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TERMS &
CONDITIONS
Terms &
conditions
1. General Information
This document describes the general terms and conditions applicable to the access and use of the services offered by Fichap SA (Tax ID 30-71616580-5) through the website www.fichap.com, the Employee Portal, Fichap Point, Fichap Mobile, the Dashboard, and other services offered in their various forms (the "Company" and/or "Fichap").
Any individual of legal age or legal entity wishing to access and/or use FICHAP, the Dashboard, and/or the Applications and other services may do so by registering and agreeing to the General Terms and Conditions in effect at that time, along with all other policies and principles governing FICHAP, the Dashboard, and/or the Applications and other services offered by the Company.
ANYONE WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING FICHAP, THE DASHBOARD, THE APPLICATIONS, AND/OR THE SERVICES.
2. Acceptance of the agreement and its modifications
The use of FICHAP, the Dashboard, as well as all Applications and other services in their various forms, implies the User's unconditional acceptance of the General Terms and Conditions, the Privacy Policy, and any other document referred to herein. The Company may unilaterally modify these General Terms and Conditions. Modifications shall be binding from the moment they are published on FICHAP or notified to the User, whichever occurs first.
Acceptance of these Terms and Conditions, as well as any modifications thereto, may be expressed by electronic means (checking a box, clicking, or continuing to use the Service after the corresponding notification), with the Company's electronic records constituting sufficient proof of such acceptance, in accordance with Article 286 of the National Civil and Commercial Code.
3. Services
FICHAP is a platform that provides software services to Users for a fee for the digital management of their work teams, helping them achieve greater clarity and control in the organization of the Organization's human resources.
FICHAP has related services provided through its Applications or other technological means, which may be used according to the plan or service contracted. Services may be offered for an individual fee and/or in plans that include different features. Each contracting option offered may vary in its features, incorporating certain functionalities and limiting/disabling others, which may change in order to introduce improvements to the User experience, at the Company's sole discretion.
It is clarified that:
a) The Company does not manage human resources itself; this function belongs to those in charge of directing the personnel assigned to their work teams and managing the information entered into FICHAP, the Dashboard, and/or the Applications.
b) The Company has NO relationship with the individuals who are and/or have been part of the User's work teams.
c) The Company is merely a service provider that, through FICHAP, the Dashboard, and the Applications, offers tools to Users to provide greater clarity in the organization of human resources.
d) By contracting the service, the User acknowledges and accepts that the service provided by the Company is an obligation of means.
4. Access to the service. User registration
Legal-age individuals and/or legal entities wishing to contract the services provided by the Company must select a plan and sign the relevant documents.
4.1 FICHAP, the Dashboard, and the Applications have three types of users, all of which are linked to the Organization. It is a mandatory requirement to have a User account to use the services of FICHAP, the Dashboard, and the Applications.
Owner User: The User who represents the Organization and is the only one with the authority to terminate 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 aforementioned powers to Administrator User(s). The username and password for the Owner User will be sent to the email address provided by the representative of the Organization that contracted the Services, and will authorize them to create Collaborator and Administrator users.
Administrator User: A User who possesses the powers assigned by the Owner User to, among other things, create Collaborator Users within FICHAP, the Dashboard, and the Applications. The Administrator User is linked to the national identification number that identifies the corresponding individual and will have a unique password sent to the email address specified by the Owner when creating the user.
Collaborator User: An employee and/or individual with an employment or service relationship with the Organization who may access the services of the Applications. Owner Users, and Administrator Users authorized to do so, must create the Collaborator User by entering the data required by FICHAP, the Dashboard, and the Applications, including a photo of the User, which will grant them access to the service.
Users must comply with the other requirements established herein to acquire User status and have an account on FICHAP, the Dashboard, and the Applications, in addition to entering their identifying personal data.
4.3 To access the FICHAP Services, the Dashboard, the Applications, and other services in the various forms provided by the Company, Users will have a password to access their Profile and the Services, which may be an alphanumeric code or another configuration, an image (facial recognition or other type), or any other method offered by the system, which will be known exclusively to the User.
