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TERMS ANDCONDITIONS

USE OF THE WEBSITE

DEAR VISITOR:

From the moment you access the www.bactssa.com.ar website (the “Website”), you will be subject to the terms and conditions described hereunder: The access and/or use of this Website grants the person accessing it the status of User. From that moment onward, he/she accepts without limitation or qualification the present General Conditions as well as any Specific Conditions that may at any time complement, modify or substitute the General Conditions in relation to all the services and content of the Website.

Section 1: Use of this Website, its services and content

1.1 The access to the Website signifies the User’s agreement to use the Website and its services and content without contravening the laws in force, good faith, usually accepted practices and the public order, morality and good mores. Also, it is forbidden to use the Website with illicit or detrimental purposes against the Website, against Buenos Aires Container Terminal Services (BACTSSA) or any third party, or, in any way, to cause damage or prevent the normal functioning of the Website.

1.2 As regards content (information, texts, graphs, audio and/or video files, photographs, designs and any other information available on the Website), it is expressly forbidden to:
1.2.1 Reproduce, distribute or modify it, except with due authorisation of the copyright holders or if it is legally permitted.
1.2.2 Infringe HUTCHISON PORTS BACTSSA’s proprietary rights of said content in any way.
1.2.3 Use said content for any commercial or advertising purposes, other than those strictly allowed. 1.2.4 Attempt to obtain the content of the Website by any means different from those available to the Users as well as those customarily employed on the web, as long as it does not result in any damage to the Website and/or HUTCHISON PORTS BACTSSA.

Section 2: User’s responsibility as regards damages

The User is solely and exclusively responsible for his/her use of the Website. Said responsibility extends to the use, by the User or any third party, of any password or the like assigned to access the Website or any of its services. Notwithstanding the foregoing, HUTCHISON PORTS BACTSSA reserves the right, at any moment and without prior notice, to refuse access to the Website to those Users who do not comply with these General Conditions or any Specific Conditions that in each case may be applicable.

Section 3: Unilateral modification

Whenever it is deemed necessary, HUTCHISON PORTS BACTSSA can unilaterally modify the structure and design of the Website without prior notice, as well as modify or eliminate the services, the content and the access and/or use conditions of the Website.

Section 4: Hyperlinks

The placing of any “hyperlink” between another site’s webpage and any of the webpages of this Website will be subject to the following conditions:

4.1 The total or partial reproduction of any of the services or content of the Website is forbidden. 4.2 There will be no deep-linking with the webpages of the Website or its services, neither will a browser or border environment be created over them.
4.3 There will be no false, inexact or incorrect portrayal of the Website, its services or HUTCHISON PORTS BACTSSA. Specially, the webpage which is not the Website where the hyperlink is established will display no trademark, firm name, label, logo, slogan or any other distinctive signs belonging to the Website and/or HUTCHISON PORTS BACTSSA, except for those signs that are part of the “hyperlink” itself.
4.4 Under no circumstances shall HUTCHISON PORTS BACTSSA be responsible for the content or services available to the public on the Website in which the “hyperlink” originates nor for the information and statements included on them.
4.5 The use of any link or access to an external website is made at the User’s own discretion and risk.

Section 5: Exclusion of Liability/ Disclaimer of Warranties

BACTSSA makes no warranty and neither is it liable, in any case, for any damages that may result from:

