Terms and Conditions

The following terms and conditions regulate the permitted use of the platform https://fch.brightidea.com/ (hereinafter, indistinctly, the Platform). By simply registering in the Platform, it will be understood that the Users accept the Terms and Conditions that regulate the access and use of the site https://fch.brightidea.com/ that Fundación Chile through its Expande Program makes freely available for the Users. Access to said portal implies unreserved acceptance. The use of certain services offered in this site will also be governed by the particular conditions provided in each case, which are understood to be accepted by the mere use of said services.

1.  Background

Expande seeks to promote the development of ecosystems that allow creating virtuous circles between the challenges of the natural resources industry and innovative solutions from local and international companies.

Under an open innovation and associativity model, we seek that companies and suppliers capture value for their businesses by incorporating and implementing technologies.

Value Proposition:

For companies (Partners)

• A timely and agile response to innovation demands, through an efficient and effective search for the best technological solutions available in local and international ecosystems.
• We contribute to develop a more positive impact of our partners in the territories they operate.

Suppliers (Users)

• We enable greater opportunities for the supplier ecosystem based on the companies' challenges.
• We assist in technology transfer processes of solutions successfully implemented in the industry.
• We support and advise companies looking to scale-up their business in the industry.
• We transfer knowledge and tools to the ecosystem.

This public-private initiative, under the Alta Ley Mining National Program, is co-designed and implemented by Fundación Chile and strategic partners Corfo, Antofagasta Minerals, BHP, Codelco, Teck, Sierra Gorda, Ministry of Economy, Development and Tourism, Ministry of Mining, and the IDB Lab (hereinafter referred to as the Partners).

Expande prospects technological solutions and identifies capabilities available in our ecosystem as well as in other international ecosystems by providing this Platform, where the many needs identified by the Partners will be published, which require innovative solutions and other initiatives, which lead to know the innovation supply, promote the development and complementation of technological capabilities, as well as the commercial scale-up of Chilean technology-based companies.

2.    Objectives

Expande aims to increase the probability of matchmakingbetween innovators and technology-based companies and the Partners participating in the Program, in order to promote the development of technological solutions and/or innovation projects. Therefore, and depending on the opportunities that arise, beyond the specific participation in any Challenge or Initiative, the information provided by participating companies regarding their technological solutions and capabilities will be shared with the Partners involved, while safeguarding the confidentiality aspects herein mentioned, which the applicant companies, proposers, Users and/or visitors of Expande declare to know and accept. The referred information will be provided to the User through the forms made available in the User Platform.

3.    How to Participate

Expande alongside its Partners has identified different operational and technological challenges present in its operations. Based on this, different initiatives and Challenges will be made available through the Platform containing the description of the problem or need to be covered, in order to invite innovators to propose their solutions through an application form.

Users will be able to register their solutions by entering and completing the form available on the Platform link corresponding to the initiative they wish to apply for. The Platform will enable participants to create a username and password.

Users will be able to enter and edit the self-characterization and Open Space forms to make adjustments at any time to ensure that the information they have provided is up to date.

In the case of challenges, proposals may not be edited during the call for proposals. However, users may request the addition or deletion of information through the comments section. Participants must accept these terms and conditions before submitting proposals.

At this stage, participants expressly understand and accept that the information provided by them is not confidential and authorize its use by Expande for the purposes of the Program, particularly to make this information available to its Partners. Therefore, Expande expressly requests to the Platform participants that at this stage not to disclose sensitive technical information of their solutions. By registering the proposal, the proposer accepts that Expande may request additional information necessary for the process, signing the corresponding confidentiality agreements, if necessary.

The solution proposed must be original and must not include contents pertaining to third parties, unless the User is authorized to use said content. In that case, the User must provide Expande with the authorization, license, or document proving authorization to use said content. In addition, by accepting these terms and conditions, Users affirm that they have not transferred the intellectual property of their solution to another person or company.

It is important to note that Expande recommends a set of technological solutions to each participating company, being these who define the solutions that prequalify, to advance in the administrative process contained in the bases of each Challenge until the award stage.

