Use of this website is subject to the General Terms and Conditions (hereinafter the ‘Terms and Conditions’) detailed below, which govern the use of the website located at the URL under the domain name www.absisconsulting.com (hereinafter the ‘WEBSITE’) owned by ABSIS CONSULTING S.A. (hereinafter ‘ABSIS’).
In addition, use of this WEBSITE is subject to all the notices, regulations and instructions given by ABSIS to the USER in accordance with these Terms and Conditions provided that they are not contrary to them.
By using and browsing this WEBSITE you become a ‘WEBSITE USER’ (hereinafter the ‘USER’) and agree to comply with and be bound by the following Terms and Conditions in the version published by ABSIS at the moment the USER accesses the WEBSITE. Therefore, the USER must read the Terms and Conditions carefully before using the WEBSITE.
ABSIS reserves the right to modify these General Terms and Conditions of Use at any time, so we suggest that they be read periodically.
Use of certain services offered to USERS through this WEBSITE might be subject to special terms and conditions which, depending on the case, shall substitute for, complement and /or change the Terms and Conditions (hereinafter the ‘Special Conditions’). These conditions should be observed by USERS at all times.
ABSIS reserves the right to modify at any moment the presentation (including the ‘look-and-feel’), configuration and location of the WEBSITE, as well as the conditions required to use them.
Authorized use of the WEBSITE and its Contents: The USER agrees to make licit and appropriate use of the WEBSITE and its Contents, in accordance with applicable legislation, the General Conditions of Use of the Website, and generally accepted moral standards and public order. The USER must abstain from non-authorized or fraudulent use of the WEBSITE and its Contents, using the WEBSITE or its Contents for purposes contrary to the general conditions established herein or to good faith and public order, harmful to the rights and interests of third parties, or which may damage, overload or render inoperative the WEBSITE or prevent normal use or enjoyment of the WEBSITE and its Contents by USERS. In particular, the USER must abstain from doing the following:
General USER Conduct:
It is strictly forbidden:
To use this WEBSITE either directly or indirectly to infringe any applicable law of whatsoever kind and nature, be it provincial, national or international;
To send or transmit sexual or obscene material;
To transmit, distribute or store any kind of information, data or materials contrary to provincial, national or international laws or regulations;
To send or transmit any type of content being directly or indirectly, without limitation, transgressor, profane, abusive, libelous and/or fraudulent or that may disclose public or private matters affecting someone, or that may breach other people’s rights;
To access the WEBSITE using a false or inexistent password either as an individual or as a legal entity;
To send or transmit any type of material that the USER may not have the right to transmit under the Law (i.e. Copyright, trademark, trading secrets, patents or others’ ownership rights) or in accordance with the contractual and trustee relation (such as no divulgation);
To do anything which might restrict, deny or impair access to the Contents, Products or Services offered through the WEBSITE or the Internet in general to any individual, group, entity or organization.
Security - It is strictly forbidden:
To violate, attempt to violate or knowingly facilitate the violation of the security, access control or authentication systems of the servers, networks or USERS’ accounts; including, without limitation, attempt or enable others to a gain access to information not aimed at the USER, attempt to access the server or accounts without pertinent authorization, or attempt to prove the security of ABSIS networks by using tools such as SATAN or similar tools;
To attempt to interrupt Internet communications by altered routing information, deliberate service overburden and computer hacking through the Internet, among others;
To use any software, command or set of commands, or otherwise send any type of message aimed at interfering with the session established by a USER at any Internet point;
To conduct any type of monitoring activity aimed at intercepting information not aimed at the USER;
To send or otherwise to transmit files containing viruses or other destructive features which might adversely affect the functioning of third-parties’ computers and /or the WEBSITE.
Means to Access the Contents: The USER must abstain from obtaining or attempting to obtain all materials on this website, including, but not limited to, images, illustrations, designs, icons, photographs, audio and video clips, software, source codes, pages, documents, online graphics, and any written and other materials that are part of this website and, in general, any type of material accessible through the WEBSITE (hereinafter the ‘Contents’) using means or procedures different from those which, depending on the case at hand, have been made available to this effect or have been expressly indicated on the web pages that contain said Contents, or, in general, those which are habitually used on the Internet and do not pose any risk of damage or rendering inoperative the WEBSITE or its Contents.
