited to texts, data, articles, designs, logos, trademarks, forms, documents, graphics, photos, images, general content, its organization and compilation, source codes, software, among others, and any other information contained on the Site (the 'Content' or 'Contents') are creations of Andean Wide Capital and are protected by laws, international treaties, and administrative regulations related to the protection of intellectual and industrial property rights. Including its logo, trademark, trade names, as well as the domain www.andeanwide.com , are considered 'Registered Trademarks' and are protected by laws, international treaties, and administrative regulations related to the protection of intellectual and industrial property rights.
The Content may not be copied, modified, transformed, reproduced, reused, redistributed, republished, fixed, transmitted, or retransmitted, printed, displayed, or posted by the user in any form and by any means, including but not limited to electronic, mechanical, recording, photocopying, printing, among others, without prior written authorization from Andean Wide Capital. Both the user and Andean Wide Capital declare that the site provides all necessary facilities to allow the user to use, store, or back up within the site, and therefore it is not considered essential to adapt or copy it in any way, and such actions are absolutely prohibited to allow its use, storage, or backup by the user.
Nothing on the Site may be used by third parties without prior written authorization from Andean Wide Capital for each occasion it is required. The user may not modify or create derivatives from any part or the entirety of the content published on the site without prior written authorization from Andean Wide Capital.
The use of Andean Wide Capital's Content on any other site is prohibited, including links to Andean Wide Capital on other websites, with or without the Andean Wide Capital logo, without prior written authorization from it.
CONSEQUENCES OF UNAUTHORIZED USE. Any unauthorized use of any Content on the site will constitute a violation of copyright and/or industrial property laws and regulations, as the case may be, and will entitle Andean Wide Capital to deactivate the account, potentially terminating this Site usage Contract, in addition to exercising all actions, both civil and criminal, aimed at protecting its legitimate intellectual property rights. Any questions regarding registered trademarks and/or the use of Andean Wide Capital's Content should be directed to contacto@andeanwide.com.
The User understands and accepts that in addition to the prohibitions established in this Contract, there are specific prohibitions regarding the use of the site and its content. Therefore, the user may not: a) Use the site and/or its content for purposes that violate the laws and regulations in force in Chile or international agreements, nor engage in any practice that could in any way violate the law, morality, and good customs or infringe the rights of any User. b) Distribute from the site information or content that may be fraudulent, misleading (including misleading advertising of other products), discriminatory, violent, threatening, harassing, defamatory, denigrating, immoral, obscene, or pornographic, and that due to this condition could harm third parties and/or Andean Wide Capital. c) Transmit or distribute on the site any virus, program, or electronic element that could damage or hinder the normal functioning of the site, Andean Wide Capital's systems, its computer equipment, and/or interfere with its security, causing harm to Andean Wide Capital and/or third parties;