Expande does not finance or develop projects, being its main goal connecting and presenting the best technological solution proposals for the Challenges of the companies that are part of the Program (Antofagasta Minerals, BHP, Codelco, Sierra Gorda, and Teck) in order to generate new businesses with high scaling and export potential.

Expande reserves its right, at its discretion, to give feedback throughthe comments section of each Challenge contained in the Platform, both to the companies selected by the Partner to continue in the competitive process, as well as to those left out at any stage and modality.

WHY PARTICIPATE?

Through this Program, Expande seeks to support entrepreneurs, companies, technology or research centers, and associations of companies that offer innovative solutions for a proposed Challenge, in order to help them develop, test, and implement their solutions with the Expande Partner companies, and therefore promote the growth of their businesses.

In addition, from the feedbackprovided by the participants, they will be contributing to the entrepreneurial ecosystem.

4.    Who Can Participate

Any natural person over 18 years of age or legal person duly and legally constituted, with its legal personality in force. If you wish to participate in one of our initiatives or Challenges, you must create an account. Only registered participants can offer their solutions in the online platform. You can register using your email address. Creating an account does not give the User ownership of the account. Expande reserves its right to refuse, suspend, or delete accounts, for instance, if the User does not comply with the rules or has previously had its account refused or deleted.

5.    Types of Open Innovation Initiatives

Users may join Expande with open innovation initiatives (indistinctly "initiatives") available in the Platform. This can be through the many offers available for the ecosystem, such as; self-characterization of solutions, applying to the Challenges, Open Space, Portfolio Scale, as well as any other new initiative articulated by Expande. They all seek to encourage innovators to submit solutions for the operational and technological complexities of the Partners.

6.    Platform Registration and Password

Access to the Platform will always be subject to the User’s prior registration by filling out the User Registration Form. Expande reserves its right to freely accept or reject the User’s registration application. The information entered by the User in the Registration Form must be complete, truthful, and updated ("Personal Data"). Users must guarantee and are responsible, in all events, for the truthfulness, accuracy, completeness, validity, and authenticity of the Personal Data entered. All information and Personal Data entered by the User is a sworn statement.

Expande reserves its right, at its sole discretion, to request proof and/or additional information in order to corroborate or increase the Personal Data information provided by the User, as well as to temporarily or permanently suspend User accounts whose data could not be confirmed, whose additional information requested by Expande was not provided, or that once provided was deemed insufficient or incomplete.

The access and use of the Platform shall be subject to a password assigned by the User when filling out the registration form, therefore, when entering the password, the access shall be deemed to have been made by the User, who will be liable in all cases for said access and use.

The User will be responsible at all times for the custody of its password, assuming, consequently, the damages that may arise from its misuse, as well as its transfer or disclosure. In case of forgetting the password or any other circumstance that involves a risk of access and/or use by any unauthorized third party, the User shall immediately inform Expande through the same platform, this being the official channel for the blocking and replacement of the password. In any case, the operations carried out prior to such communication will be deemed to have been carried out by the User, who shall be responsible for and shall pay the costs and/or damages arising from any unauthorized access and/or use carried out prior to such communication.

7.    Expande's Commitments

• Expande declares that the information provided by the Users, consisting of technological solutions data, customers, Users’ business or affairs, either directly or indirectly, which are not generally known to the public including, but not limited to, all operations, business and know-how, or of those who are commercially or financially related to them, and which have come to their knowledge through the Forms and/or information requests of Expande, shall be deemed as reserved. In view of the above, Expande agrees to maintain and use all information provided by Users for the sole purpose of developing matchmaking services with the Partners described above, and for internal use and monitoring.
• Expande undertakes to carry out the due traceability of the impact of the participation of Users in the Expande Program. This will be carried out by requesting information from Users regarding the contracts signed by virtue of their participation in the Program, the amount of said contracts, capital raised, closing of business with customers, and job creation among others. This information will be collected over telephone calls from Expande professionals, surveys, personal interviews, or other ad-hoc means, in order to generate aggregate impact indicators of direct and indirect impact of Expande on the ecosystem and to perform statistical studies with aggregate and anonymous character, to design improvements in the services provided by the Platform. The disaggregated information, such as the individualization of the companies, will be confidential, will be for Expande's internal use, and will be safeguarded in compliance with current data protection laws.