4.4 The User commits to keeping all their personal data updated and complying with the regulations applicable to them by virtue of their trade and/or their art/profession. The Company is NOT responsible for the accuracy and veracity of the personal data provided by its Users. Users guarantee and are liable, in any case, for the veracity, accuracy, validity, and authenticity of the personal data entered.
4.5 The Company reserves the right to request proof, supporting documentation, and/or additional information to verify the personal data entered by Users, as well as to temporarily or permanently suspend those Users whose data could not be confirmed. In such cases of disqualification or termination, the User will not be able to operate on FICHAP, the Dashboard, the Applications, and/or other services offered by the Company in any of their forms, and access to their account will be denied, without this generating any right to compensation for any reason.
4.6 User accounts are personal, unique, and non-transferable.
4.7 Users are responsible for all operations performed on FICHAP, the Dashboard, the Applications, and other services offered by the Company in their various forms, as access is restricted to entry and use with their User ID and Access Password, which are known exclusively to the User. The User agrees to notify the Company immediately and by reliable and appropriate means of any unauthorized use of a User account, as well as access by unauthorized third parties. It is clarified that the sale, assignment, or transfer of User accounts is prohibited under any circumstances.
4.8 The Company reserves the right to reject any registration request or to cancel a previously accepted registration, without being obligated to communicate or explain the reasons for its decision and without this generating any right to compensation or indemnity.
4.9 The User agrees to hold the Company harmless against claims of any kind and/or legal actions arising from the User or a third party, caused by the information provided, deficiencies, inaccuracies, and/or the lack thereof.
5. Use and custody
5.1 Passwords. The User agrees to make diligent use of their Access Password and not to communicate it or make it available to third parties. The User agrees to notify the Company as soon as possible of the loss or theft of their Access Password, as well as any risk of it being accessed by a third party.
5.2 Obligation to make proper use of FICHAP, the Dashboard, the Applications, and other services offered by the Company in their various forms.
The User agrees to use FICHAP, the Dashboard, the Applications, and other services offered by the Company in their various forms in accordance with the law, these General Terms and Conditions, the applicable Specific Terms and Conditions, as well as generally accepted moral standards, good customs, and public order.
The User agrees to refrain from using FICHAP, the Dashboard, the Applications, and other services offered by the Company in their various forms for illicit purposes or effects, contrary to what is established in these General Terms and 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 other services offered by the Company in their various forms, or prevent their normal use or enjoyment by Users.
5.3 Means of 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 various forms by using means or procedures other than those that have been made available or indicated for this purpose.
5.4 Prohibited uses.
FICHAP, the Dashboard, the Applications, and other services offered by the Company in their various forms may 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 illicit purposes, and all Users agree to refrain from:
Posting incomplete, false, or inaccurate data, or data that is not authentic.
Registering more than one account for the same User, whether an individual with the same national identification number or a legal entity with the same tax identification number.
Using 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 various forms, or any activity being carried out on FICHAP, the Dashboard, the Applications, and other services, in their various forms.
Performing any action that imposes a disproportionate or excessive load on the infrastructure of FICHAP, the Dashboard, the Applications, and other services, in their various forms.
The use or attempted use of 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 FICHAP, the Dashboard, and the Applications, other than the search engines or search agents made available by the Company and other than generally available web browsers (e.g., Chrome, Mozilla, Safari, Microsoft Explorer), whether on FICHAP, the Dashboard, or the Applications and other services.
Attempting 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 various forms, offered by the Company.
The Company reserves the right to terminate any User who does not comply with the standards defined in these General Terms and Conditions or with the Company's current policies (including the Specific Terms and Conditions of any Service provided by the Company), without this generating any right to compensation. The Company shall have the identical right to suspend or terminate any User who, in its judgment, has breached these General Terms and Conditions or has engaged in malicious or fraudulent acts through the use of FICHAP, the Dashboard, the Applications, and other services, in their various forms, offered by the Company.
