TERMS OF USE

 

DEAR VISITOR:

By accessing the website of Tecplata S.A. (hereinafter referred to as “the Website”), you accept the terms and conditions described below: By accessing and/or using the Website you become a User. Therefore, you accept these General Conditions in their entirety and without reservation, as well as such special conditions as may, from time to time, supplement, amend or substitute the General Conditions, in connection with all the services and contents of the Website.

Article 1: Use of the Site, its services and contents

1.1.  By accessing the Website the User consents to use the Website and its contents in compliance with the current legislation without contravening the proper practices and accepted uses, and the User will not perform any acts against public order, ethics and good practices. Furthermore, it is prohibited to use this Website for illegal or harmful purposes against the Website, TECPLATA S.A. or ICTSI (International Container Terminal Services Inc.), or against any third party, or use it in such a manner that may somehow be harmful to the Website or prevent its normal operation.

 

1.2.  As to the contents (information, texts, graphics, sound and/or image files, photographs, designs, and any other information available on the Website), the following shall be expressly forbidden:


1.2.1. Their reproduction, distribution or modification, unless authorized by their rightful owners or as permitted by law.

1.2.2. Any infringement to the property rights held by TECPLATA S.A. on them.
1.2.3. Their use for any commercial or advertising purposes, different from those strictly permitted.

1.2.4. Any attempt to access the contents of the Website by any means other than those available to Users and those regularly used on the Web, provided that they do not damage the Website and/or TECPLATA S.A.

 

1.3.  Article 2: User´s Liability for Damages

The use of the Website is under the User´s unique and exclusive liability. This responsibility includes the use by the User or any third party of any password or similar codes assigned for accessing the Website or any of its services.  Notwithstanding the foregoing, TECPLATA S.A. reserves the right to refuse, at any time and without notice, access to the Website to those Users who do not follow these general conditions or such special conditions as may apply in each case.

 

Article 3: Unilateral Amendment

TECPLATA S.A may, from time to time, modify unilaterally and without notice, the structure and design of the Website, change or delete the contents and amend the conditions of access and/or use of the Website.

Article 4: Hyperlinks

The realization of a hyperlink from a webpage of another website to any portal shall be subject to the following conditions:

4.1 Partial or total reproduction of any of the services or contents of the Website is prohibited.

4.2 Deep linking with the pages of the Website or its services is prohibited, as is the creation of a browser or browser environment.

4.3 No untrue, inaccurate or incorrect representation on the Website, the services or TECPLATA S.A. shall be included.  Specifically, the web page other than the Website in which the hyperlink is created shall not contain any trademarks, commercial names, tags, denominations, logos, slogans or other distinctive signs which belong to the Website and/or TECPLATA S.A, except those signs that are part of the hyperlink itself.

4.4 Under no circumstances shall TECPLATA S.A. be responsible for the content or services made available to the public on the web page from which the hyperlink is made, nor for the information and statements included on the same.

4.5 Any use of a link or access to a third party website is made at the User´s own risk and will.

 

Article 5: Disclaimer

TECPLATA S.A makes no warranty or representation and assumes no liability whatsoever for:

5.1 lack of availability, maintenance and effective operation of the Website and/or its services or contents;  

5.2 lack of usefulness, adequacy or validity of the Website and/or its services or contents to satisfy the Users´ needs, their activities or their specific results or expectations;

5.3 existence of viruses or malicious or damaging programs in their contents; 

5.4 receipt, securing, storage, diffusion or transmission of contents by the Users;

5.5 unlawful, negligent, fraudulent use of the Website, its services or contents by the Users, contrary to these General Conditions, or contravening good faith, proper practices and public order;

5.6 lack of legality, quality, reliability, usefulness, updating and availability of the services provided by third parties and made available to the users on the Website;


5.7 failures by third parties to comply with their obligations or commitments with regard to the services provided to the Users through the Website;

5.8 errors or omissions on the information provided through access to the Website or other sites accessed through it.  Access to any of the pages of the Website may be restricted under the laws and provisions governing different countries jurisdictions.  If you find yourself in this situation, you may probably have no access to all or part of it.

Under no circumstance, shall TECPLATA S.A and/or its directors, employees and authorized personnel be held liable for any damage, loss, claim or expenses whatsoever, whether as a result of the use or lack of use of the Website, the information acquired or accessed through it, or by computer viruses, operational failures or interruptions in service or transmission, line failures, or the use of the Website both via direct connection or by the link to other means.  This is a warning to any Users that the above may occur.

 

Article 6: Term of Duration

The term of duration of the Website and the services provided by it is indefinite.  Without prejudice to the aforesaid, TECPLATA S.A reserves the right to interrupt, suspend or terminate the Website or any of the services provided by it, under equal terms as those set forth in Article 4.

 

Article 7: Intellectual Property

The Website is owned by TECPLATA S.A.  Unless otherwise specified, Intellectual Property Rights and the rights of use and reproduction of the Website, its pages, screens, the information therein contained, its appearance and layout are exclusively owned by TECPLATA S.A.  Any name, design and/or logo, as well as the products and services offered and exhibited in the Website, are duly registered trademarks of TECPLATA S.A.

Any improper use of them by other than their legitimate owner may be prosecuted pursuant to the effective law. The contents of any page on this Website may be downloaded, copied or printed for personal private use only. No information, content or notification from this Website may be reproduced, transmitted, modified or deleted without prior written authorization of TECPLATA S.A.

In order to preserve potential intellectual property rights, if any User or third party considers that there has been an infringement of their legitimate rights by the introduction of content on the Website, a notification shall be sent via the Website including:

7.1. Personal information of the individual whose rights have been presumably infringed.  If the claim is made by a third party other than the affected person, he/she shall state the capacity in which he/she is acting;

7.2 an indication of the contents protected by intellectual property rights and their location on the Website;

7.3 evidence of the abovementioned intellectual property rights;

7.4 express statement by the affected party accepting responsibility for the veracity of the information provided in the notification.

The brand TECPLATA S.A and the corresponding figurative brands are all registered trademarks and their reproduction or use without proper authorization of the holder is prohibited.

The legitimacy of the intellectual rights or industrial property corresponding to the contents contributed by third parties is their exclusive responsibility.

 

Article 8: Collection and Use of Personal Information

Any data and personal information collected by the Website during its regular operation shall serve to control the use and for further development of the Website as provided for in Law No. 25,326.  When the User accesses the Website, information such as name, ID, tax or social security number, occupation, date of birth and address may be stored to respond to the User´s requests.  The User may require that such information be provided or removed from the database at his/her request. For such purpose, the User shall contact TECPLATA S.A through the link “Contactos” on the Website.


When people enter personal information to contact us and/or use our services, they do so voluntarily, including information that may be related to their past use of the services offered by TECPLATA S.A which allow to identify the User, such as name, surname, ID, date of birth, address, city, electronic mail, telephone, etc., and all this information is private, that is, information that is not publicly available.

 

Article 9: Applicable Law and Jurisdiction

These General Conditions shall be governed and construed in accordance with the Argentine laws.  The domain owner and the User submit to the jurisdiction and venue of the Courts of the City of Buenos Aires as to any issues or actions that may arise or be taken in connection with the Website and the services and contents, and with respect to the construction, application, enforcement or non-compliance of the provisions herein established, expressly waiving any other jurisdiction to which they might be entitled