8.    User Commitments

• The User guarantees being over 18 years of age and that the information provided is accurate and truthful.
• All Users must comply with the rights of third parties and may not breach copyrights, trademark rights, or any other intellectual property rights of others. In this sense, the User ensures that the information and content uploaded to this Platform is owned or has the appropriate permissions to make use and transfer of such information without infringement of any third-party rights.
• Users are solely responsible for the material delivered to Expande and for the authenticity of the information provided at the time of applying to any initiative or Challenge. Likewise, Users declare that they undertake to hold Expande and its Partners harmless from any liability that may arise from the infringement of the rights of third parties who have or claim to have rights to any content uploaded to the platform expandemineria.cl.
• In the event of a claim of infringement of any third party rights, in particular intellectual property rights, Expande is expressly authorized to remove or disable access to the material, regardless of the fact that the affected party may contact the allegedly infringing User directly and request the removal of the content, or take any legal action it deems appropriate. All communications between Users and Expande will be made through the application platform in the comments section and the queries derived to the Q&A section.
• Users expressly declare that they are the original authors of the ideas as well as of the media through which these ideas are conveyed. The responsibility for registering, enrolling, or managing the intellectual or industrial property rights of any works, software, designs, trademarks, invention patents/license of any kind that are recognized by the legislation in force, rests exclusively upon the participants.
• Account information must remain confidential at all times. It is not permitted for anyone other than the person who created the account to use said account. The person creating the account must guarantee that he/she keeps the password and access data. We advise using a “strong " password (a password with a combination of lowercase letters, uppercase letters, and numbers). Expande is in no way liable for any loss or damage to the account if the User does not comply with the terms outlined above. Expande is in no way liable for the theft of your account, e.g. by "phishing". Expande will never ask its Users for personal data such as a User name or password via email. If any personal data is requested, the User will always be redirected to the Expande platform.
• Users agree to provide the necessary information to ensure adequate traceability of the impact of their participation in the Expande Program. In this sense, as consideration for the free provision of the Platform, Users shall collaborate by informing the effects of their participation in the Program. This will be done by providing information required by Expande regarding the contracts signed by virtue of their participation in the Program, the amount of said contracts, capital raised, business closings with clients, and job creation, among others. This information will be collected by the following means:

1. Electronic survey (Google forms).
2. Links through the Innovation Management Platform.
3. Follow-up telephone calls from Expande professionals in addition to the methods described above.

The foregoing, with the purpose of generating aggregate impact indicators of Expande's direct and indirect impact on the ecosystem, and to carry out aggregate and anonymous statistical studies, which allow designing improvements in the services provided by the Platform. The disaggregated information, such as the individualization of companies, will be confidential and will be for Expande's internal use only, and will be safeguarded in compliance with current data protection laws. Users shall periodically deliver an update on the status of the technological solutions portfolio that have already been entered. Users shall keep the information updated by accessing it directly through their User account.

• The User, in order to collaborate with the Ecosystem and in exchange for using the Expande Platform, agrees to deliver the information described in the previous paragraph throughout the duration of the Expande Program, and as long as the User's activity is consistent with the participation of the companies in its Network.
• The use of the account may not, in any way violate applicable laws. This includes infringements of privacy legislation, intellectual property rights, criminal code, etc. The account may not be used in any way to promote illegal activities.

9.    Account Cancellation and/or Suspension

Expande may terminate or suspend an account at any time without providing grounds, which will result in the closure of the User's account.

In addition, Expande may, in case the User fails to comply with these terms and conditions or with the applicable law on the subject, suspend or terminate the Platform service without any prior notice, reserving the right to claim damages that such breach has caused.

