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TERMS
AND
CONDITIONS
1. Generalities
This document describes the general terms and conditions (the General Terms and Conditions) applicable to access and use of the services offered by WORKODE S.A.S., (the “Company”) through the site www.fichap.com (“Fichap”), Collaborator Portal, Fichap Point and Fichap Mobile (the “Applications”), Dashboard (the “Dashboard”) and other services offered, in their different modalities.
Any human person, of legal age, or legal person who wishes to access and/or use FICHAP, the Dashboard and/or the Applications and other services, in their different forms, offered by the Company may do so by registering and subject to the General Terms and Conditions applicable at that time, together with all other policies and principles governing FICHAP, the Dashboard and/or the Applications and other services offered by the Company (the “User”).
ANYONE WHO DOES NOT ACCEPT THESE CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING FICHAP, THE DASHBOARD, THE APPLICATIONS AND/OR THE SERVICES.
2. Acceptance of the contract and its amendments
The use of FICHAP, the Dashboard, as well as all the Applications and other services, in their different modalities, offered by the Company implies the acceptance, without reservation, by the User of the General Terms and Conditions, the Privacy Policy and any other document referred to in the present document. The Company may unilaterally modify these General Terms and Conditions. The modifications will be mandatory as soon as they are published in FICHAP or as soon as they are notified to the User, whichever comes first.
3. Services
FICHAP is a platform that provides, for a price, software services to Users for the digital management of their work teams, helping them to have greater clarity and control in the organization of the Organization's human resources, as will be defined later.
FICHAP has related services that it provides through its Applications or other technological means, which may be used according to the contracted plan or service. The services may be offered for an individual cost and/or plans that include different functionalities. Each type of contract offered may vary in its benefits, incorporating certain functionalities and limiting/cancelling others, which may vary in order to introduce improvements to the User experience, at the sole discretion of the Company.
It is clarified that:
a) The Company does NOT manage human resources by itself, and this function belongs to those who are responsible for the management of the affected personnel, their work teams and the management of the information entered to FICHAP, the Dashboard and/or the Applications;
b) The Company has NO relationship with the people who make up and/or have integrated the User's work teams;
c) The Company is a mere provider of services, through FICHAP, the Dashboard and the Applications, providing tools to Users for greater clarity in the organization of human resources, and; d) By contracting the service, the User recognizes and accepts that the service provided by the Company is a media obligation.
4. Access to the service. User registration
Human persons, adults of legal age and/or legal persons who wish to contract the services provided by the Company must contract a plan and sign the relevant documents (hereinafter the “Organization”).
4.1 FICHAP, the Dashboard and the Applications have three types of users, who will be linked to the Organization (henceforth all of them interchangeably and together will be referred to as “Users”). It is mandatory to have a User to be able to use the services of FICHAP, the Dashboard and the Applications. Owner Users: This is the User who represents the Organization, the only one with the power to cancel the Service, the Organization and the Users within FICHAP, the Dashboard and the Applications, as well as the only one with the capacity to delegate the powers mentioned in the Administrator User (s). The username and the respective password of the Owner User will be granted to the email provided by the representative of the Organization that has contracted the Services, and will empower him to create Collaborator and Administrator users. Administrator User: This User will have the powers assigned to him by the Owner User to, among others, create Collaborating Users within FICHAP, the Dashboard and the Applications. The Managing User is linked to the national identification number that identifies the corresponding human person, and will have a unique password that will be sent to the email individualized by the Owner when creating the user. Collaborating User: This is the employed User and/or human person with a work or service relationship with the Organization, who can access the services of the Applications. Owner Users, and authorized Administrator Users, must create the Collaborating User by entering the data required by FICHAP, the Dashboard and the Applications, including a photo of the User, which will allow them to access the service. Users must meet the other requirements established herein to become a User and have an Account in FICHAP, in the Dashboard and in the Applications, in addition to entering their personal identification data.