Proper use of WEBSITE and Contents: The USER hereby agrees to make licit and appropriate use of the WEBSITE and its Contents in accordance with applicable legislation, and in particular agrees to abstain from:
Using the Contents in a way or with a purpose contrary to the law, customs or generally accepted morals and values or public order;
Reproducing or otherwise copying, distributing, enabling access to the public through any means of public communication, transforming or modifying the Contents, unless with the express authorization of the owner of the corresponding rights or if said modification is legally permitted; suppress, hide or otherwise manipulate notes about intellectual or industrial property rights (‘copyright’) and other identification data of ABSIS or of a third party included in the Contents, as well as technological protection devices, fingerprints or any other information mechanism that may be inserted in the Contents;
Using the Contents and, in particular, the information of any kind and nature obtained through the WEBSITE to trade or otherwise disclose such information.
Introduction of Links:
The USERS, and in general those who wish to establish links between their web page and the WEBSITE (hereinafter the ‘Links’), shall be subject to the following conditions:
Links must only permit access to the WEBSITE pages, but may not reproduce them in any way; Links may not be established with pages other than the WEBSITE homepage. It is not permitted to create a browser or a border environment, or a frame on the WEBSITE pages; it is not permitted to make false, inexact or incorrect statements or indications about the WEBSITE pages and their Contents and, in particular, it is not permitted to state or insinuate that ABSIS has authorized, vetted or otherwise assumed in any way the contents, products or services offered or advertised on the web page that establishes the Link; except for those signs forming part of the same Link, the web page on which the Link is established must not contain any brand, commercial name, logo, denomination, slogan or other distinctive signs pertaining to the WEBSITE; the web page on which the Link is established must not contain illicit information or contents contrary to generally accepted moral standards and public order, or contrary to the rights of any third parties. The establishment of the link does not in any case whatsoever indicate the existence of any relation between ABSIS and the owner of the web page that establishes the Link, nor does it imply ABSIS’s knowledge, acceptance and/or approval of its contents, products or services, unless such relation arises from a written agreement between the two parties, in which case any such relation shall be governed by the provisions of said agreement.
The USER shall defend, indemnify and hold ABSIS harmless from and against any damages, regardless of their nature (including but not limited to reasonable attorneys fees and costs) arising out of any action or claim brought by a third party as a result of any violation of these terms, any law or third party’s rights by the USER. Likewise, the USER agrees to defend, indemnify and hold harmless ABSIS and its present or future parent companies, affiliates, officers, directors, employees and representatives from and against any damages regardless of their nature, directly or indirectly arising out of use of the WEBSITE or its Contents which derive directly or indirectly from USER’s violation of any of the terms herein, or of any law or third party’s right.
USER’s exclusive responsibility:
The USER hereby recognizes and accepts that access and use of the WEBSITE and its Contents in all cases take place freely and consciously under his/her own responsibility.
EXCLUSION OF GUARANTEES AND LIABILITY:
ABSIS WEBSITE gets Internet access through a third-party service provider. The USER hereby accepts and recognizes that the WEBSITE may not be available at all times due to breakdowns, Internet disconnection, provider’s failure, or any other reason beyond the control of ABSIS. Therefore, ABSIS shall not be liable for lack of availability or continuity of the WEBSITE; nor shall it be liable for lack of WEBSITE fitness for the specific requirements of the USERS, or access to the different web pages on the WEBSITE by the USERS. ABSIS shall not be liable for any kind of damages caused directly, indirectly or remotely by the interruption, suspension, lack of availability or continuity of the WEBSITE and its Contents, the fraudulent use by the USER of the WEBSITE and its Contents, the correctness of the WEBSITE and its Contents, and, in particular though not exclusively for the lack of access to the different WEBSITE pages or those where the Contents can be found. ABSIS shall not be liable for any damages or losses in the USER’s equipment arising out of failures in the system, server or the Internet.
