GENERAL TERMS AND CONDITIONS
1. General
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 human person, of legal age, or legal entity that wishes 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 such 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”).
ANY PERSON 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 contract and its modifications
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 reservations, by the User of the General Terms and Conditions, the Privacy Policy and all other documents referred to herein.
The Company may unilaterally modify these General Terms and Conditions. The modifications will be binding from their publication in FICHAP or from their notification to the User, whichever comes 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 to have greater clarity and control in the organization of human resources of the Organization, as will be defined hereinafter.
FICHAP has related services that provides through its Applications or other technological means, which may be used according to the plan or service contracted.
The services may be offered for an individual cost and/or plans that include different functionalities. Each contracting modality offered may vary in its benefits, incorporating certain functionalities and limiting/canceling others, which may vary in order to introduce improvements in the User's experience, at the Company's sole discretion.
It is stated that: a) The Company does NOT manage the human resources itself. This function belongs to those who are in charge of the management of the personnel affected by their work teams and the management of the information introduced to FICHAP, the Dashboard and/or the Applications; b) The Company has NO relationship with the people who integrate and/or have integrated the User's work teams; c) The Company is a mere service provider, through FICHAP, the Dashboard and the Applications, providing tools to the Users for greater clarity in the organization of human resources, and; 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 and user registration
4.1 The human persons, of legal age and/or legal entities that wish to contract the services provided by the Company, must contract a plan and subscribe the pertinent documents (hereinafter the ”Organization”).
4.2 FICHAP, the Dashboard and the Applications have three types of users, which will be linked to the Organization (hereinafter all of them indistinctly and collectively will be referred to as the ”Users”). It is a mandatory requirement to have a User in order to use the services of FICHAP, the Dashboard and the Applications.
Owner Users: It 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 aforementioned powers to the Administrator(s) User(s). The user and the respective password of the Owner User, will be granted to the mail informed by the representative of the Organization that has contracted the Services, and will authorize him/her to create Collaborator and Administrator users.
Administrator User: The Administrator User will have the authorization assigned by the Owner User to, among others, create Collaborator Users within FICHAP, the Dashboard and the Applications. The Administrator User is linked to the national identification number that identifies the corresponding human being, and will have a unique password that will be sent to the e-mail address specified by the Owner when creating the user.
Collaborator User: It is the employee User and/or human person with a work or service relationship with the Organization, who will be able to access the services of the Applications. The Owner Users, and the 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 character of User and have an Account in FICHAP, the Dashboard and the Applications, in addition to entering their personal identification data.
4.3 In order to access the FICHAP Services, the Dashboard, the Applications and other services, in the different modalities provided by the Company, the Users will have a password to access their Profile and the Services, which may be represented in an alphanumeric password or of another conformation, an image (facial recognition or other type) and any other type offered by the system, which will be of exclusive knowledge of the User (hereinafter the ”Access Password”).
4.4 The User makes the commitment to keep all his/her personal data updated and to comply with the regulations applicable to him/her by virtue of the exercise of his/her trade and/or his/her art/profession. The Company is NOT responsible for the accuracy and veracity of the personal data provided by its Users. The 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 the Users, as well as to temporarily or definitively suspend those Users whose data could not be confirmed. In these cases of disqualification or cancellation, 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, and the access to his/her account will be forbidden, without this generating the right to any compensation for any concept.
4.6 Users are personal, unique and non-transferable
4.7 The Users will be responsible for all the operations carried out in FICHAP, the Dashboard, the Applications and in the other services, in their different modalities, offered by the Company, since the access is restricted to the entrance and use with their User and Password, of exclusive knowledge of the User. The User agrees to notify the Company immediately and by suitable and reliable means, of any unauthorized use of a User, as well as access by unauthorized 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 hold the Company harmless against claims of any kind and/or legal actions from himself or from a third party, due to the information provided, the deficiencies, inaccuracies and/or lack thereof.
5. Use and custody
5.1 Passwords.
The User undertakes to make diligent use of his or her Access Code, as well as not to communicate or make it available to third parties.
The User undertakes to inform the Company, as soon as possible, of the loss or theft of his/her Access Code, as well as any risk of it being taken over by a third party.
5.2 Obligation to make correct 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 Particular Conditions, as well as with generally accepted morals and good customs and public order.
The User undertakes to abstain from using FICHAP, the Dashboard, the Applications and the other services, which in different modalities are offered by the Company, for illicit purposes or effects, contrary to what is established in these General Conditions, or which are harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload or deteriorate FICHAP, the Dashboard, the Applications and the other services offered by the Company, in their different modalities, as well as impede their normal use or enjoyment by the Users.
5.3 Means for obtaining Contents.
The User shall 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 Contents) using means or procedures other than those which, as the case may be, have been made available or indicated for this purpose.
5.4 Banned Uses.
FICHAP, the Dashboard, the Applications and other services, which the Company offers in its 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 its different modalities, for illicit purposes, and all Users agree to refrain from:
Posting incomplete, false or inaccurate data or inauthentic data.
Register more than one account corresponding to the same User, natural person with the same national identification number; or legal entity with the same tax identification code.
Use 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 that is being carried out in FICHAP, the Dashboard, the Applications and other services, in their different modalities.
Taking any action that imposes a disproportionate or unreasonable load on the infrastructure of FICHAP, the Dashboard, the Applications and other services, in their different modalities.
Using or attempting 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 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, the Applications or other services.
