GENGANAR GENERAL TERMS AND CONDITIONS (THE "GENERAL TERMS AND CONDITIONS")
Current version 23/07/2020
This document describes the GENERAL TERMS AND CONDITIONS OF GENGANAR. They govern for any interaction made on the site www.genganar.com and/or www.mercado.genganar.com (the "Site") owned by GENGANAR S.A.S., C.U.I.T. No. 30-71673795-7 (hereinafter "GENGANAR").
A person (hereinafter "User" or plurally "Users") who decides to access and/or use the Site or its services may do so by following these General Terms and Conditions, and other conditions governing the operation with GENGANAR and/or the other actors involved in this Marketplace.
The General Terms and Conditions, as well as the other conditions will be considered to apply to any User of the Site from the first moment you access it. These General Terms and Conditions are mandatory and binding. They apply to all operations and activities performed on the Site. If the User does not fully accept these General Terms and Conditions, and their particular conditions, please do not advance the access and visit of the Site. In case of progress in the visit and interaction on the Site, it will be understood that the User accepted these General Terms and Conditions.
The User must read, understand and accept all the clauses set out in the General Terms and Conditions, as well as in the other documents incorporated therein by reference, prior to registration as a GENGANAR User.
DEFINITIONS AND INTERPRETATIONS
Defined Terms. In these General Terms and Conditions,
Interpretations. In the General Terms and Conditions: (i) the titles of the clauses are inserted for best reference only and will be ignored for the purposes of their interpretation; (ii)if the context so requires, singular words include plural and vice versa, and female words include female, male, and neutral; (iii)definitions or expressions used on the Site shall also be part of this Site; (iv) unless expressly stated otherwise, references to Annexes and/or Links and/or other Terms are references to Annexes to these General Terms and Conditions – each of which is considered an integral part of these General Terms and Conditions; (v) the expressions herein,under these and similar terms and conditions used in these General Terms and Conditions shall refer to these General Terms and Conditions
Capacity
Products and services offered through the Site (hereinafter the "Products"), may only be purchased by persons who have legal capacity to contract. Persons who do not have such capacity, minors or GENGANAR Users who have been temporarily suspended or permanently disabled may not use the Services of the Site or purchase Products. If a User is registered as an Enterprise, the person who performs such action must have sufficient capacity
DESCRIPTION OF THE SERVICE
GENGANAR is a Marketplace that allows Independent Producers and Suppliers to offer and sell their own genetic material and/or standing animals; (a) Laboratories and/or Genetic Transferors registered with SATE and/or IETS the possibility of offering and marketing their services for the extraction and production of genetic material; sponsors to advertise their signature, products and services; users to purchase the products and services offered on the Site.
GENGANAR assumes no obligation with respect to the User(s) and merely offers the space to market on the Site and perform positioning actions of the Site, in order to increase the promotion of products and services. Therefore, GENGANAR is not responsible for the data uploaded by Users on the Site and the way in which such data has been provided by them. Consequently, the improvement of the operation is carried out directly and exclusively between the Users, being the participation of GENGANAR that facilitates the digital space to carry out the operation.
GENGANAR makes its best efforts and puts into operation all means to provide a good user experience on the Site. Notwithstanding the foregoing, GENGANAR MAKES NO WARRANTIES or implied warranties of merchantability, success of sale, results, or fitness for a particular purpose.
Registration
The use of some Products offered on the Site requires the user's subscription or registration and/or payment of a price. In order to register on the Site, the User must comply with the provisions of this section.
In order to access certain services offered on the Site, the User must register on the Site by mandatory completing the registration form. Fields must be completed with your personal and/or corporate information accurately, accurately and truely.
The User declares under oath that the information provided is true and that he/she has sufficient powers to use and provide the data with which he/she registers and also to carry out the operations for which he/she registers. It also undertakes to update the information recorded when necessary and/or at the request of GENGANAR.
The User guarantees and responds, in all cases, for the veracity, validity and authenticity of the personal, corporate and information provided, being the sole and exclusive responsible for it. GENGANAR reserves the right to request additional data or information for Users who transact that require additional powers required by law or by current or future policies of the Site.