10.    Content for Partners

The User acknowledges and agrees that Expande will deliver the information provided by him/her to its Partners, who may create or have created content and ideas that may be similar or identical to his/her solution in concept, theme, idea, format, or other aspects. The User acknowledges and agrees that the Partner may develop solutions on its own. The intellectual property of every solution, technology, deliverable or otherwise, shall belong exclusively to the party that has generated it. If the foregoing has been developed jointly between User and Partner, both shall be co-owners of the rights referred to in the proportion in which they have participated in the development, or as agreed by the Parties in writing. In the event that your solution is identical or similar to that of another User, any dispute thereon, including but not limited to intellectual property, trade secret or otherwise, shall be resolved between said Users, without claiming liability on the part of Expande or its Partners.

During and after the course of your participation in the Expande Program, through any initiative or Challenge, the User agrees NOT TO DISCLOSE through the Platform any confidential information, including:

Content and private information about any company; Information owned by companies of which the User is or has been an employee or for which the User performs or has performed consulting work; Information over which the User has a duty or over which the User has agreed to hold in confidence; Private information, including trade secrets that are not owned exclusively by the User.

11.    Terms and Conditions of Use

The purpose of the Platform made available on the website is to inform Users about calls for each initiative, enable the formal registration for Users to submit their proposals, and assist in the connection between Users and Partners. Therefore, the fact of using the Platform and/or registering a proponent or a proposal implies the acceptance of all conditions set forth in these terms and conditions and other documents and communications related to the Expande Program.

The individuals who, on their own behalf, on behalf of several participants of a joint proposal, or on behalf of a legal entity, creates or uses a User access on the Platform, shall be referred to as "User" (all of which are referred to in this document as proponents, applicants, or participants). It will be deemed that for all purposes the User acts in the name and on behalf of the participant(s) submitting the proposal(s).

If a User accesses and/or uses the Platform on behalf of a legal entity, whether as an employee, consultant, or external agent of said entity, he/she declares and warrants that he/she has the authorization to act on behalf of said company and accepts these terms and conditions, as well as all the conditions of the calls for the Challenge to which he/she is applying to. The damages that may arise from not having the aforementioned authorization will be borne by the User. Expande may at any stage of the process request the verification of this authorization, under penalty of excluding the proposal from the process.

Expande reserves the right to make, at any time and without prior notice, modifications and updates to the information contained in the Platform, the configuration and presentation of the Platform, and access terms and conditions.

Expande does not guarantee the absence of interruptions or errors in access to the Web or its content, nor that it is updated. Expande will carry out -provided that there are no causes that make it impossible or difficult to execute, and as soon as it becomes aware of errors, disconnections, or lack of updating the contents- all efforts to correct errors, restore communication, and update the contents.

The information provided by the User in the application, will only be visible to Expande and the Partner that is requesting technological solutions. It will not be available to other Users submitting their solutions to the same or another Challenge or initiative. Expande will share the information provided by the User to each ad-hoc Partner within the framework of a specific Challenge or initiative, and may also share the contact information of Users and companies that in Expande's criteria have capabilities or offer attractive technological solutions for other Partners. The aforementioned in order to strategically promote and generate more matchmaking instances between Users and Partners, allowing for the generation of new business and the development of capabilities.

The User must ensure that the email they provided in the registration form is enabled as a secure email address, the following: noresponderexpande@fch.cl and innovacion.abierta@fch.cl. This, in order to guarantee receipt of the notifications that will be sent by Expande, so they do not end up in the spam or junk e-mail folder.

The User is solely responsible for the use and security of his/her password and all activities in connection with the account.

12.    Intellectual Property

The intellectual property rights of the page expandemineria.cl, its source code, design, navigation structure, databases, and the various elements contained therein are owned by Expande, who has the exclusive rights to exploit them in any way and in particular, the rights of reproduction, distribution, public communication, and transformation. The use of this Platform does not imply in any case the transfer of these intellectual property rights to the Platform Users. Each User must be aware of these rights and must act accordingly; therefore, reproduction, distribution, modification, or transmission of the Platform and its contents without authorization is prohibited.

