Welcome to the Internet Site of Banelco S.A., domiciled at México 444, City of Buenos Aires (hereinafter, "Banelco"). By making use of the Internet Site www.banelco.com (hereinafter the "SITE"), the User (hereinafter "User" or "Users", as the case may be) accepts without restrictions, reserves or modifications the Use Terms and Conditions of Banelco's Internet page (hereinafter, "Terms and Conditions").
The User represents to have legal capacity to enter into agreements and not to have any incapacity in accordance with the Argentine laws and/or the applicable jurisdictions, and he/she undertakes to use the SITE for a lawful purpose.
The access to the SITE implies the User's acceptance and knowledge of the Terms and Conditions.
The Terms and Conditions may be modified and updated by Banelco from time to time without prior notice to the User or any other individual or legal entity.
- Quality. The SITE is for personal use and may not be used for commercial purposes. Banelco shall not be responsible for any interruption or malfunction of the services or contents offered on the Internet, regardless of the cause, size or duration. Banelco is not responsible for web failures, losses of profits as a result of those failures, or any other type of indirect damages caused to the Users.
- Functioning. The SITE works "AS IT IS", "WITH ALL ITS FAILURES" and according to its "AVAILABILITY". Therefore, Banelco does not grant any guarantee whatsoever and it is the User who uses the SITE under his/her own risk.
- Suspension and Termination. Banelco may, without prior notice, determine that the SITE should be immediately suspended, cancelled and/or terminated; thus, Banelco shall not be responsible before the User or any third party for any reason whatsoever, upon occurrence of any of the referred circumstances.
- Restrictions. Banelco is free to restrict the access to the SITE and/or to the products offered thereon to the Users without any justification whatsoever and prior notice.
3. Personal Account
Each User who is willing to register on the SITE may do so with one (1) Personal Account. In order to obtain his/her Personal Account, the User shall provide Banelco, among other data, with his/her Name and Surname, Identity Card Type and Number, Telephone, E-Mail, etc.
The confidentiality of the User's account information and password is his/her exclusive responsibility. Furthermore, all the activities performed on the SITE by using his/her User name and password are his/her exclusive responsibility.
4. Available Information
Banelco neither guarantees nor ensures the accuracy, suitability, completeness or reliability of any kind of information available on the SITE, including that provided by Banelco. Particularly, Banelco neither guarantees nor assumes responsibility for the veracity of the comments made by third parties on the SITE. The User assumes all the risks related to the use of any contents, including their reliability, completeness, integrity or usefulness.
5. Practices on the SITE utilization
The User recognizes that Banelco has the exclusive power to set forth the limits and conditions for the SITE utilization.
- Content control. The User recognizes that Banelco has full and absolute capacity to preselect, reject, remove and/or modify any contents of the SITE. Moreover, Banelco shall not be responsible before the User and any third party for the damages, violations, crimes, breaches or any other kind of illegal acts committed, in relation to intellectual property rights, the honor and reputation of individuals, their personal details, loan issues, consumers' rights, and any other right that may be infringed as a consequence of the Users' bad use of the Site;
- Access to information. The User accepts that Banelco, at its own discretion, may access, keep, reveal, remove and modify the information of his/her Personal Account and any contents included on the SITE;
- Cancellation. The User accepts that Banelco may cancel, remove or lock his/her registration on the SITE, as well as any other contents included thereon provided by the User without any justification or prior notice, and the User shall not be entitled to claim any compensation whatsoever;
- Termination. The User accepts that Banelco reserves the right to modify, discontinue, interrupt, cancel and/or terminate the service of the SITE in any manner whatsoever without any justification and prior notice, at its absolute discretion, and, thus, the User shall not be entitled to claim any compensation whatsoever.
6. User's responsibility for uses and contents
- The access to the SITE, its use and the utilization of the information and contents included thereon shall be the User's exclusive responsibility. Hence, the use of the information, images, contents, reports and/or comments accessed through the SITE shall be subject to the applicable laws, and the User's good faith principles and legal use, being such User entirely responsible for such access and proper use.
- The User is solely responsible for any information, data, text, photography, video, music, sound, software or any other kind of work or expression published or transmitted on the SITE.