Attempt to decode, decompile or obtain the source code of any software program comprising or constituting 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 deactivate any User who does not comply with the standards defined in these Terms and Conditions or with the Company's policies in force (including the Particular Conditions of any Service provided by the Company), without any right to compensation. The Company shall have the same right to suspend or deactivate any User who, in its opinion, has breached these General Conditions or for having incurred 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, have paid Services. In the event that a User wishes to use them, he/she must first pay for them or obtain a paid subscription (the ”Monthly Subscription”). There may be free services, which may be converted into paid services at any time, at the Company's discretion. In the event that the User fails to timely pay the amounts invoiced for Paid Services, the Company may deactivate the Organization and the associated Users.
The Company reserves the right to modify, at any time, the onerous or free nature of any service, as well as the value of the same, without generating the 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 different modalities, in particular, but not limited to, the photographs, images, graphics, compilation of information, texts, logos, designs, trademarks, commercial 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 contents or distribute the contents of FICHAP, the Dashboard, the Applications and the other services offered by the Company, in their different forms.
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 license granted 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 laws. The total or partial copying of FICHAP, the Dashboard, the Applications and other services offered by the Company, even by means of a hyperlink, and of any of its contents, without the express written permission of the Company is prohibited.
7.4 Likewise, the copying, duplicate, adaptation, modification, distribution, commercialization, public communication and/or any other action that involves an infringement 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 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 license or implicit authorization on the intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in FICHAP, the Dashboard, the Applications and other services, in their different modalities
8. Limit of liability of the company
The Company assumes no liability whatsoever arising from, including but not limited to:
Of the use that Users or visitors may make of the material of FICHAP, the Dashboard, the Applications, the other services or Web links, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of FICHAP content, the Dashboard, the Applications or third parties;
Of the content published by Users on FICHAP, the Dashboard and/or the Applications, whether files or information.
For possible damages to the Users or visitors, caused by a normal or unusual functioning of the search tools, the organization or location of the contents and/or access to FICHAP, the Dashboard, the Applications and other services offered by the Company and, in general, for the errors or problems that are generated 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;
Of the contents of those pages to which the Users or visitors can access from links included in FICHAP, the Dashboard, and/or the Applications, whether authorized or not;
The actions or omissions of third parties, regardless of whether these third parties may be linked to the Company by contract;
Of the communications or dialogues in the course of the debates, forums, chats, communications and virtual communities that are organized through the FICHAP environment, the Dashboard, and/or the Applications and/or the linking Web, nor shall it be liable, therefore, for any damages suffered by the Users or individual and/or collective visitors as a consequence of said communications and/or dialogues;
The Company shall not be liable in any case when they occur:
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 the recipients of a communication or information or any anomaly that may arise when these incidents are due to problems in the Internet network, cause of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of the Company;
Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the services of FICHAP, the Dashboard, the Applications and other services, in their different modalities, are constantly operational;
Errors or damages caused to FICHAP, the Dashboard, the Applications and other services offered by the Company, in their different modalities, due to an inefficient and in bad faith use of the service by the User;
THE LIABILITY OF THE COMPANY TOWARDS THE USERS AND ANY THIRD PARTY IN RELATION TO THE SERVICE PROVIDED THROUGH FICHAP, THE DASHBOARD, THE APPLICATIONS AND/OR THE OTHER SERVICES OFFERED BY THE COMPANY IN ITS DIFFERENT MODALITIES, WHETHER FROM CONTRACTUAL, NON-CONTRACTUAL OR LEGAL SOURCES, SHALL NOT EXCEED, AS A WHOLE, THE PRICE EFFECTIVELY 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 SET FORTH ABOVE, THE COMPANY SHALL ONLY BE LIABLE FOR FORESEEABLE DIRECT DAMAGES CONSTITUTING CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL EXPENSES, LOSSES OR DAMAGES, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF 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 free of errors, do not contain viruses or cannot cause damage. The Services provided by the Company are provided on an ”as it 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 given is that the Service complies with its specifications and that the Service will be substantially free of major program errors and defects.
10. Nullity
In the event that any provision of these General Terms and Conditions shall be declared wholly or partially invalid, the remaining provisions shall remain in full force and effect and shall be construed in accordance with the will of the parties and the purpose of these Terms and Conditions.
The abstention of the Company regarding to the exercise of any of the rights and powers conferred herein shall not imply, in any case, the waiver of the those, unless expressly recognized by the Company or prescription of the action that in each case corresponds.
11. Capacity
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 the User to read them carefully each time he/she accesses FICHAP, the Dashboard, the Applications and other services, in their different modalities. The Users will always have these General Terms and Conditions in a visible place, freely accessible for any queries they may wish to make. In any case, the acceptance of these General Terms and Conditions shall be a prior and indispensable step for the acquisition and use of any Service avail
able through FICHAP, the Dashboard, and the Applications.
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 the User to read them carefully each time he/she accesses FICHAP, the Dashboard, the Applications and other services, in their different modalities. The Users will always have these General Terms and Conditions in a visible place, freely accessible for any queries they may wish to make. In any case, the acceptance of these General Terms and Conditions shall be a prior and indispensable step for the acquisition and use of any Service avail
able through FICHAP, the Dashboard, and the Applications.
13. Applicable Law and Jurisdiction
These Terms and Conditions are governed by the laws of the Republic of Argentina. In case of controversy arising from these General Terms and Conditions and for the resolution of conflicts, the parties submit to the National Ordinary Courts located in the Autonomous City of Buenos Aires, Republic of Argentina.