GENGANAR reserves the right to request at any time documentation or proofs to corroborate the veracity and accuracy of the personal and/or corporate data provided by the User.
GENGANAR reserves the right to refuse any application for registration or to cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision and without generating any right to compensation or compensation to the User.
By registering on the Site the User expressly consents and authorizes GENGANAR to inform any competent authority of the respective information, if it is requested by the appropriate means.
The activation of a User does not imply by GENGANAR any recognition of better right or exclusivity. If GENGANAR receives a claim or question from another User or third parties invoking a better right, GENGANAR may unsubscribe the User. The decision in this regard shall not entitle you to any claim or compensation.
USE OF THE ACCOUNT
The User will access his/her account by entering his/her Username, consisting of his/her email address (email) and password. The password will be chosen by the User and is of his/her sole knowledge and undertakes not to disclose it. The account is personal, unique and non-transferable, and it is prohibited for a User to have more than one account. GENGANAR reserves the right to cancel, suspend or disable accounts that contain matching or related data.
The User is responsible for all transactions carried out on his/her account and for the acts of the persons authorized to use it. The User agrees to notify GENGANAR immediately and ugly of any unauthorized use or entry of his/her account.
The account is not a property of the User, but a tool that GENGANAR makes available to the User to access the services of the Site. The User is strictly prohibited from selling, assigning, and transferring the account, any act of disposition in general and all its attributes (responsibilities, debts, credits) under any title.
LOW AND/OR SUSPENSION OF THE USER OR PUBLIC OFFERS OF PRODUCTS
GENGANAR reserves the right in its sole discretion to temporarily or definitively suspend that User whose personal data could not be confirmed. In these cases, all charges of Products made will be suspended or desisted, without this generating any kind of right of resarsing.
In addition, GENGANAR reserves the right, in its sole discretion, to the immediate cancellation of the User's registration, the cancellation, editing or modification of the load made on the Site or, if applicable, of both, in case they violate any of the provisions set out in these General Terms and Conditions, the law, morality, public order, , good customs and in particular, infringement of intellectual and industrial property rights, personal data, rights to honor, privacy and image, and property rights. Cancellation will not generate any kind of right of resarsing to the User. GENGANAR also reserves the right, in its sole discretion, to the immediate cancellation of the User's registration, the cancellation, editing or modification of the load made or to correspond, of both, in the event that fraudulent, misleading, unusual activity is detected or suspected that induces error, or contrary to the nature of the Site and the Products available.
PRIVACY OF INFORMATION AND DATA
In order to use and/or access the Site, as well as to acquire any of the products and/or services offered there, the User must inform personal and/or corporate data. The User consents to his/her personal information being processed and stored on servers or magnetic media that maintain high standards of security and protection both physical and technological. For more information on the privacy of Personal Data and cases in which personal information will be disclosed, our Privacy Policies can be consulted.
In addition, the User interested in certain Products consents to Users receiving offers for goods and/or services published on the Site.
USE OF THE SITE
The User undertakes to use the Site in accordance with the General Terms and Conditions, law, morality, good customs, public order, and under his/her sole risk and responsibility. You also agree to make appropriate use of the Site and not to use it to engage in illegal, fraudulent activities that infringe the rights of third parties and/or that violate the intellectual property regulation, or any other rules of the applicable legal order.
By way of example, and in no case limiting or exclusive, the User undertakes to:
- Do not enter or disseminate content contrary to honor, privacy or image or propaganda of a racist, xenophobic, pornographic, or apology of crime.
- Do not enter or disseminate data programs that may cause damage to the computer systems of the access provider, its providers or third-party users of the Internet.
- Do not enter, disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
- Do not enter or disseminate any false, ambiguous, out-of-time or inaccurate information and content in a way that misinduced the recipients of the information.
- Do not enter, disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and legislation of personal data.
- Do not engage in deceptive, fraudulent, intimidating or threatening activities or publications, or that induce the error of other persons or Users.
- Do not disclose personal data of other Users through any means;
- Do not use Users' personal data for fraudulent purposes;
- Do not publish or sell prohibited or competitive items with those offered by GENGANAR, other GENGANAR policies or current regulations.
