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TERMS &
CONDITIONS
Terms &
conditions
1. General Provisions
This document describes the general terms and conditions (the General Terms and Conditions) applicable to the access and use of the services offered by WORKODE S.A.S., (the "Company") through the website 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 natural person of legal age, or legal entity wishing to access and/or use FICHAP, the Dashboard, and/or the Applications and other services, in their different modalities, offered by the Company may do so by registering and subjecting themselves to the General Terms and Conditions applicable 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 (the "User").
ANY PERSON 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 Modifications
The use of FICHAP, the Dashboard, as well as all Applications and other services, in their different modalities, offered by the Company implies the User's unreserved 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 will be binding from their publication on FICHAP or from their notification to the User, whichever occurs first.
3. Services
FICHAP is a platform that provides, for a fee, software services to Users for the digital management of their work teams, helping them achieve greater clarity and control in the organization of the Organization's human resources, as will be defined later.
FICHAP offers related services through its Applications or other technological means, which may be used according to the contracted plan or service. Services may be offered for an individual cost and/or plans that include different functionalities. Each offered contracting modality may vary in its features, incorporating certain functionalities and limiting/nullifying others, which may change to introduce improvements in the User's 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 responsible for 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 or have been part of the User's work teams;
c) The Company is merely a service provider, through FICHAP, the Dashboard, and the Applications, offering tools to Users for greater clarity in human resource organization, and; d) By contracting the service, the User acknowledges and accepts that the service provided by the Company is an obligation of means.
4. Service Access. User Registration
Natural persons of legal age and/or legal entities wishing 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 (hereinafter all of them indistinctly and collectively referred to as "Users"). It is a mandatory requirement 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 authority to terminate the Service, the Organization, and 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 Owner User's username and respective password will be granted to the email informed by the Organization's representative who has contracted the Services, and will enable them to create Collaborator and Administrator users. Administrator User: This User will have 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 natural person, and will have a unique password that will be sent to the email identified by the Owner when creating the user. Collaborator User: This is the employee User and/or natural person with an employment or service relationship with the Organization, who will be able to 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 allow access to the service. Users must comply with the other requirements established herein to acquire the status of User and have an Account in FICHAP, on the Dashboard, and in the Applications, in addition to entering their identifying personal data.
4.3 To access the Services of FICHAP, the Dashboard, the Applications, and other services, in the different modalities provided by the Company, Users will have a key to access their Profile and the Services, which may be represented by an alphanumeric key or other configuration, an image (facial recognition or other type), and any other offered by the system, which will be exclusively known to the User (hereinafter the "Access Key").
4.4 The User undertakes to keep all their personal data updated and to comply with the regulations applicable to them by virtue of their trade and/or profession. The Company is NOT responsible for the accuracy 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 termination, the User will not be able to operate in FICHAP, the Dashboard, the Applications, and/or the other services offered by the Company, in any of its modalities, with access to their account being prohibited, without this generating 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 in FICHAP, the Dashboard, the Applications, and in the other services, in their different modalities, offered by the Company, as access is restricted to entry and use with their User and Access Key, which is exclusively known to the User. The User undertakes to notify the Company immediately and by suitable and reliable means of any unauthorized use of a User, as well as unauthorized access by third parties. It is clarified that the sale, assignment, or transfer of Users, under any title, is prohibited.
4.8 The Company reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or indemnification.
4.9 The User undertakes to indemnify the Company against claims of any kind and/or legal actions originating from themselves or a third party, caused by the information provided, its deficiencies, inaccuracies, and/or its absence.
5. Use and Custody
5.1 Passwords. The User undertakes to make diligent use of their Access Key, as well as not to communicate it or make it available to third parties. The User undertakes to communicate to the Company, as soon as possible, the loss or theft of their Access Key, as well as any risk of it being taken by a third party.
5.2 Obligation to make proper use of FICHAP, the Dashboard, the Applications, and other services, in their different modalities, offered by the Company. The 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 Specific Conditions, as well as generally accepted morals and good customs and public order. The User undertakes to refrain from using FICHAP, the Dashboard, the Applications, and the other services, offered by the Company in different modalities, for illicit purposes or effects, contrary to what is established in these General Conditions, or that are detrimental 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 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 different modalities (hereinafter, the Content) by using means or procedures other than those that, as the case may be, 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 different modalities, 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 different modalities, for unlawful 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 corresponding to the same User, whether a natural person with the same national identification number; or a legal entity with the same tax identification key.
- Using any mechanism, software, or routine to impede or attempt to impede the proper functioning of FICHAP, the Dashboard, the Applications, and other services, in their different modalities, or any activity being carried out in FICHAP, the Dashboard, the Applications, and other services, in their different modalities.
- Performing any action that imposes a disproportionate or excessive load on the infrastructure of FICHAP, the Dashboard, the Applications, and other services, in their different modalities.
- 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 that are different from the search engines or search agents made available by the Company and different from generally available web browsers (e.g., Chrome, Mozilla, Safari, Microsoft Explorer), both in FICHAP, the Dashboard, and in 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 different modalities, offered by the Company. The Company reserves the right to terminate any User who does not comply with the standards defined in these General Conditions or with the Company's current policies (including the Specific 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 Conditions or has engaged in malicious or fraudulent conduct or acts through the use of FICHAP, the Dashboard, the Applications, and other services, in their different modalities, offered by the Company.