4.3 To access the FICHAP Services, the Dashboard, the Applications and other services, in the different modalities provided by the Company, Users will have a password to access their Profile and the Services, which may be represented in an alphanumeric or other code, an image (facial recognition or other type) and any other code offered by the system, which will be the exclusive knowledge of the User (hereinafter the “Access Key”).
4.4 The User undertakes to keep all their personal data up to date and to comply with the regulations that apply to them by virtue of the practice of commerce and/or their art/profession. The Company is NOT responsible for the certainty and veracity of the personal data provided by its Users. Users guarantee and are responsible, in any case, for the veracity, accuracy, validity and authenticity of the personal data entered.
4.5 The Company reserves the right to request any proof, supporting documentation and/or additional data in order to corroborate the personal data entered by Users, as well as to temporarily or permanently suspend those Users whose data could not be confirmed. In these cases of disqualification or cancellation, the User will not be able to operate on FICHAP, the Dashboard, the Applications and/or the other services offered by the Company, in any of their modalities, and access to their account is prohibited, without this giving rise to any right to compensation for any reason.
4.6 Users are personal, unique and non-transferable.
4.7 Users will be responsible for all operations carried out on FICHAP, the Dashboard, the Applications and the other services, in their different modalities, offered by the Company, since access is restricted to access and use with their User and Access Key, which are the exclusive knowledge of the User. The User undertakes to notify the Company immediately and by appropriate and reliable means of any unauthorized use by a User, as well as access by unauthorized third parties. It is clarified that the sale, transfer or transfer of Users, under any title, is prohibited.
4.8 The Company reserves the right to reject any request for registration or to cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision and without giving rise to any right to compensation or compensation.
4.9 The User undertakes to hold the Company harmless against claims of any kind and/or legal actions from themselves or from a third party, due to the information provided, deficiencies, inaccuracies and/or lack of it.
5. Use and custody
5.1 Keys. The User undertakes to make diligent use of their Access Key, as well as not to communicate or make it available to third parties. The User undertakes to notify the Company, as soon as possible, of the loss or theft of their Access Key, as well as any risk of its seizure by a third party.
5.2 Obligation to make proper use of FICHAP, the Dashboard, the Applications and other services, in their different forms, offered by the CompanyThe User undertakes to use FICHAP, the Dashboard, the Applications and the other services offered by the Company, in their different modalities, in accordance with the law, these General Conditions, the applicable Particular Conditions, as well as with generally accepted morals and good customs and public order. The User undertakes to refrain from using FICHAP, the Dashboard, the Applications and other services, which in different ways are offered by the Company, for illegal purposes or effects, contrary to what is established in these General Conditions, or that are harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate FICHAP, the Dashboard, the Applications and the other services offered by the Company, in their different modalities, as well as prevent their normal use or enjoyment by Users.
5.3 Means for obtaining Content. The User must refrain from obtaining or attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material accessible through FICHAP, the Applications, the Dashboard and other services, in their different forms (hereinafter, the Contents) using means or procedures other than those that, depending on the case, have been made available or indicated for this purpose.5.4 Prohibited Uses. FICHAP, the Dashboard, the Applications and others services, which in their different modalities offered by the Company, can only be used by Users for lawful purposes. The Company specifically prohibits any use of FICHAP, the Dashboard, the Applications and other services, in their various forms for illegal purposes, and all Users agree to refrain from:
- Announce incomplete, false or inaccurate data or data that is not authentic.
- Register more than one account corresponding to the same User, a natural person with the same national identification number; or legal entity with the same tax identification code.
- Use any mechanism, software or routine to prevent or attempt to prevent the proper functioning of FICHAP, the Dashboard, the Applications and other services, in their different modalities or any activity that is being carried out in FICHAP, the Dashboard, the Applications and other services, in their different modalities.
- Perform any action that imposes a disproportionate or disproportionate burden on the FICHAP infrastructure, the Dashboard, the Applications and other services, in their different modalities.