The infringer may be punished with the suspension or cancellation of the publication and even of his/her subscription on the Site and/or in any other way he deems relevant, without this giving rise to the infringer claim of any kind and without prejudice to any legal action that may result from the configuration of crimes or contraventions or the civil damages that may be caused to GENGANAR, its directors, partners, subsidiaries and/or dependents, and/or Users and/or third parties.
Sanctions
Without limiting other measures or sanctions, GENGANAR may temporarily suspend or permanently disable the User's account or one or more of its publications or uploads, initiate any actions it deems relevant and/or suspend the provision of its services and/or the possibility to purchase/sell any Product (a) if any applicable law or regulation is broken, or any of the provisions of these General Terms and Conditions and other policies or add-ons or documents of GENGANAR; (b) if you fail to comply with your commitments as a User; (c) if it is incurred at GENGANAR's discretion in misconduct or misconduct; (d) if the Identity of the User or any information provided thereunder that is erroneous or false cannot be verified; (e) if GENGANAR were to understand that publications or other actions may be a cause of responsibility for the User who posted them, for GENGANAR or for other Users. In the event of the suspension or disabling of a User, all items uploaded to the Site will be removed from the system and, if applicable, in no case will the publication charges involved or the services be refunded or rewarded.
GENGANAR MARKETPLACE USER MENTION
The User, by browsing, using the Site, registering on the Site and/or performing any commercial operation, authorizes GENGANAR to mention him/her as User/Customer/Associate of the Site and/or the term that GENGANAR considers, as well as to publish his/her name, trademarks and/or logo and/or isotype, and/or any other sign representing and identifying him/her in order to publicize his/her presence and/or activity on the Site.
PRODUCT LOADING AND OPERATORIA
Buyer User: A User Who, interested in a Product, makes a contact request, purchase offer or quote request addressed to the Seller User through theGENGANAR Site is
Modalities
Direct Purchase: the Seller User will publish the priced good or service on the Site, which is the
Purchase with Advice: the Buyer User will seek advice from GENGANAR to define the profile and options that may be convenient to the interests raised by the Buyer User, once the recommended parameters have been defined, the Buyer User will proceedto make the purchase through the Site, that is, it carries out its operation through Direct Purchase. It is a consultation without obligation to buy later and without intervention of GENGANAR in the final choice of purchase.
In both cases, GENGANAR must be paid commissions and/or prices for its services (see commission table).
GenGANAR performance
GENGANAR DOES NOT OWN ALL PUBLISHED GOODS OR BE A PROVIDER OF ALL SERVICES. THE INFORMATION PUBLISHED ON THE SITE REGARDING PRICES, QUALITIES AND CHARACTERISTICS OF THE GOODS AND SERVICES, THEIR AVAILABILITY, CONDITIONS OF SALE, RESTRICTIONS, CANCELLATION OR REFUND POLICIES (AMONG OTHERS) IS PROVIDED BY USERS. GENGANAR IS NOT PARTY TO ANY TYPE OF COMMERCIAL OPERATION PERFORMED BY THE USERS OF THE SITE, ASSUMES NO OBLIGATION WITH RESPECT TO THE USER/S AND IS LIMITED ONLY TO OFFERING THE SPACE TO PUBLISH ON THE SITE AND / OR FOR USERS TO CONCRETE OPERATIONS WITHIN IT.
COMMERCIAL OPERATIONS PERFORMED BETWEEN THE "USERS" OF THE "SITE" ARE SUBJECT TO THE LAWS GOVERNING THE MATERIAL IN THE ARGENTINA REPUBLIC (with the caveats indicated for international operations). IN ADDITION, COMMERCIAL OPERATIONS WILL BE SUBJECT TO GENGANAR'S TERMS AND CONDITIONS AND OTHER POLICIES THAT "USERS" DECLARE TO KNOW AND ACCEPT.
INTERNATIONAL OPERATIONS
Those operations carried out with Users with residence outside the Argentine territory, will be called "International Operations".
In International Operations, Users act in their own interest and on their own account and order, being they who agree to the conclusion and conditions of the transaction, purchase or transaction, and are solely responsible for fulfilling the obligations arising in the operation, purchase or transaction. GENGANAR only makes available to Users a virtual space that allows them to market over the Internet, enabling the celebration of Operation International.