- The User undertakes to comply with all the local, provincial, national and international laws and regulations and he/she is solely responsible for all the acts and omissions taking place in relation to his/her account, registration or password, and with regard to the information or material included on the SITE;
- The User is not allowed to perform any kind of activity to the detriment of Banelco or third parties. It is absolutely prohibited to use the SITE for illegal, unauthorized or forbidden purposes. Without considering the following an exhaustive or restrictive description, it is prohibited to: - violate, in any manner whatsoever, third parties' rights over their private lives, privacy, honor, own image, private communications, intellectual and industrial property or protection of personal details;
- publish, disclose, announce, make reference to or distribute any material, issue or information with illegal, obscene, pornographic, abusive, defamatory, deceiving, racist contents contrary to morality, moral customs or public order;
- introduce any kind of computer virus, defective files, or any other computer software or program which may cause damages or unauthorized alterations of the contents, programs or systems accessed through the SITE;
- alter or interfere through fraudulent means personal web pages or electronic mails of other Users without due authorization, and send electronic emails in a massive and/or repetitive manner, and send third parties' electronic mail addresses without their full consent; - with respect to the normal functioning and purpose, use in an undue and inadequate manner those services or contents offered by Banelco; - dishonor, insult, harass, spy on, threaten or infringe in another way third parties' rights (such as the right to privacy or to one's own image);
- publish, distribute or disclose any inappropriate, sacrilegious, defamatory, unlawful, obscene, indecent, racist information or material, which gives rise to violence or may be considered illegal;
- announce or offer the sale or purchase of any products or services; - compile or, otherwise, obtain information on third parties, including their electronic mail addresses, without their full consent, and disclose other individuals' electronic mail addresses to third parties;
- try to gain unauthorized access to the services or contents, to other accounts, to computer systems or to networks connected therewith, through the automatic search for passwords or by other means;
- interfere other Users' use or enjoyment of the services or contents or other individuals or entities' use or enjoyment of similar contents; - perform any act on the SITE entailing the transmission of any harmful, noxious or simply unrequested computer program; - reproduce, in whole or in part on the SITE, the site's headings or otherwise manipulate indicators to deviate the origin of any contents transmitted through the Service;
- include, publish, send by electronic email, transmit, or otherwise make available any contents to which Users are not entitled to transmit in accordance with the laws or any contractual or fiduciary relation (such as internal, property and confidential information acquired or provided as part of employment relations or under confidentiality agreements);
- load, publish, send by electronic email, transmit, or otherwise make available any contents infringing any patent, trademark, trade secret, copyright or any property right ("Intellectual Property Rights") of a third party;
- interfere or interrupt the SITE, its servers, or networks connected therewith, or not fulfill any requirement, procedure, policy or regulation imposed by networks related to the SITE;
- use communication channels (mails, chats, etc) in an irregular manner, as the contents, type or number of messages may disturb third parties or the normal functioning of the service.
7. BANELCO's liability limitations
- The User recognizes that Banelco does not assume any responsibility, either direct or indirect, anticipated or unexpected, for any type of damages, either consequential damages or loss of profits, derived from the bad use of the SITE or its contents by the User of third parties;
- Under no circumstances, shall Banelco be responsible for any contents included on the SITE, including, without limitation, any error or omission in such contents, or for the loss of any contents or damage thereto;
- The User expressly accepts that Banelco shall not be responsible for the damages caused owing to SITE failures or discontinuity;
- The User expressly accepts that Banelco shall not be responsible for third parties' unauthorized access, copies, alterations or removals of information on the SITE, nor for their consequences and/or damages;
- The User recognizes and accepts that Banelco shall not be responsible for the services and/or products published and/or merchandised on third parties sites which are accessed to through links from the SITE; and
- The User recognizes and accepts that Banelco shall not be responsible for the awards and/or goods granted, purchased, sold, won or referred to on the SITE, nor for the consequences deriving from its use, or for the detriment caused by its enjoyment.
8. Authorization for use to BANELCO
All the information or files added to the SITE in any manner by the User shall be considered to have an irrevocable license in favor of Banelco for its reproduction, submission, transmission, retransmission, commercialization, issuance, storage, digitalization, availability, translation, adaptation, adjustment or any other modification for the whole protection term legally imposed by the copyright. Additionally, the User understands that the authorization is for free and expressly waives any compensation from Banelco.
The Users undertakes to hold Banelco, its controlling, controlled and related companies, directors, managers and employees harmless, should the use of the information, files or other contents provided by the User infringe third party rights, whichever their nature.