- The use or attempt to use any machine, software, tool, agent or other mechanism or device (including but not limited to browsers, spiders, robots, avatars or intelligent agents) to navigate or search in FICHAP, the Dashboard, and Applications that are different from the search machines or search agents made available by the Company and different from the generally available web browsers (e.g. Chrome, Mozilla, Safari, Microsoft Explorer), both in FICHAP, the Dashboard, and in the Applications and other services.
- Attempt to decipher, decompile or obtain the source code of any software program that comprises or constitutes a part of FICHAP, the Dashboard, the Applications and other services, in their different forms, offered by the Company. The Company reserves the right to cancel any User who does not comply with the standards defined in these General Conditions or with the Company's current policies (including the Special Conditions of any Service provided by the Company), without giving rise to any right to compensation . The Company will have the same right to suspend or cancel any User who, at its discretion, has breached these General Conditions or for having committed malicious or fraudulent conduct or acts through the use of FICHAP, the Dashboard, the Applications and other services, in their different forms, offered by the Company.
6. Paid Services
FICHAP, the Dashboard, the Applications and other services, in their different modalities, have paid Services. If a User wishes to use them, they must first pay for them or obtain a paid subscription (the “Monthly Subscription”). There may be free services, which at any time may become remunerated, at the Company's discretion. If the User does not promptly pay the amounts invoiced for the concepts of Paid services, the Company may cancel the Organization and the related Users. The Company reserves the right to modify, at any time, the onerous or free nature of any service, such as the value of the same, without giving rise to the right to compensation or refund of any sum.
7. Intellectual and industrial property
7.1. The content, design and source code of FICHAP, the Dashboard, the Applications and the other services offered by the Company, in their different forms, in particular, and including but not limited to, the photographs, images, graphics, compilation of information, texts, logos, designs, brands, trade names and data included therein are the property of the Company or its licensor. It is forbidden to copy, allow public access through any form of public communication, transform or modify the contents or distribute the content of FICHAP, the Dashboard, the Applications and the other services offered by the Company, in their different forms.
7.2. The logos, brands, and any content found in FICHAP, the Dashboard, the Applications and other services offered, in their different forms, are the property of the Company or its licensor, and Users must respect the terms of the license granted and the intellectual rights that the Company holds over its works or brands.
7.3. Users and visitors are advised that such rights are protected by legislation relating to copyright, intellectual and industrial property. The total or partial reproduction of FICHAP, the Dashboard, the Applications and other services offered by the Company, even through a hyperlink, and of any of its contents, without the express written permission of the Company, is expressly prohibited.
7.4. In addition, copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action involving a violation of local and/or international regulations on intellectual and/or industrial property, as well as the use of the contents of FICHAP, the Dashboard, the Applications and other services, in their various forms, is totally prohibited, unless with the prior express written authorization of the Company.
7.5 The Company informs that it does not grant any implicit license or authorization to intellectual and/or industrial property rights or to any other right or property related, directly or indirectly, to the content included in FICHAP, the Dashboard, the Applications and other services, in their various forms.
8. Company liability limit
The Company does not assume any liability deriving from, but not limited to:
1. The use that Users or visitors may make of FICHAP material, the Dashboard, the Applications, other services or link websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of FICHAP content, the Dashboard, the Applications or third parties;
