Identification data of the owner of this website

The ownership of the website’s domain https://fja.ar/ (hereinafter referred to as the “Site” or the “Website”) corresponds to Francisco J. Abelló y Asociados S.A. (hereinafter, “FJA”), a corporation conducting business in Argentina and other countries, especially in the Americas and Europe, bearing CUIT (Taxpayer’s identification) number 30-70714073-5 issued by AFIP (Federal Administration of Public Revenue) of the Argentine Republic and registered under number 1675154 at IGJ (Record Office of Legal Entities), under the Ministry of Justice and Human Rights of the Argentine Republic. Its principal place of business is located at Av. Leandro N. Alem 896, 9th Floor, Autonomous City of Buenos Aires (Postal code: C1001AAQ), Argentine Republic. Its telephone number is +5411 5273 8200; and its email address is fja@fja.ar

 

Intellectual property rights on the Site

The intellectual property on the Site belongs to FJA.

The intellectual property, operation and reproduction rights of this Site, as well as its pages, screens and the information contained therein, their appearance and design, all HTML, CGI and other command sequences in any format used to implement the Site, are the exclusive property of FJA, unless otherwise specified on the Site itself. All names, designs and/or logos included on the Site are duly registered trademarks, either by FJA or by third parties who have authorized FJA to include them here. It is not allowed to delete, evade or manipulate the copyright notice, or any other data identifying the rights of FJA or its owners included in the contents of the Website, as well as the technical protection devices, fingerprints or any information and / or identification mechanism that may be contained in the Site.

The content of the Site may be downloaded, copied or printed only for personal and private use. It is forbidden to reproduce, broadcast, retransmit, publish, commercially exploit, copy, use, reuse, modify, edit, delete, or distribute in any way all or part of the information, content or warnings contained in this Site without the prior written consent of FJA or, where appropriate, the owner or holders of the corresponding rights. FJA particularly and expressly asserts that the reproduction of the content of the Site shall not be considered a quotation according to section 10 of Argentine Intellectual Property Law number 11723. Should you be interested in an authorization or license to use the content of the Site, please contact us at fja@fja.ar

Any unauthorized use of the foregoing by a person other than its legitimate owner may be sued in accordance with all applicable laws. Copyright must be respected by anyone who accesses this Site. In no case shall it be understood that access and navigation by the User implies a waiver, transmission, license or total or partial assignment of said rights by FJA. Neither users nor any other person acting on their behalf shall acquire or attempt to acquire any intellectual property or other proprietary rights in connection with the content of the Site or with the assets and property belonging to FJA.

 

General conditions of use of the Site

Accessing, browsing, using and/or participating in services or activities of this Website or in services or activities in any way disseminated on it implies unrestricted acceptance —that is, without any limitation or reservation— of these terms and conditions (the “Terms of Use”). Therefore, you should carefully read these Terms of Use and, if you do not wish to be bound by them, simply avoid accessing, browsing, using or participating in services or activities disseminated on this Site.

These Terms of Use regulate the access, navigation, use and participation in services or activities disseminated on this Site, as well as the responsibilities derived from the use of its contents, the latter being understood as texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property. In addition to the aforementioned national and international standards, FJA may establish particular conditions that regulate the use and/or contracting of specific services offered to users through the Website.

On this Site, the user is understood as any and all persons who access, browse, use or participate in the services and activities, free or onerous, developed herein.

Please read our  Privacy Policy which reflects the guidelines by which FJA shall treat any personal information provided hereto.

Please also read our  Cookies Policy. In that regard, we anticipate that the user who has access to the Site agrees to receive cookies that may be transmitted through FJA’s servers. A cookie is a data file that is stored on the hard drive of the user’s computer when the user accesses the Site. Cookies may contain information such as identification data provided by the user or tracking information about the pages the user has visited. A cookie cannot read data or information from the user’s hard drive, nor can it read cookies created by other sites or web pages.

 

Nature of the information contained in this Website and relevant initial warning for potential users about its possible use

In no case may the content of the Site be used or considered as an invitation to contract the services, invest or do business with FJA.

The content of this Website exists for informational purposes only and does not consider any specific investment objective or any financial situation. Nor does it provide any type of legal, investment, tax or any other type of advice. No element or content should be construed as an argument in favor of an investment or decision-making. Should there be any mention of or reference to past performance herein, the same shall not constitute a promise or guarantee of future earnings.