5.1 The lack of availability, maintenance and effective operation of the Website and/or its services or content.
5.2 The lack of usefulness, accuracy or validity of the Website and/or its services or content in order to satisfy the Users’ requirements, activities, performance or expectations.
5.3 The existence of viruses, malicious or detrimental programmes in the content.
5.4 The User’s receiving, obtaining, storing, distributing or transmitting of the content.
5.5 The User’s unlawful, negligent or fraudulent use of the Website, its services and content, or use that is contrary to the present General Conditions, good faith, usually accepted practices or the public order.
5.6 The lack of legality, quality, reliability, usefulness and availability of the services provided by third parties and available to the Users through the Website.
5.7 The failure by third parties to comply with their obligations or commitments in relation to the services provided to the Users through the Website.
5.8 Mistakes or omissions in the information provided by accessing the Website, or any other websites that might be accessed through it. Access to some webpage of the Website may be limited by the laws and regulations of the different country jurisdictions. If these laws apply to you, you may not be able to access part or the whole of the Website. In no case shall HUTCHISON PORTS BACTSSA and/or its directors, employees and authorised personnel be liable for any kind of damages, loss, claims or expenses of any kind, whether or not resulting from the use of the Website, the information obtained or accessed by or through it, or from computer viruses, operational failure or interruptions in the service or in the transmission, communication line failure; the use of the Website, both through direct connection as through a link or any other means. The User is hereby warned that any of the abovementioned possibilities may occur.

Section 6: Duration of the service

The duration of the provision of service of the Website and its services is indefinite. Notwithstanding the foregoing, HUTCHISON PORTS BACTSSA reserves the right to interrupt, suspend or end the provision of service of the Website or any of its services, in the same terms as stated in Section 3.

Section 7: Proprietary rights

This Website is the property of HUTCHISON PORTS BACTSSA. The copyright and rights of operation and reproduction of the Website, its webpages, screens, the information therein, its appearance and design, are the exclusive property of HUTCHISON PORTS BACTSSA unless otherwise specified.
Any denomination, designs and/or logotypes, as well as the products or services offered and reflected on the Website, are trademarks duly registered by HUTCHISON PORTS BACTSSA. Any unlawful use of the above by any party other than its legitimate owner may result in HUTCHISON PORTS BACTSSA’s seeking legal remedies in accordance with the law in force. The User may download content, copy or print any webpage of this website provided that he/she does it for his/her own private use. It is expressly forbidden to reproduce, transmit, modify or delete the information, content or warnings in this Website without HUTCHISON PORTS BACTSSA’s previous written consent. In order to protect the possible intellectual property of others, if a User or third party believes that his/her legitimate rights have been violated by the introduction of some specific content into the Website, he/she should notify the Website by providing the following information:

7.1 Personal information of the concerned party holding the allegedly violated rights. If the claim is presented by a third party other than the concerned party, he/she shall indicate in whose representation he/she is acting.
7.2 A description of the copyrighted work and its location on the Website.
7.3 Documentation guaranteeing the mentioned copyright.
7.4 An express statement in which the concerned party takes responsibility for the accuracy of the information included in the notice.

The trademarks belonging to HUTCHISON PORTS BACTSSA and its corresponding graphic marks are all registered trademarks and it is forbidden to reproduce or use them without the authorisation of its registered owner. The legitimacy of the intellectual or industrial property rights pertaining to the contents provided by third parties is the sole responsibility of said third parties.

Section 8: Personal Information Gathering and Use

The data and personal information that the Website may gather as part of its normal use will be utilised for visit control and further development of the Website, in accordance with Law #25,326. When the User accesses the Website, information such as name, ID number, identification number for tax or retirement purposes, occupation, date of birth and address may be stored in order to answer to the User’s requirements. The User may require that said information be supplied to him or removed from the database at his/her own request. In order to do so, he/she can contact BACTSSA through the “Contacts” link of the Website. When People submit personal information in order to contact us or access our services, they do so voluntarily. This applies also to information that identifies them related to their past use of BACTSSA services, such as name, surname, ID number, date of birth, address, city, e-mail address, telephone number, etc. This information is private, i.e. it is not available to the public.

Section 9: Governing Law and Jurisdiction

These General Conditions are governed by and construed in accordance with the laws of Argentina. The www.bactssa.com.ar domain owner and the User, expressly waving any other venue or jurisdiction that might apply, submit to the Jurisdiction of the Courts located within the City of Buenos Aires for any and all conflicts or disputes that might arise or any actions taken deriving from the services provided by the Website, its services and content and from the interpretation, application, compliance or non-compliance with the terms established herein.