Users know and agree that, possibly, Argentine law will not apply to International Operation (whether in whole or in part) and that they must eventually be subject to the regulations of another country. They also acknowledge and agree to be met by the applicable Argentine rules on customs, import and export of goods.
Contracting Users undertake to:
Consult the AFIP (Federal Public Revenue Administration), in order to verify the conditions and requirements applicable to Operation International.
Verify the legality of the good subject to Operation International under the rules in force in Argentina.
Obtain any authorization necessary for the approval or permission required under the rules in force in Argentina for the import or export of the good subject to Operation International.
The User residing abroad, must observe the same obligations as the National User, but with the authorities and entities of his country.
Users will be responsible for all costs related to the operation of the good, including ordinary costs that are already incorporated into the final price published in the notice (their value, transportation costs, insurance, import duties, export, fees and other taxes paid), such as those extraordinary costs that may arise in a particular operation. The final price will be communicated to the email stated in the Profile ninety-six (96) hours after the order is placed.
Publication
- Advertisements or publications offering a Product under the Modality of International Operation must be clearly identified.
- The Seller User is solely and exclusively responsible for the content of the notice or publication, including in particular, but without limitation, the full description of the good, the category of the good, the images, and all other conditions of Operation International. The Seller User shall be responsible for any errors or omissions in the definition and veracity and accuracy of the description of the goods.
- The Buyer User shall be responsible for the costs in respect of import duties, fees and/or any customs taxes.
- The price may be published in legal tender or foreign currency expressly indicating the applicable exchange rate.
Deadlines
The Buyer User knows and accepts that the delivery time of the good estimated in the publication of the good may be modified for reasons beyond the seller's site.
If from ninety (90) days from the date of confirmation of The International Operation the User will initiate a claim for non-delivery of the good, GENGANAR will be responsible for verifying whether the Seller User made the shipment, without securing a result. In case the good is on the way, the delivery time will be extended for a reasonable additional time.
Warranty, replacement and information about the Products
- Users know and agree that the information about the products included in the packaging, manuals and / or accessories may be in a foreign language, being the responsibility of the Buyer User to take all necessary measures to ensure the correct and complete understanding of the use and operation of the good.
- Users know and accept that the conditions of technical support, may vary between the different concertations of Operation International, because it involves different jurisdictions.
- The Seller User must inform the Buyer User of the channels of care and support available in relation to the purchased good.
- If applicable, the Buyer User shall be responsible for the standing animal from the time of withdrawal from the premises of the Customs of Destination, for this reason everything that happens with the animal after withdrawal shall be the responsibility of the Buyer User; and the Seller User will be responsible until the entry of the animal into the Customs of Destination.
RESPONSIBILITy of GENGANAR
GENGANAR is not a party or intervenes in the conclusion, improvement, fulfillment of the obligations or the termination of the International Operation among Users, therefore it will not be responsible for the fulfillment of any of the obligations arising in each of these stages, nor will it be responsible for the veracity, correctness and / or completeness of the statements and / or guarantees issued by Users in relation to Operation International. Each User knows and agrees to be solely responsible for the goods he/she publishes for sale, for the offers and/or purchases he/she makes and for the information he/she provides.
Users agree that GENGANAR shall not be liable for:
For compliance with the regulations applicable to The International Operation to the Argentine and/or foreign territory, including but not least, obtaining authorizations, permits by Argentine authorities, nor, the requirements of the foreign territory.
For possible incompatibilities between the good subject to The International Operation and the technical and/or use standards or conditions in force in Argentina and/or abroad.
For the existence, quantity, quality, status, integrity or legality of the goods offered by Users.
For the possible return, retention and / or seizure of the goods and / or for any inconvenience suffered by Users in relation to customs procedures.
For any delay in the delivery of the Products.
For lack or inadequacy of technical support services on the subject good of Operation International within the Argentine and/or foreign territory.
For anything not expressly provided in this section, the remaining provisions of these General Terms and Conditions shall apply.