Based on the foregoing, the User recognizes that Banelco is empowered to modify, alter or edit any type of information or file added by the User to the SITE, without construing that there is any type of damages to copyrights, which the User may claim.
9. BANELCO's Property Rights
The User recognizes and accepts that the SITE, as well as all the contents provided by Banelco, either any documentation, file, material, application, design, tool, musical composition, game, source code or any kind of work or idea considered a piece of work by the intellectual property laws, is safeguarded under the applicable laws and constitutes Banelco's property. Furthermore, the publications, advertisements or information added to the SITE by advertisers or third parties are included under the same concept.
Any reproduction, distribution, submission, transmission, retransmission, issuance, storage, digitalization, availability, translation, adaptation, adjustment, public communication or any other act through which the User may make use of any contents of the pieces of work subject to the rights described above, either for business purposes or not, directly or indirectly, in whole or in part, shall be prohibited. The failure to comply with the foregoing shall give rise to the application of the related criminal and civil penalties.
10. Information regarding Trademarks
The BANELCO, BANELCO MÓVIL, CSIRT BANELCO, PAGOMISCUENTAS and PAGOMISCUENTAS.COM trademark, among many others, as well as the trade name BANELCO, is Banelco's property. The User is expressly forbidden to show or make use of Banelco's proprietary trademarks or names in any manner whatsoever.
11. Use Prohibition. Links
The User recognizes that it is forbidden to use any technical resource through which he/she or any third party may benefit from, directly or indirectly, profit-making or not-for-profit, any part of the SITE or the whole of it or from any earnings stemming from Banelco's efforts. Specifically, any link, hyperlink, framing or similar links to the SITE are prohibited without Banelco's prior, expressed and written consent. Any failure to comply with the foregoing shall be considered a violation of Banelco's Intellectual Property Rights on the SITE and all the contents thereof. Moreover, the User recognizes that Banelco shall not assume any responsibility whatsoever for third parties' contents, services, products, etc. which are directly accessed to through banners, connections, links, hyperlinks, framing or similar links from Banelco's websites. The User undertakes not to reproduce, duplicate, copy, sale, commercialize, resale or exploit any part of the SITE for commercial purposes.
The User undertakes to indemnify, hold harmless and free of damages Banelco, its subsidiaries, controlling and related companies, from and against any action or lawsuit over liability, claims, complaints, penalties, interest, costs, expenses, fines, fees, filed by third parties due to or arising from any User's actions on the SITE.
It shall be considered that a notice, demand, or any kind of communication made to the User has been lawfully dispatched when sent to an address, either physical or virtual provided by the User or from which he/she operates.
The tolerance that Banelco may show with regard to the exercise of any right or provision included in the Terms and Conditions shall never constitute a waiver.
15. Applicable legislation
These Terms and Conditions, as well as the relation between the User and Banelco, are governed by the laws of the Argentine Republic. The User and Banelco agree to be subject to the jurisdiction of the Courts of First Instance in Commercial Matters of the City of Buenos Aires, excluding any other corresponding venue or jurisdiction, should any dispute related to the SITE arise. The User is aware of the fact that the use of the SITE and its services or contents is prohibited in all the jurisdictions that do not recognize the validity of these Terms and Conditions. The User's utilization of the SITE shall not establish a relation between you and Banelco for consumption purposes.
16. Alert to minors
The SITE utilization is expressly forbidden to children under 14 years old. If you are between 14 years old and 18 years old, Banelco shall request that you let your parents or legal representatives know before starting using this SITE and obtain the corresponding authorization from them.
17. Alert to minors
We inform you that as a parent, legal guardian or representative, you shall be responsible for the fact that your children under age or guardianship access the SITE. As a consequence, we strongly recommend taking timely measures upon surfing the SITE. For this purpose, we inform you that some browsers allow being configured so that children do not access certain pages.
You can contact Banelco to make the suggestions or warnings you consider adequate.
18. Extension of the application of the terms and conditions
All the conditions set forth with regard to Banelco contained in these Terms and Conditions also apply to its contracting, controlling, controlled or related under a shared control companies.
If you detect a breach of these Terms and Conditions, Banelco requests that you report this fact to the electronic mail: firstname.lastname@example.org.
These Terms and Conditions were updated for the last time on 02/10/2010.