 

Other initial warnings relevant to potential users

Any access, navigation, use or participation in the Site is done at the expense and will of the person who accesses, browses, uses or participates in the Site, being this exclusively at their cost and risk. FJA does not warrant or represent that access, navigation, use or participation in the Site will be uninterrupted or that the Site is free of computer viruses or other harmful components. FJA shall not be liable for any damage to or viruses that may infect your computer equipment or other property as a result of accessing, browsing, using or participating in the Site, downloading information from the Site or operational failures, interruptions in service or transmission, or line failures.

FJA reserves the right to modify, suspend, cancel or restrict the content of its Site, as well as links or information obtained through them, without prior notice. Therefore, FJA shall have the right, at any time and without notice, to modify or impose new terms and conditions. The resulting revisions and additions shall be effective immediately, without the need for any other precautions other than their publication on the Site. Accessing, browsing, using or participating in the Site after the publication of such changes shall also mean unrestricted acceptance of the Terms of Use as modified. Consequently, you should visit this page periodically in order to know the terms and conditions in force.

FJA expressly disclaims all liability for any errors or omissions in the information contained on this Site or any linked site.

It is forbidden for those who access, browse, use or participate in the Site to transmit or send through the Site and in any way whatsoever illegal or illicit content, computer viruses or simply messages which may affect or violate in any way the rights of FJA or third parties.

At its sole discretion and at any time, FJA reserves the right to deny, even without expression of cause, access and the possibility of navigation, use or participation in the Site to any user. FJA shall have no obligation to provide any information or to enter into discussion about the reasons for denying such possibilities to such user, even if access or the possibility of access, navigation, use or participation is allowed to others.

 

Disclaimer of Warranties

FJA makes every effort to provide accurate and up-to-date information on our Site. However, we do not warrant, whether expressly or impliedly, the accuracy, completeness or timeliness of the information contained on the Site. In addition, we shall not be held liable for any damages or losses arising from the use or inability to use our website. On the other hand, the representations and warranties related to the services provided by FJA shall be governed by the terms and conditions of the respective agreements entered into by FJA with its clients.

 

Limitation of Liability

To the fullest extent permitted by law, neither FJA nor its affiliates or otherwise related, nor their directors, managers, employees and/or authorized personnel, shall be held liable in any way by you or any other persons for any direct, indirect, consequential, incidental, special or punitive damages, whether under any theory of tort, contract, warranty, liability or strict negligence, resulting from access to the Site and navigation, use of or participation in the Site, or from the inability to access, browse, use or participate in the Site or any other linked site, or its content, or from the closure of this Site or the denial of access to the Site. This includes but is not limited to: i) loss of profitability, ii) business interruption, or iii) loss of programs or other data stored on computer systems or other systems.

 

Conditions of use of the Site

If, to access, browse, use or participate in activities on the Site, the user should proceed to register, he or she shall be responsible for providing lawful and truthful information. If, as a result of registration, the user is provided with a password, the user agrees to make diligent use and keep the password secret to access the enabled services. Therefore, users are responsible for the proper custody and confidentiality of any identifiers and/or passwords provided by FJA or generated by it and undertake not to assign their use to third parties, either temporarily or permanently, or to inform other people of them. The user shall be responsible for the illegal use of the services by any third party that uses a password for this purpose due to a non-diligent use or loss of it by the user. It is the user’s obligation to immediately notify FJA of any fact that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. As long as such facts are not communicated, FJA shall be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.

Access, browsing, use and participation in activities on the Website is the responsibility of the users. Each of them undertakes to diligently, lawfully and faithfully observe the Terms of Use and any additional instructions regarding the use of the Site and its contents that are given by FJA or by authorized personnel of FJA. FJA reserves the right to immediately terminate any user in the event that, in its sole discretion, that person is performing any activity that constitutes or may constitute a breach of the Terms of Use or the aforementioned additional instructions.

All users have the duty to communicate to FJA any fact of which they become aware and supposes a conduct contrary to law or that violates the rights of any third party, whether the communication is instrumented through the tools of the Site or through a contact form.

 

Links to Other Websites

On the Site, the user may find links to other websites through different buttons, links, banners, etc., which are managed by third parties. FJA does not assume any responsibility for any aspect related to the linked website.