SALES COMMITMENT
The User who publishes a good for sale, must have the capacity and intention to sell the good, own or be authorized by the owner of the good to make the sale and have the immediate availability of the good for delivery and / or to carry out the relevant processes of extraction of genetic material. In some particular cases, and under current legislation, the User must comply with all regulations, registrations and collections required by law to make the offer of the good.
The User who publishes an offer of services, must have the intention and ability to provide the service, be the provider or be authorized by the service provider to offer the provision, must comply with all regulations and registrations required by law to provide the service it offers and must have the availability to provide the service.
In all cases the published price is the one that satisfies the aspirations of the Seller User, in no case can retract or modify the published price once the transaction has already been completed.
Reversal
The Buyer User may revoke or cancel the acceptance/confirmation of purchase within ten (10) days of acceptance/confirmation of purchase.
The Buyer User must make the Product available to the Seller User. As for the expenses incurred in the request/purchase of the Buyer User will be on its own, as well as the responsibility until the arrival of the Product at the facilities of the Seller User and the return costs.
If the Buyer User requests a revocation or cancellation within the indicated period, GENGANAR may make the arrangements for submitting, communicating and tracking his request to the Seller User. If the refund of the price paid is authorized, it will be made directly by the Seller User. Unless payment has been made by credit card/credit card Agro, through a credit or a reversal of charge to the same card with which the reservation was made, subject to authorization by the credit card holder. If the payment was made in cash and/or bank transfer, the Buyer User must provide his/her bank details to make the refund by bank transfer.
The way to proceed and the special conditions governing cases of return/changes in the purchase confirmed by the Buyer User, are determined by the Seller Users.
Cancellations/revocations/cancellations of the Seller User shall be at his own risk and charge and GENGANAR shall not be liable for any administrative or judicial claims or penalties that the Seller User receives under them.
Users will keep GENGANAR unscathed from any claims related to cancellations/revocations/cancellations of operations generated through the Site.
The Commission for the services charged by GENGANAR and for the concretion of the transaction is non-refundable. In case of revocation/cancellation of confirmed or concrete sales, changes or refunds, the Commission will not be refunded, as it corresponds to a service actually provided by GENGANAR.
In the event of a revocation/cancellation of purchase, GENGANAR will not be liable or receive claims for withholdings made by the companies in charge of Agro credit cards/credit card, banks or tax collections
CARD AUTHORIZATION AND VERIFICATION
The User knows that GENGANAR uses services of a third company (the "Verification Company") dedicated to secure payment systems with the standards admitted to the market, which allows to manage the authorization of a transaction made with a credit card / agro credit card or other means of payment via the Internet, before the credit card/credit card company Agro or company holding the means of payment.
The User knows and accepts that the details of his/her credit card/credit card Agro or other means of payment entered on the Site, will be received and used by the Verification Company for the purposes indicated above.
The Verification Company acts as a link between the Site and the credit card/credit card issuing company Agro or company holding the means of payment, communicating to such companies the request required by the Site and announcing to the latter and the User the result of such authorization management.
The verification process works as follows:
1. The Verification Company receives the payment request generated by the User on the Site.
2. The Verification Company sends the request to the means of payment for processing.
3. The Verification Company notifies GENGANAR of the outcome of the transaction, who informs the User of such result.
4. The transaction is settled directly to the Buyer's bank account.
The User knows and accepts that the details of his/her credit card/credit card Agro or other means of payment entered on the Site, will be received and used by the Verification Company for the purposes indicated above.
Commissions for services provided by GENGANAR SAS
Each of the services provided by GENGANAR on its Site has a Commission or Price, which can be found in the commission table.
GENGANAR reserves the right to modify, change, add, or eliminate current commissions, at any time and without prior notice.
USER OBLIGATIONS
Seller User
The Seller User must have legal capacity to sell the good or offer or develop the service subject to its publication. If the Seller User has received an offer he/she is obliged with it and under the conditions published by that Product.
Since the Site is a meeting point between buyer and seller and GENGANAR does not participate directly in the operations that are carried out between them, the Seller User will be responsible for all obligations and tax charges that correspond to the development of their activity, for the sale of their goods and / or development of the services, without being able to impose on GENGANAR some type of liability for breaches in this regard.