ABSIS does not assume any liability whatsoever for failure in the USER’s equipment as a result of any virus or the presence of other elements which might cause alterations in the USERS’ physical or logical systems, or in electronic documents and files stored in their systems as a result of accessing the WEBSITE. ABSIS does not guarantee the lawfulness, reliability, fitness, truth, exactitude, comprehensiveness and timeliness of the information in the WEBSITE, which may contain inaccurate or incorrect data and/or substantial or typing errors. Therefore, ABSIS shall not be liable for any damages caused by the inaccuracy, comprehensiveness or timeliness of the Contents. ABSIS shall not be liable for any kind of damages resulting from the transmission, storage, availability, reception, gathering of or access to the Contents, and, in particular though not exclusively for the damages caused by violations of the law and generally accepted morals and values due to the transmission, storage, availability, reception, gathering of or access to the Contents; infringement or violations of intellectual or industrial property rights, trade secrets, contractual or any other related liabilities, privacy and property rights or other rights of any third party arising out of the transmission, storage, availability, reception, gathering of or access to the Contents; unfair competition or deceptive advertising caused by the transmission, storage, availability, reception, gathering of or access to the Contents; the inappropriateness of any particular nature, and non-fulfillment of expectations generated by the Contents; the breach, delayed fulfillment, partial fulfillment or termination of any contract or liability assumed by third parties with the USERS through or a result of accessing the Contents; the flaws and vices of the Contents transmitted, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the WEBSITE.
Third Parties’ Liability for the contents, products and services located outside the WEBSITE:
The WEBSITE provides USERS with technical devices such as links, directories and search tools that allow the USERS to Access websites belonging to and/or managed by third parties other than ABSIS (hereinafter the ‘Linked Websites’). The WEBSITE does not offer or trade by itself or through third parties the products or services offered in the Linked Websites. The USER accepts and understands that Internet contains all kinds of materials which may be edited or not, and that some of them may contain explicit sex scenes or might be offensive. ABSIS does not previously check, approve, control or otherwise endorse the products, services, contents, information, data, files or any other materials contained in the Linked Websites. Therefore, the USER shall be exclusively responsible for access to these materials. The USER must be extremely careful and take full responsibility for assessing and using the services, information, data, products and any other materials contained in the Linked Websites. ABSIS shall not be liable for any damages arising out of the functioning, availability, accessibility or continuity of the Linked Websites; the maintenance of the services, information, data, files and any other materials in the Linked Websites; the provision or transmission of the services, information, data, files, products or any other materials in the Linked Websites; the quality, lawfulness, reliability and usefulness of the services, information, data, files, products and any other materials in the Linked Websites or those offered by third parties through the WEBSITE.
USER’S BREACH OF THESE TERMS AND CONDITIONS:
At any time and without prior notice to the USERS, ABSIS reserves the right to deny or withdraw access to the WEBSITE or its Contents to any USER who fails to comply with these Terms and Conditions or the applicable Special Conditions.
‘FM2B’ is a registered trademark of ABSIS CONSULTING S.A. in Argentina. The WEBSITE Contents and, without limitation, its software, databases, networks and files are property of ABSIS. Improper or unauthorized use of the WEBSITE may give rise to criminal liability. Under no circumstances shall use of the WEBSITE be regarded as authorization of use and/or licensing of ABSIS intellectual property rights and/or those of a third party. All texts, images, designs, compilations and any other materials contained in this WEBSITE are copyright ©2006 by ABSIS. All rights reserved. Do not duplicate, distribute, or store in any form.
These Terms and Conditions do not constitute or create any contract of partnership, mandate, franchising or employment between ABSIS and the USER. The declaration that any of these general conditions is null and void shall not affect the validity or effectiveness of the remaining conditions, which shall still be binding. These Terms and Conditions may not be amended or changed by the USER, unless such amendment or change is made through a written document signed both by the USER and ABSIS legal representative. The renouncement by ABSIS at any given time to demand the fulfillment of any of the Terms and Conditions herein by a USER or others shall not imply a general waiver of the fulfillment of another condition or other conditions. The paragraphs in these Terms and Conditions are given as reference only and under no circumstances do they define, limit, or otherwise describe their scope.
All notices or communications under these Terms and Conditions shall be served or made in writing: (i) to the USER: at the email account or through certified return receipt letter addressed to the domicile declared in the USER’s Request for Registration; or (ii) to ABSIS at firstname.lastname@example.org in the Autonomous City of Buenos Aires.
APPLICABLE LAW AND JURISDICTION:
Any dispute arising out of the validity, existence, interpretation, fulfillment or non-fulfillment or application of these Terms and Conditions shall be settled before the Ordinary Courts in Commercial Matters of the City of Buenos Aires.