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Terms &
Conditions
TERMS &
condiTIons
1. General provisions
This document sets out the general terms and conditions (the “General Terms and Conditions”) applicable to access to and use of the services offered by WORKODE S.A.S. (the “Company”) through the website www.fichap.com
(“Fichap”), the Employee Portal, Fichap Point and Fichap Mobile (the “Applications”), the Dashboard (the “Dashboard”) and other services offered, in their various modalities.
Any natural 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 various modalities, offered by the Company may do so by registering and being bound by the General Terms and Conditions in force 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”).
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 agreement and its changes
The use of FICHAP, the Dashboard, as well as all the Applications and other services, in their various modalities, offered by the Company implies the User’s full and unconditional acceptance of the General Terms and Conditions, the Privacy Policy and any other document referred to herein. The Company may unilaterally amend these General Terms and Conditions. The amendments shall 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 price, software services to Users for the digital management of their work teams, helping them to have greater clarity and control in organizing the human resources of the Organization, as defined below.
FICHAP has related services that it provides through its Applications or other technological means, which may be used in accordance with the subscribed plan or service. The services may be offered for an individual fee and/or through plans that include different features. Each contracting modality may vary in its features, incorporating certain functionalities and limiting/disable others, and may be changed in order to introduce improvements in the User experience, at the sole discretion of the Company.
It is clarified that:
a) The Company does NOT manage human resources itself, as this function belongs to those responsible for managing the staff assigned to their work teams and the management of the information entered into FICHAP, the Dashboard and/or the Applications;
b) The Company has NO relationship with the individuals who make up and/or have made up the User’s work teams;
c) The Company is a mere service provider, through FICHAP, the Dashboard and the Applications, providing tools to Users for greater clarity in the organization of human resources; and
d) By subscribing to the service, the User acknowledges and accepts that the service provided by the Company constitutes an obligation of means.
4. Access to the service. User registration
Natural persons of legal age and/or legal entities that wish to subscribe to the services provided by the Company must purchase a plan and sign the relevant documents (hereinafter, the “Organization”).
4.1 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, shall be referred to as the “Users”). Having a User is a mandatory requirement in order to use the services of FICHAP, the Dashboard and the Applications.
Owner User: This is the User that represents the Organization, and is the only one empowered to terminate the Service, the Organization and the Users within FICHAP, the Dashboard and the Applications, as well as the only one empowered to delegate such powers to Administrator User(s). The username and corresponding password for the Owner User will be sent to the email address provided by the representative of the Organization that has subscribed to the Services, and will enable the Owner User to create Collaborator and Administrator Users.
Administrator User: This is the User who 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 relevant natural person, and will have a unique password that will be sent to the email address provided by the Owner when creating the user.
Collaborator User: This is the User who is an employee and/or natural person with an employment or service relationship with the Organization, and who may access the services of the Applications. The Owner Users and the Administrator Users empowered 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 enable access to the service.
Users must comply with the other requirements set out herein in order to acquire User status and have an Account in FICHAP, the Dashboard and 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 consist of an alphanumeric password or other format, an image (facial recognition or otherwise), and any other method offered by the system, which shall be known exclusively to 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 applicable to them by virtue of engaging in commerce and/or their profession/trade. The Company is NOT responsible for the accuracy and truthfulness of the personal data provided by its Users. Users guarantee and are liable, in all cases, for the truthfulness, accuracy, validity and authenticity of the personal data entered.
4.5 The Company reserves the right to request any evidence, supporting documentation and/or additional data in order 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 cancellation, the User may not operate in FICHAP, the Dashboard, the Applications and/or other services offered by the Company, in any of their modalities, and access to their account will be blocked, without this giving rise to any right to compensation whatsoever.
4.6 Users are personal, unique and non-transferable.
4.7 Users shall be responsible for all actions carried out in FICHAP, the Dashboard, the Applications and in other services, in their different modalities, offered by the Company, since access is restricted to entry and use with their User and Access Key, which are known exclusively to the User. The User undertakes to notify the Company immediately, by appropriate and reliable means, of any unauthorized use of a User account, as well as of access by unauthorized third parties. It is hereby clarified that the sale, assignment or transfer of User accounts, 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 giving rise to any right to compensation.
4.9 The User undertakes to hold the Company harmless from any claims and/or legal actions brought by themselves or by a third party arising from the information provided, any deficiencies, inaccuracies and/or the lack thereof.
5. Use and credential security
5.1 Access Keys. The User undertakes to use their Access Key diligently and not to disclose it 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 that it may be obtained by a third party.
5.2 Obligation to use FICHAP, the Dashboard, the Applications and other services correctly, 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 Terms and Conditions, the applicable Special 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 that the Company offers in their different modalities for illicit purposes or effects, contrary to the provisions of these General Terms and Conditions, or in a way that is harmful to the rights and interests of third parties, or that may in any way damage, disable, overload or impair FICHAP, the Dashboard, the Applications and the other services offered by the Company, in their different modalities, 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 different modalities (hereinafter, the “Content”), by using means or procedures other than those which, depending on the case, have been made available to them or indicated for this purpose.
5.4 Prohibited Uses. FICHAP, the Dashboard, the Applications and other services, in their different modalities, offered by the Company 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 genuine.
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 code.
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 different modalities, or any activity being carried out on FICHAP, the Dashboard, the Applications and other services, in their different modalities.
Carrying out 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 browse or search FICHAP, the Dashboard and the Applications that is different from the search engines or search agents made available by the Company and different from the generally available web browsers (e.g. Chrome, Mozilla, Safari, Microsoft Explorer), both on FICHAP, the Dashboard and on the Applications and other services.