Receive purchase revocations from the Buyer User within ten (10) days of requesting the Product.
Receive claims/returns for defective or different Products within ten (10) days of receipt. In any of the aforementioned cases, whether the Buyer User expresses his intention to revoke the purchase or if he initiates a claim for defective or different Products within the indicated period, the Seller User must accept the exchange or return of the product sold and must bear the costs that this entails, including the shipping costs that are necessary. GENGANAR may require the Seller User to receive returns or claims for defective or different Products for a period longer than mentioned.
Keep publications up to date in case of modification in the Products offered, such as quantity, quality, price, stock, etc.
The Seller User shall be responsible for all taxes that correspond to him/her for the operations carried out on the Site, in accordance with the regulations in force in this matter, with the exception of the International Operations in which he/she shall be obliged to bear the tax charge to the customs office of destination chosen by the Buyer User, who shall be responsible for the customs duties of destination and the processing of the documentation and requirements for the importation of the Product.
Buyer User
- For the entire duration of the publication of the Product, interested Users may purchase it. Once the purchase is made, the Buyer User is bound by the agreed terms and conditions and these General Terms and Conditions.
- The Buyer User shall be responsible for all taxes applicable to him/her in accordance with the regulations in force in this matter.
SCOPE OF LIABILITY OF GENGANAR SAS
General
The User agrees that the use of the Site and the Products are his/her sole responsibility. GENGANAR does not warrant and assumes no responsibility for any damage, damage or loss to the User or third parties caused by (i) system, server or Internet failures, errors, inaccuracies of the content, (ii) personal injury or damage to property, or damage of any nature resulting from your access, visit, use (iii) any interruption or cessation of transmission to or from the Site, (iv) any failure, virus, or similar that may be transmitted to or through the Site by a third party, and/or (v) any error, omission or wrongfulness in the content or for any loss or damage of any kind incurred as a result of the use of the Site; and, (vi) security and privacy in the use of the Site and/or the Products.
In no event shall GENGANAR be liable for direct, indirect and/or unforeseen damages. Each User is responsible for the proper use of the Site, expressly committing to avoid any type of action that may damage systems, equipment or services accessible, directly or indirectly through the Internet.
All information published and/or offered on the Site is provided by Users, being the sole responsibility of them such information. GENGANAR is not responsible for the publication, veracity and accuracy of the information that in the publications made on the Site.
Each User assumes full responsibility to the Site and third parties for damages arising as a result of the own action, its dependents and/or third parties and those resulting from the non-observance of the laws or regulations of other wrongdoing or misuse of the service, and the User must indemnify and hold the Site and/or GENGANAR indemnify against any claim of payment that may correspond.
GENGANAR shall have the right to extend or improve the service on the Site provided without prior communication, as well as to alter the means or routes used for the provision thereof.
GENGANAR will not be responsible for satisfying or complying with the needs and requirements of the User related to the transactions agreed between the Users, limiting itself only to providing a space for marketing and facilitating the means of payment to concrete the transaction.
By way of example and non-taxatively, GENGANAR shall not be liable or warranties to Users for:
(i) User/Third Party Claims: any lawsuit, action, claim – whether judicial, extrajudicial or of any nature – linked to the Consumer Protection Act (Act 24.240), the Trademarks and Designations Act (Act 22.362) and the Commercial Loyalty Act (Act 22.802), from other Users or third parties.
(ii) Tax obligations: any claim, action, claim made by the agency of the Federal Public Revenue Administration (AFIP) and/or by any other body, entity or legal person competent to claim compliance with tax obligations – national, provincial and municipal.
(iii) Governmental obligations: any claim, action, claim, closure, fine, penalty made by the State – national, provincial or municipal – for reasons related to, or in any way linked to, the qualifications, permits and/or authorizations that are required for the purposes that the User may sell/buy a good or provide a service.
From the content
The User understands that GENGANAR does not control, and is not responsible for all goods, articles, messages, comments, files, images, photographs, videos, sounds and all other material published through or obtained from the Site, and that by using the Site the User may be exposed to objectionable content for various reasons. GENGANAR makes no representations or warranties as to the accuracy, reliability or authenticity of the site's content.