On the other hand, the information shared by the User through the Platform expandemineria.cl will be registered in the CRM (Customer Relationship Management) and file of "expandemineria.cl", according to our privacy policies.

Expande is the owner of the industrial and intellectual property rights related to its products, services, logos, images, videos, texts, etc. With regard to the mention of products and services of third parties, Expande recognizes in favor of their owners the corresponding industrial and intellectual property rights, not their mere mention or appearance on the Web the existence of rights or any responsibility of Expande on them, nor endorsement, sponsorship, or recommendation by Expande, unless expressly stated.

The Platform provided by Expande does not grant any warranty of any kind for any type of damage that the User may suffer from the information, software, applications, or any other data or work contained in the Platform.

The unauthorized use of the information contained in the Platform, its re-sale, as well as violation of Expande's Intellectual or Industrial Property rights will result in the liabilities established by law.

13.    Modifications and Notifications

Expande retains the exclusive right to modify, replace, supplement, and/or rectify these terms and conditions of use of the Platform and will notify Users by email or through a notice on the Platform, of any decision taken in this regard. Users must accept any such changes before continuing to use the Platform. Continued use of the Platform constitutes an act of acceptance of said modifications.

Expande may make the proper notifications through a general notice on the Platform, through the email address provided by the User in the registration form, by SMS, or via regular mail to the address provided by the User in the registration form. The User, in turn, may send notifications to Expande using the chats, chat rooms, comments section, or other forums available within the application Platform.

Expande reserves the right to cancel, modify, or suspend the call to any Challenge or initiative and the Program for any reason, without any compensation or obligations of any nature to the Participants and Users. Notwithstanding the foregoing, Expande will inform participating Users of any changes to those already referred to through the Platform, either by private message or through a general announcement on the site expandemineria.cl.

The User must immediately modify, in its User account, any change related to the information registered in it and that is necessary for the correct communication between parties. In this regard, Expande will not be liable for any damages that such failure to update the information may cause.

14.    Applicable Legal Regime

These Terms and Conditions, as well as the relationship between Expande and the User, shall be governed by and construed in accordance with the laws of Chile. The parties agree to submit to the jurisdiction of the ordinary courts of Santiago de Chile for the interpretation, application, enforcement, resolution, or any dispute arising from these terms and conditions.

15.    Authorizations

By registering in any of the initiatives such as: self-characterization of solutions, application to the Challenges, Open Space, Portfolio Scale, as any other new initiative articulated by Expande or others in expandemineria.cl, you expressly authorize Expande to access, retain and disclose information from your account, in the following cases:

1. For the purposes of the Expande Program, in particular, to propose the registered solutions to the Partners, in order to generate a business opportunity for the innovative applicant.
2. If required by a competent authority.
3. To respond to third party claims.
4. To protect the rights, property or safety of Expande, participants, Users and the public.

In any case, the User agrees not to access or use the Platform or its services for any activity other than the purposes of the Program. The User is authorized to use the services only in strict compliance with these terms and conditions, and the use of the Platform services for any other purpose is prohibited without Expande’s prior written consent.

16.       Cookies Policy

By accepting these Terms and Conditions and by using the Platform, the User agrees that Expande uses cookies to: i) identify the User's preferred language in order to automatically select it when the User returns to the mobile application or the website; ii) analyze the traffic of the use of the Platform so that Expande can make the appropriate improvements. Please note that the Platform cannot be used without cookies. If you require additional information about Expande's use of cookies, please write to us through the platform in the Q&A section.

17.       Information

For more information regarding open innovation initiatives; self-characterization of solutions, application to the Challenges, Open Space, Portfolio Scale, as any other new initiative articulated by Expande, you should communicate through the same platform in the Q&A section, which is available in order to maintain the traceability of communications. 

In the event that your queries correspond to the status of your application or any query derived from your participation in a specific Challenge or open innovation initiative, these should be channeled through the application platform using your User account.

Last update: October 2021