Attempting to decipher, decompile or obtain the source code of any software program that comprises or constitutes any part of FICHAP, the Dashboard, the Applications and other services, in their different modalities, offered by the Company.
The Company reserves the right to cancel any User that does not comply with the standards set out in these General Terms and Conditions or with the Company’s current policies (including the Special Conditions applicable to any Service provided by the Company), without this giving rise to any right to compensation. The Company shall have the same right to suspend or cancel any User that, in its opinion, has breached these General Terms and Conditions or has engaged in fraudulent or malicious 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”). There may be free services, which at any time may become paid services, at the Company’s discretion. If the User fails to pay, in a timely manner, the amounts invoiced for paid services, the Company may terminate the Organization and the Users associated with it.
The Company reserves the right to modify, at any time, whether any service is free or paid, as well as its price, without this giving rise to any right to compensation or reimbursement 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, and in particular, 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. It is prohibited to copy, make publicly accessible by 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 different modalities.
7.2 The logos, trademarks and any content appearing on 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 property rights the Company holds over its works or trademarks.
7.3 Users and visitors are hereby warned that such rights are protected by copyright and intellectual and industrial property laws. 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, without the Company’s express written permission, is expressly prohibited.
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 regulations on intellectual and/or industrial property is strictly prohibited, as is the use of the content of FICHAP, the Dashboard, the Applications and other services, in their different modalities, without the Company’s prior express written authorization.
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 right or property related, directly or indirectly, to the content included in FICHAP, the Dashboard, the Applications and other services, in their different modalities.
8. Limitation of the Company’s liability
The Company assumes no liability whatsoever arising, by way of example but not limitation, from:
The use that Users or visitors may make of the material in FICHAP, the Dashboard, the Applications, other services or linked websites, whether prohibited or permitted, in breach of the intellectual and/or industrial property rights of the content of FICHAP, the Dashboard, the Applications or third parties;
The content published by Users on FICHAP, the Dashboard and/or the Applications, whether files or information;
Any potential damage to Users or visitors caused by normal or abnormal functioning of the 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, any errors or problems arising in the development or implementation of the technical elements that FICHAP, the Dashboard, the Applications and other services or a program make available to the User or visitor;
The contents of those pages that Users or visitors may access from links included in FICHAP, the Dashboard and/or the Applications, whether authorized or not;
The acts or omissions of third parties, regardless of whether such third parties may be contractually linked to the Company;
Communications or dialogues in the course of debates, forums, chats, communications and virtual communities organized through the FICHAP, Dashboard and/or Applications environment and/or linked websites, and it shall not, therefore, be liable for any damage suffered by individual and/or collective Users or visitors as a result of such communications and/or dialogues.
The Company shall not be liable in any case when any of the following occur:
a) Errors or delays in the User’s access to FICHAP, the Dashboard and/or the Applications when entering their data or accessing information or documents; the delay or impossibility of the recipients receiving a communication or information; or any anomaly that may arise when such incidents are due to problems on the Internet, force majeure or any other unforeseeable contingency beyond the Company’s good faith;
b) Failures or incidents that may occur in communications, deletion or incomplete transmissions, such that the operation of the services of FICHAP, the Dashboard, the Applications and other services, in their different modalities, cannot be guaranteed at all times;
c) Errors or damage caused to FICHAP, the Dashboard, the Applications and other services offered by the Company, in their different modalities, through inefficient or bad-faith use of the service by the User.
THE COMPANY’S LIABILITY TO USERS AND TO ANY THIRD PARTY IN CONNECTION WITH THE SERVICE PROVIDED THROUGH FICHAP, THE DASHBOARD, THE APPLICATIONS AND/OR OTHER SERVICES OFFERED BY THE COMPANY, IN THEIR DIFFERENT MODALITIES, WHETHER ARISING IN CONTRACT, TORT OR BY OPERATION OF LAW, SHALL NOT EXCEED, IN AGGREGATE, THE PRICE ACTUALLY PAID BY THE CUSTOMER AS CONSIDERATION FOR THE PRODUCT OR SERVICE ACQUIRED, OR ARS 1,000 IN THE CASE OF USERS WHO USE THE SERVICES FREE OF CHARGE. SUBJECT TO THE ABOVE LIMIT, THE COMPANY SHALL ONLY BE LIABLE FOR DIRECT, FORESEEABLE DAMAGES THAT CONSTITUTE ACTUAL LOSS (DANO EMERGENTE). IN NO EVENT SHALL THE COMPANY BE LIABLE FOR COSTS, INDIRECT OR CONSEQUENTIAL 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 different modalities, are error-free, virus-free or incapable of causing damage. The Services provided by the Company are provided on an “as is” basis, without any kind of express or implied warranty, including but not limited to accuracy, reliability, completeness or timeliness of the Company’s software, service or content. The only warranty granted is that the Service complies with its specifications and that it will be substantially free from material program errors and defects.
10. Severability
If any clause of these General Terms and Conditions is declared null and void, in whole or in part, the remaining clauses shall remain in force and shall be interpreted taking into account the parties’ intent and the purpose of these Terms. The Company’s failure to exercise any of the rights and powers granted in this document shall not, in any case, imply a waiver thereof, unless expressly acknowledged by the Company or by the expiration of the applicable statute of limitations.
11. Legal capacity
Our Services are only available to persons with legal capacity to contract. Therefore, those who do not meet this condition must refrain from providing personal information to be included in our databases.
12. Changes to these 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. For this reason, 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 shall always have these General Terms and Conditions available in a visible place, freely accessible for any queries they may wish to make. In any case, acceptance of these General Terms and Conditions shall be a prior and indispensable step 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, 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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