- Non-compliance with law, public order, morality and good customs as a result of the transmission, dissemination, storage, making available, reception, obtaining or access to the contents; and in particular infringement of intellectual property rights, rights to honor, privacy and image, property rights and otherwise belonging to a third party as a result of the transmission, dissemination, storage, making available, reception, obtaining or access to the contents;
- The performance of acts of unfair competition and unlawful advertising;
- GENGANAR assumes no responsibility and is not responsible for conflicts or compatibility issues that may occur due to third-party software. GENGANAR assumes no responsibility for data loss as a result of your use of the Site.
Marketing on the Site
All information about the Products offered on the Site is provided by the Users who offer and publish such goods, thus being their sole responsibility.
Since GENGANAR does not participate in transactions or transactions that take place through the Site, but acts as a mere supplier of the space, it does not guarantee that there are no other goods on the market with identical or similar characteristics to those offered on it, even more convenient in relation to the price, quality or commercial conditions agreed with the Seller User. GENGANAR has no responsibility or verify compliance with the qualities or conditions of the Products offered by Users.
GENGANAR is not the owner of all the items offered, has no possession of them or offers them for sale, nor is it a provider of the services offered by the Seller Users. In all cases that you own, own or offer the services, GENGANAR will clarify in the publication. GENGANAR is not involved in the improvement of the operations carried out between the Users or in the conditions stipulated therein, therefore, it shall not be liable or guaranteeful with respect to the existence, quality, quantity, status, integrity or legitimacy of the goods and services offered, acquired or alienated, or contracted by The Users, as well as the ability to contract the Users or the veracity of the Personal Data entered by them or their capacity and enablement for the provision of services. Each User knows and agrees to be solely responsible for the goods and services he/she publishes for sale and contracting and for the offers and/or purchases he/she makes.
Likeever, GENGANAR shall not be liable for non-compliance, delay in compliance, defective compliance or termination for any reason of pre-contractual, contractual and/or non-contractual obligations assumed by Users or third parties contacted through the Site, in the event of negotiations, talks and in the improvement of the operation. The User knows and accepts that by performing operations with other Users or third parties he/she does so at his/her own risk. In no event shall GENGANAR be liable for loss of profit, loss of chance or for any other damage and/or personal prejudice, to its property or any other nature that the User may have suffered, due to operations performed or not performed by goods or services published through the Site. Nor will GENGANAR respond in case of fortuitous or force majeure.
The Products published on the Site are not guaranteed by GENGANAR, assuming those who provide them with full responsibility for the quality, redhibitory or apparent defects, eviction and / or any loss or damage that may be suffered in relation to the contracts formalized on them between the Users of GENGANAR.
GENGANAR shall not be liable for any damages caused, including fortuitous case and force majeure, caused to the animals, equipment, facilities or personnel of the Users.
GENGANAR recommends that you exercise caution and common sense when performing operations with other Users. GENGANAR shall not be liable for making offers and/or operations with other Users based on the trust placed in the system or Services provided by GENGANAR.
From Conflicts Between Users
In the event that one or more Users or any third party initiates any claim or legal action against another or other Users, each and every User involved in such claims or actions disclaims all liability to GENGANAR and its partners, managers, employees, agents, operators, affiliates, subsidiaries, representatives and agents.
The Relationship Between GENGANAR and Users
This agreement does not create any partnership, mandate, franchise, or employment relationship between GENGANAR and the User.
The User acknowledges and accepts that GENGANAR is not a party to any operation, nor does it have any control over the quality, safety or legality of the advertised Products, the veracity or accuracy of the advertisements, the ability of Users to sell or purchase them.
GENGANAR cannot ensure that a User will complete an operation and will not be able to verify the identity or personal data entered by Users.
GENGANAR does not guarantee the veracity of third party advertising appearing on the Site and will not be liable for the correspondence or operations that the User has with such third parties or with other Users.