6. Paid services
FICHAP, the Dashboard, the Applications, and other services, in their various forms, include paid services. If a User wishes to use them, they must first pay for them or obtain a paid subscription. There may be free services, which may be converted into paid services at any time at the Company's discretion. If the User does not pay the amounts invoiced for paid services on time, the Company may terminate the Organization and its linked Users.
The Company reserves the right to modify, at any time, whether any service is provided for a fee or free of charge, as well as the cost thereof, without this generating any right to compensation or restitution of any amount.
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 various forms—specifically, but not limited to, photographs, images, graphics, information compilations, text, logos, designs, trademarks, trade names, and data included therein—are the property of the Company or its licensor. It is prohibited to copy, allow public access through any form of public communication, transform or modify the content, or distribute the content of FICHAP, the Dashboard, the Applications, and the other services offered by the Company, in their various forms.
7.2. The logos, trademarks, and any content found on FICHAP, the Dashboard, the Applications, and other services offered, in their various 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 trademarks.
7.3. Users and visitors are advised that such rights are protected by legislation regarding copyright, intellectual property, and industrial property. The total or partial reproduction of FICHAP, the Dashboard, the Applications, and other services offered by the Company, even by means of a hyperlink, and of any of their content, is expressly prohibited without the express written permission of the Company.
7.4. Furthermore, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication, and/or any other action that constitutes an infringement of local and/or international intellectual and/or industrial property regulations is strictly prohibited, as is the use of the content of FICHAP, the Dashboard, the Applications, and other services, in their various forms, without the prior express written authorization of the Company.
7.5 The Company states that it does not grant any implied license or authorization regarding intellectual and/or industrial property rights or any other rights or property related, directly or indirectly, to the content included in FICHAP, the Dashboard, the Applications, and other services, in their various forms.
8. Limitation of liability of the company
The Company assumes no liability whatsoever arising from, including but not limited to:
1. The use that Users or visitors may make of the material on FICHAP, the Dashboard, the Applications, other services, or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the content of FICHAP, the Dashboard, the Applications, or third parties.
2. Content published by Users on FICHAP, the Dashboard, and/or the Applications, whether files or information.
3. Any damages to Users or visitors caused by the normal or abnormal functioning of search tools, the organization or location of content, and/or access to FICHAP, the Dashboard, the Applications, and other services offered by the Company, and, in general, errors or problems generated in the development or implementation of the technical elements that FICHAP, the Dashboard, the Applications, and other services or a program provides to the User or visitor.
4. The content of pages that Users or visitors may access via links included in FICHAP, the Dashboard, and/or the Applications, whether authorized or not.
5. Acts or omissions of third parties, regardless of whether these third parties are contractually linked to the Company.
6. Communications or dialogues during debates, forums, chats, communications, and virtual communities organized through the FICHAP environment, the Dashboard, and/or the Applications and/or linked websites, nor shall it be liable for any damages suffered by Users or individual and/or collective visitors as a result of such communications and/or dialogues.
The Company shall not be liable in any case for:
a) Errors or delays in the User's access to FICHAP, the Dashboard, and/or the Applications when entering data or accessing information or documents, the slowness or impossibility of recipients receiving a communication or information, or any anomaly that may arise when these incidents are due to Internet network problems, acts of God, force majeure, or any other unforeseeable contingency beyond the Company's good faith.
b) Failures or incidents that may occur in communications, deletions, or incomplete transmissions, such that it is not guaranteed that the services of FICHAP, the Dashboard, the Applications, and other services, in their various forms, will be constantly operational.
c) Errors or damage caused to FICHAP, the Dashboard, the Applications, and other services offered by the Company, in their various forms, due to inefficient or bad-faith use of the service by the User.