6. Paid Services
FICHAP, the Dashboard, the Applications, and other services, in their different modalities, include paid services. If a User wishes to use them, they must first pay for them or obtain a paid subscription (the "Monthly Subscription"). Free services may exist, which may at any time become paid, at the Company's discretion. If the User does not promptly pay the amounts invoiced for Paid services, the Company may terminate the Organization and linked Users. The Company reserves the right to modify, at any time, the paid or free nature of any service, as well as its value, 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 other services offered by the Company, in their different modalities, especially, and by way of example but not limitation, the photographs, images, graphics, compilation of information, texts, logos, designs, trademarks, trade names, and data included therein are owned by the Company or its licensor. Copying, allowing public access through any form of public communication, transforming or modifying the content, or distributing the content of FICHAP, the Dashboard, the Applications, and other services offered by the Company, in their different modalities, is prohibited.
7.2. The logos, trademarks, and any content found in FICHAP, the Dashboard, the Applications, and other services offered, in their different modalities, are owned by the Company or its licensor, and Users must respect the terms of the granted license and the intellectual rights that the Company holds over its works or trademarks.
7.3. Users and visitors are warned that such rights are protected by copyright, intellectual, and industrial property legislation. 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 contents, is expressly prohibited without the express written permission of the Company.
7.4. Likewise, 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, as well as the use of the content of FICHAP, the Dashboard, the Applications, and other services, in their different modalities, is strictly prohibited without the prior express written authorization of the Company.
7.5 The Company informs that it does not grant any implicit license or authorization over intellectual and/or industrial property rights or over any other related right or property, directly or indirectly, with the content included in FICHAP, the Dashboard, the Applications, and other services, in their different modalities.
8. Company's limitation of liability
The Company assumes no liability arising from, by way of example but not limitation:
1. For the use that Users or visitors may make of the material from FICHAP, the Dashboard, the Applications, other services, or linked Websites, whether prohibited or permitted, in infringement of the intellectual and/or industrial property rights of FICHAP, the Dashboard, the Applications, or third-party content;
2. For the content published by Users on FICHAP, the Dashboard, and/or the Applications, whether files or information.
3. For any damages to Users or visitors caused by normal or abnormal operation 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, for 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 provide to the User or visitor;
4. For the content of pages that Users or visitors may access from links included in FICHAP, the Dashboard, and/or the Applications, whether authorized or not;
5. For the acts or omissions of third parties, regardless of whether these third parties may be contractually linked to the Company; 6. For 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, therefore, for any damages that Users or individual and/or collective visitors may suffer as a result of such communications and/or dialogues; The Company shall not be liable in any case when the following occur:
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 reception by recipients of a communication or information, or any anomaly that may arise when these incidents are due to problems in the Internet network, acts of God or force majeure, and any other unforeseeable contingency beyond the Company's good faith;
b) Failures or incidents that may occur in communications, deletion, or incomplete transmissions, meaning that the services of FICHAP, the Dashboard, the Applications, and other services, in their different modalities, are not guaranteed to be constantly operational;
c) Errors or damages caused to FICHAP, the Dashboard, the Applications, and other services offered by the Company, in their different modalities, due to inefficient and 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 DIFFERENT MODALITIES, WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL, OR LEGAL, SHALL NOT EXCEED, IN AGGREGATE, THE PRICE ACTUALLY PAID BY THE PURCHASER IN CONSIDERATION FOR THE PRODUCT OR SERVICE ACQUIRED OR $1,000 IN THE CASE OF USERS WHO USE FREE SERVICES. SUBJECT TO THE AFOREMENTIONED LIMIT, THE COMPANY SHALL ONLY BE LIABLE FOR DIRECT, FORESEEABLE DAMAGES CONSTITUTING ACTUAL LOSS. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INDIRECT OR CONSEQUENTIAL EXPENSES, LOSSES, OR DAMAGES, LOSS OF DATA, LOSS OF EMPLOYMENT OPPORTUNITY, LOSS OF PROFIT, MORAL DAMAGES, OR PUNITIVE DAMAGES.
9. Warranty
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 different modalities, are free of errors, do not contain viruses, or cannot cause damage. The Services provided by the Company are offered "as is," without any explicit or implicit warranty, including, but not limited to, the accuracy, reliability, completeness, or timeliness of the Company's software, service, or content. The only guarantee provided is that the Service complies with its specifications and that it will be substantially free of significant program errors and defects.
10. Nullity
Should any clause of these General Terms and Conditions be declared totally or partially void, the remaining clauses will remain in force and will be interpreted taking into account the parties' intent and the purpose of these Conditions. The Company's abstention from exercising any of the rights and powers conferred in this document will not, under any circumstances, imply a waiver of them, unless expressly acknowledged by the Company or due to the statute of limitations for the corresponding action.
11. Capacity
Our Services are only available to individuals who have the legal capacity to enter into contracts. Therefore, those who do not meet this condition 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, 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 available on a visible, freely accessible site for any queries they wish to make. In any case, 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. Applicable 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 and for the resolution of conflicts, the parties submit to the Ordinary National Courts located in the Autonomous City of Buenos Aires, Argentine Republic.
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