 

Links on other websites to the Site

If any third party, entity or website wishes to establish any type of link to the Site, the following conditions and requirements shall be observed:

a) The link may be directed to the Home Page of the Site.

b) The link must be absolute and complete, that is, it must take the user, by means of a click, to the URL https://fja.ar/ and must fully cover the entire length of the screen of the Website. In no case, unless FJA expressly authorizes it in writing, the website that makes the link may reproduce, in any way, the Site, include it as part of its website or within one of its frames or create a browser on any of the pages of the Site. On the page that establishes the link, it may not be stated in any way that FJA has authorized such a link, unless FJA has done so expressly and in writing. If the entity that makes the link from its page to the Site wishes to include on its website the brand, denomination, trade name, label, logo, slogan or any other type of identifying element of FJA and/or the Site, it must have prior express written authorization.

c) FJA does not authorize the establishment of a link to the Site from those web pages that manifestly promote hatred, contempt or discrimination on grounds of birth, race, sex, religion, nationality, opinion or any other personal or social circumstance and, in general, that contravene morality, public order or generally accepted social norms.

FJA does not assume any type of liability for any aspect related to the web page that establishes such link to the Site, specifically and by way of example, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents in general.

 

Services provided by third parties through the Site

FJA does not guarantee the legality, reliability and usefulness of the services provided by third parties through the Site, even if FJA intervenes as an intermediary and for consideration.

FJA shall not be liable for damages of any nature caused by services provided by third parties through this Site.

 

User-generated content of the Site

In the event that the user sends content of any kind to the Site, such as photographs, images with or without movement, texts, information, databases, sound recordings or any other work or benefit (the “Generated Content”), FJA reserves the right to decide in its sole discretion on the disclosure or publication of the Generated Content. For its part, by merely sending the Generated Content, the user shall guarantee that the different uses of the latter in the terms established in these Terms of Use shall not be likely to infringe any intellectual or industrial property right, duty of confidentiality, trade secret or any other right of third parties.

In the event that the Generated Content consists of images, the user shall guarantee: 

a) that he or she is of legal age for legal purposes; 

b) that he or she is the author or holder of the image rights; 

c) that the person or persons whose image is reproduced in the Generated Content have expressly and unequivocally consented to the capture of their image, as well as its reproduction and public dissemination. 

In the event that the person whose image is reproduced is a minor, the user shall also guarantee that he or she has obtained the express and unequivocal consent for the capture, reproduction and public dissemination of the image of the parents or guardians of the minor and may prove it at any time that is required to do so.

The user shall be responsible and shall hold FJA harmless from any type of damage that occurs as a result of non-compliance with the provisions contained in the two immediately preceding paragraphs.

The user assigns free of charge to FJA, although without exclusivity, the industrial and intellectual property rights and any other type of right over the Generated Content, including, without limitation, the rights of reproduction, distribution, public communication (including its method of making available) and transformation for exploitation by any means, support or format and through any system, procedure or modality of transmission, communication or distribution, whether free or paid, using the General Content alone or jointly with other. The assignment in favor of FJA is made for everyone, for the entire duration of the rights and includes the power of assignment to third parties.

 

Responsibility assumed by users of the Site

The user assumes responsibility and undertakes to the fullest extent legally admitted to hold FJA harmless from any type of damage and/or harm that may occur to FJA as a result of the breach by the user of the provisions established in the Terms of Use.

By way of example, each user assumes in particular said liability and obligation with respect to damages and/or losses caused by:

a) Failure to comply with the law, morality or public order.

b) The incorporation of viruses or any other computer code, file or program that may damage, interrupt or prevent the normal operation of any software, hardware or telecommunications equipment.

c) The infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind.

d) The performance of acts that constitute illegal, misleading or unfair advertising and, in general, that constitute unfair competition.

e) The lack of veracity, accuracy, quality, relevance and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible.

f) The infringement of the rights to honor, personal and family privacy and the image of people or, in general, any type of rights of third parties.

g) The inadequacy for any kind of purpose and the disappointment of the expectations generated, or the vices and defects that could be generated in the relationship with third parties.

h) Non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties and contracts made with third parties.

 

General provisions

The headings of the different clauses contained in these Terms of Use are only informative, and shall not affect, qualify or expand their interpretation or scope.

In the event that any provision of these Terms of Use is held void or unenforceable, in whole or in part, by any competent judicial or administrative body, such nullity or unenforceability, if partial, shall not affect that other portion that had not been subject to such partial declaration of nullity or unenforceability, nor shall it affect the other provisions of the Terms of Use. Should that declaration be total with respect to one or more provisions of the Terms of Use, the remaining provisions shall not be affected.

FJA’s failure to exercise or enforce any right or provision set forth in these Terms of Use shall not constitute a waiver of that right or the provisions contained in that provision, except by express written acknowledgement by FJA.

 

Applicable legislation and competent jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Argentine Republic, excluding any rule that refers to the application of a foreign law. Any dispute shall be submitted to the competent national courts in commercial matters of the Autonomous City of Buenos Aires.