THE COMPANY'S LIABILITY TO USERS AND ANY THIRD PARTY IN RELATION TO THE SERVICE PROVIDED THROUGH FICHAP, THE DASHBOARD, THE APPLICATIONS, AND/OR OTHER SERVICES OFFERED BY THE COMPANY IN THEIR VARIOUS FORMS, WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL, OR LEGAL, SHALL NOT EXCEED, IN THE AGGREGATE, THE PRICE ACTUALLY PAID BY THE PURCHASER IN EXCHANGE FOR THE PRODUCT OR SERVICE ACQUIRED, OR $1,000 IN THE CASE OF USERS UTILIZING FREE SERVICES. SUBJECT TO THE LIMITATION ESTABLISHED ABOVE, THE COMPANY SHALL ONLY BE LIABLE FOR DIRECT, FORESEEABLE DAMAGES THAT CONSTITUTE ACTUAL LOSS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INDIRECT OR CONSEQUENTIAL EXPENSES, LOSSES, OR DAMAGES, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LOST PROFITS, MORAL DAMAGES, OR PUNITIVE DAMAGES.
9. Warranty
To the maximum extent permitted by law, the Company does not warrant that FICHAP, the Dashboard, the Applications, and other services offered by the Company, in their various forms, are error-free, free of viruses, or incapable of causing damage. The services provided by the Company are offered on an "as is" basis, without any express or implied warranty of any kind, including, but not limited to, the accuracy, reliability, completeness, or timeliness of the Company's software, service, or content.
The only warranty provided is that the Service meets its specifications and will be substantially free of significant programming errors and defects.
10. Severability
In the event that any clause of these General Terms and Conditions is declared totally or partially void, the remaining clauses shall remain in full force and effect and shall be interpreted in accordance with the intent of the parties and the purpose of these Terms.
The Company's failure to exercise any of the rights and powers granted herein shall not, in any case, imply a waiver of such rights, unless expressly acknowledged by the Company or upon the expiration of the applicable statute of limitations.
11. Capacity
Our Services are available only to those who have the legal capacity to enter into contracts. Therefore, those who do not meet this requirement must refrain from providing personal information to be included in our databases.
12. Modification of Terms of Use
The Company reserves the right to modify the presentation and configuration of FICHAP, the Dashboard, the Applications, and other services, in their various forms, as well as these General Terms and Conditions, at any time. Therefore, the Company recommends that the User read them carefully each time they access FICHAP, the Dashboard, the Applications, or other services. Users will always have these General Terms and Conditions available in a visible location, freely accessible for any inquiries they may wish to make. In any case, acceptance of these General Terms and Conditions is a mandatory prerequisite for the acquisition and use of any Service available through FICHAP, the Dashboard, and the Applications.
13. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the Argentine Republic. In the event of any dispute arising from these General Terms and Conditions, the parties submit to the jurisdiction of the Ordinary National Courts located in the Autonomous City of Buenos Aires, Argentine Republic.
14. Term, Termination, and Effects
This agreement shall remain in effect as long as the User maintains an active Account on FICHAP, the Dashboard, or the Applications. The Owner User may terminate the Service at any time via their profile or by providing formal notice to the Company. Once the contractual relationship has ended, the Company will provide the Owner User with the means to export any exportable information and data uploaded to the platform for a period of seven (7) consecutive days. Regarding information that cannot be exported due to its technical characteristics, the Client may request its deletion, without prejudice to the retention periods set forth in the Privacy Policy.
15. Notifications
All notifications that the Company is required to send to the User shall be considered validly made when sent to the email address registered in the User's Account. Notifications that the User is required to send to the Company must be directed to info@fichap.com.
16. Force Majeure
Neither party shall be liable for failure to perform its obligations when such failure results from a fortuitous event or force majeure, including, without limitation, acts of public authority, pandemics, natural disasters, or widespread failures in Internet connectivity or technology infrastructure providers, provided that such events are beyond the control of the affected party and prevent the fulfillment of its obligations.
17. Assignment
The Company may assign, transfer, or subcontract, in whole or in part, the rights and obligations arising from this agreement, including in the context of corporate reorganization, merger, spin-off, or business sale processes, provided that the User is notified of such assignment. The User may not assign or transfer their contractual position without the prior written consent of the Company.
All rights reserved. Fichap SA.
08-26 First issue.
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