2. Of the content published by Users in FICHAP, the Dashboard and/or the Applications, whether files or information.
3. Any damages and losses to Users or visitors, caused by the normal or abnormal functioning of the search tools, the organization or location of the content and/or access to FICHAP, the Dashboard, the Applications and other services offered by the Company and, in general, errors or problems that arise in the development or instrumentation of the technical elements that FICHAP, the Dashboard, the Applications and other services or a program provides to the User or visitor;
4. The contents of those pages that Users or visitors can access from links included in FICHAP, the Dashboard, and/or the Applications, whether authorized or not;
5. From the acts or omissions of third parties, regardless of whether these third parties may be linked to the Company by contractual means; 6. For communications or dialogues during debates, forums, chats, communications and virtual communities that are organized through the FICHAP environment, the Dashboard, and/or the Linking Applications and/or Web, nor will it be responsible, therefore, for any damages suffered by Users or private and/or collective visitors as a result of such communications and/or dialogues; The Company will not be responsible under any circumstances when:
a) Errors or delays in accessing FICHAP, the Dashboard and/or the Applications by the User when entering their data or accessing information or documents, the slowness or impossibility of receiving a communication or information by the recipients or any anomaly that may arise when these incidents are due to problems in the Internet network, a cause of unforeseeable circumstances or force majeure and any other unforeseeable contingency beyond the good faith of the Company;
b) Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the FICHAP services, the Dashboard, the Applications and other services, in their different forms, are constantly operational;
c) Errors or damages caused to FICHAP, the Dashboard, the Applications and other services offered by the Company, in their different forms due to an inefficient and bad faith use of the service by the User;
THE COMPANY'S LIABILITY TO USERS AND TO ANY THIRD PARTY IN RELATION TO THE SERVICE PROVIDED THROUGH FICHAP, THE DASHBOARD, THE APPLICATIONS AND/OR OTHER SERVICES OFFERED BY THE COMPANY IN ITS DIFFERENT MODALITIES, WHETHER CONTRACTUAL, NON-CONTRACTUAL OR LEGAL, WILL NOT EXCEED, AS A WHOLE, THE PRICE ACTUALLY PAID BY THE PURCHASER IN CONSIDERATION FOR THE PRODUCT OR SERVICE PURCHASED OR $1,000 IN THE CASE OF USERS WHO USE THE FREE SERVICES. SUBJECT TO THE LIMIT ESTABLISHED ABOVE, THE COMPANY WILL ONLY BE LIABLE FOR FORESEEABLE DIRECT DAMAGES THAT CONSTITUTE CONSEQUENTIAL DAMAGE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR INDIRECT OR IMMEDIATE EXPENSES, LOSSES OR DAMAGES, LOSS OF DATA, LOSS OF EMPLOYMENT OPPORTUNITIES, LOSS OF PROFITS, MORAL DAMAGE OR PUNITIVE DAMAGES.
9. Guarantee
To the maximum extent permitted by law, the Company does not guarantee that FICHAP, the Dashboard, the Applications and other services offered by the Company, in their various forms, are error-free, that they do not contain viruses or that they cannot cause harm. The Services provided by the Company are provided under the “as it is” rule, without any kind of explicit or implied warranty included, but not limited to the accuracy, reliability, completeness or timeliness of the Company's software, service or content. The only warranty given is that the Service meets its specifications and that it will be substantially free of major program errors and defects.
10. Nullity
In the event that any clause of these General Terms and Conditions is declared totally or partially null and void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these Conditions. Abstention by the Company from exercising any of the rights and powers conferred in this document will not imply, in any case, the waiver of them unless the Company has given express recognition or prescription of the appropriate action in each case.
11. Capacity
Our Services are only available to those individuals who have the legal capacity to contract. Therefore, those who do not meet this condition should refrain from providing personal information to be included in our databases.
12. Modification of the terms of use
The Company reserves the right to modify, at any time, the presentation and configuration of FICHAP, the Dashboard, the Applications and other services, in their different modalities, as well as these General Terms and Conditions. Therefore, the Company recommends that the User read them carefully each time they access FICHAP, the Dashboard, the Applications and other services, in their different modalities. Users will always have these General Terms and Conditions in a visible place, freely accessible for any questions they want to make. In any case, the acceptance of these General Terms and Conditions will be a prior and indispensable step for the acquisition and use of any Service available through FICHAP, the Dashboard, and the Applications.
13. Ley aplicable y jurisdicción
Estos Términos y Condiciones se rigen por las leyes de la República Argentina. En caso de controversia que se derive de los presentes Términos y Condiciones Generales y para la resolución de los conflictos, las partes se someten a los Tribunales Nacionales Ordinarios con asiento en la Ciudad Autónoma de Buenos Aires, República Argentina.
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