GENERAL TERMS AND CONDITIONS FOR THE WWW.EMBACHILE.CZ PAYMENT PORTAL

1.       Portal operator:

·         Embassy of Chile
Registered office: Václavské nám. 1306/55, Praha 1
Email: embachile@embachile.cz

2.       Definitions:

·         Portal:

·         Portal means an IT solution operated at the "www.embachile.cz" web address, which enables the Payer to electronically make the Payment of Consular Service Fees.

·         Operator:

·         The Portal is operated by the Embassy of Chile in Prague. The Operator is responsible for the normal operation of the Portal.

·         Payer:

·         Payer means a natural person or legal entity intending to make the Payment of consular fees charged by the Embassy of Chile through the Portal.

·         Consular fees:

·         Consular fees are fees for consular services charged by the Embassy of Chile according to the applicable tariff established pursuant to Law No 18.340 published in Chilean Business Gazette No 31.983 of 28.9.1984 establishing the new version of the Chilean Consular Tariff and repealing Law No 11.729, as amended.

·         Payment of consular fees:

·         Payment of fees for consular services means the procedure by which the Payer carries out the transfer of funds from his bank account to the bank account of the Operator with the assistance of the IT solution of the Portal. The transfer of funds is realized directly - the Payer is redirected to the Payment Gateway and makes the Payment.

·         Payment gateway:

·         Payment gateway means a software solution connected to the Portal, operated by ČSOB, a.s., which enables the execution of a payment transaction of the Payer. The operation of the Payment Gateway is governed by the Terms and Conditions of ČSOB, a.s. bank.

3.       Basic information about the Portal:

·         The portal offers another way of making the payment of fees for consular services charged by the Embassy of Chile.

·         The portal serves as a public electronic tool for simplifying financial flows from the obliged entity – a client of the Embassy of Chile in Prague.

·         The Portal offers Payers a direct payment method, where the Payer, after entering the access data received together with the payment request, is redirected to the Payment Gateway, where he authorizes the transfer of his funds from his bank account to the bank account of the Operator.

4.       Portal operation:

·         The Portal is operated for the purpose of providing a public service to persons obliged to pay consular service fees charged by the Embassy of Chile, not for the purpose of generating profit. The services of the Portal are provided to the Payer free of charge. This is without prejudice to any costs associated with a specific Payment based on the tariff of the Payer's financial institution.

·         The Portal Operator is not an "obliged entity" within the meaning of Section 2 of Act No. 253/2008 Coll., on Selected Measures against the Legalization of Proceeds from Crime and Financing of Terrorism, as amended. However, in accordance with the recommendation of the Office established by this Act, it applies certain risk mitigation measures within the operation of the Portal, in particular rules within the internal control system, identification of payment senders and identification of payment recipients.

·         When identifying the Payer, the Portal Operator relies on the wording of Section 11 of Act No. 253/2008 Coll., which allows the identification of the Payer to be taken over from a financial institution that has taken adequate steps under this Act within the opening of an individual Payer's bank account. In the event that doubts arise for the Portal Operator about the identity of the person acting as a Payer or about a specific Payment, the Operator of the Portal is entitled to suspend the provision of the Portal's services to the person until reasonable assurance is provided.

·         The legal regulation governing the rules of payment systems (in particular Act No. 370/2017 Coll., on Payment System, as amended) regulates only payment services that are provided as a business. The Operator expressly declares that the activity of the Portal does not meet the characteristics of business, in particular it is not a gainful activity with the intention of making a profit.

·         At the same time, the Operator declares that the operation of the Portal is provided only as a technical service, i.e. support for the provision of payment services through the Payment Gateway, the operation of which is regulated and subject to supervision under the Payment System Act.

·         The Operator further declares that the Portal is operated as a tool for arranging the payment of fees for consular services charged by the Embassy of Chile.

5.       Obligations of the payer:

·         As part of the use of the Portal, the Payer is obliged to:

·         Use the Portal in a way that does not interfere with the functionality of the Portal and the processed financial flows.

·         In the event that the Payer comes to the conclusion during the use of the Portal that he has encountered a technical problem of the Portal, he is obliged to contact the Operator via the "embachile@embachile.cz" email and inform him of his finding.

6.       Complaints and responsibility for the operation of the Portal:

·         The Operator is not responsible for any errors and outages of information systems of banks, card companies, the Payment Gateway provider and other financial institutions linked to the operation of the Portal.

·         If the Payer has any doubts that a particular Payment has been correctly made (amount, processing time, bank accounts, accompanying Payment data, etc.), the Payer will contact the Operator.

7.       Support of Payers as users:

·         The Portal Operator shall provide the Payer with support through the Portal's website, where instructions for using the Portal and a general email embachile@embachile.cz are available.

8.       Relevant standards:

·         The operation of the Portal is governed by the following legal regulations and internal standards:

·         Act No. 89/2012 Coll., the Civil Code, as amended

·          Act No. 370/2017 Coll., the Payment System Act, as amended,

·         Act No. 21/1992 Coll., on Banks, as amended,

·         Act No. 253/2008 Coll., on Selected Measures against Legitimisation of Proceeds of Crime and Financing of Terrorism, as amended,

·         Terms and Conditions of ČSOB, a.s.

·         Vienna Convention on Diplomatic Relations

9.       Effectiveness:

·         These Terms and Conditions come into effect on 01.06.2023.