INTELLECTUAL PROPERTY OF GENGANAR. Links
The contents of the screens relating to the services of GENGANAR as well as the programs, databases, networks, files that allow the User to access and use his Profile, are the property of GENGANAR and are protected by international copyright, trademark and patent laws and treaties. Misuse and reproduction in whole or in part of such content are prohibited, unless expressly authorized in writing by GENGANAR. Any action that by any means interferes with the development or content of the Site, databases, information and in general in the activities and activities of GENGANAR and Users is prohibited.
Any intrusion, attempt or activity contrary to the provisions of this point or applicable national and international laws shall make it possible for you to be responsible for the relevant administrative and legal actions, and to the penalties provided for in these Terms and Conditions, as well as hold you responsible for compensating for any damages caused.
The Site may contain links to other Websites which does not indicate that they are owned or operated by GENGANAR. By virtue of genganar has no control over such Sites, it shall NOT be liable for the contents, materials, actions and/or services provided by them, or for damages or losses caused by the use thereof, whether caused directly or indirectly. The presence of links to other Websites does not imply a partnership, relationship, approval, endorsement of GENGANAR to such Sites and their contents.
Breach
Failure to comply with any of the provisions agreed herein shall entitle the complying Party to terminate these General Terms and Conditions and to claim the other for any damages caused to it by its breach. However, the User may exercise this right only if the breach of GENGANAR persists, having to invest in a reliable way to GENGANAR for the purpose of resancing the breach within five (5) days. Where the delay in subsancing the alleged breach exceeds five (5) days the User may declare these General Terms and Conditions resolved, and claim from the other Party the damages caused.
Compensation
The User agrees to indemnify and hold GENGANAR liable (including but not limited to its related companies, their respective partners, managers, officers, representatives, agents and employees) for any claim or demand (including reasonable attorneys' fees) made by any User and/or third party for any violation of the General Terms and Conditions and Annexes and Policies that are understood to be incorporated herein, and/or any laws and/or rights of third parties.
To this end, the User empowers GENGANAR to: (i) intervene and represent him in such claims or claims, and may reach agreements without limitation, on his behalf and representation; (ii) withhold and debit existing and/or future funds from your GENGANAR account; and/or iii) generate specific billing charges; and/or iv) debit from the declared bank account the funds necessary to cover these contingencies.
ANNEXES / POLICIES
They are an integral and inseparable part of the General Terms and Conditions, all annexes, documents and/or sections of GENGANAR incorporated by reference, detailing policies and/or Terms and Conditions of different services offered on the Site, so acceptance of these Terms and Conditions implies acceptance of such annexes, documents and/or sections. They can be consulted within the Site by means of the link provided or by accessing directly the corresponding pages.
- Conditions for dissemination ;
- Conditions for advertising ;
The above list is enunciative. Also applicable and part of these General Terms and Conditions are those annexes that, without being stated in the above list, are published on the Site.
VALIDITY AND TERM
The existence of the Site and the services contained therein has, in principle, an indefinite duration. Notwithstanding the foregoing, GENGANAR reserves the right, in its sole discretion, to definitively terminate or suspend the Site and the Services contained therein. This shall not result in any right to claim or resentment.
TRANSFER BAN
The User may not transfer, delegate or assign in any way his/her rights and /or obligations arising from these General Terms and Conditions, or their exercise to third parties, unless expressly authorized by GENGANAR. In the event that the User is a legal entity, the modification of the persons or group of persons who are controlling the social will of the User will have the same effects as a prohibited transfer under this section.
Only GENGANAR may assign all or part of the emerging rights and obligations of these General Terms and Conditions, of its own free will and without requiring prior authorization from the User, to any of its associated, linked, controllable and/or controlled and/or third parties, only the communication corresponding to the User is necessary.
VARIOUS PROVISIONS
The User when interacting on the Site may contract other services and/or products to GENGANAR or third parties, so he/she accepts, acknowledges and undertakes to comply with the Terms and Conditions stipulated on the Site for such operations.
Lack of requirement of Compliance with Obligations. Any of the emerging rights to these General Terms and Conditions may be waived in writing at any time by the Party holding such right. The failure or delay of any Party, at any time or from time to time, in the exercise of its rights shall not be construed as implying a waiver of that Party's right to exercise such right. The partial exercise of any of the rights under these General Terms and Conditions shall not prevent the subsequent and complete exercise of the right that would have been partially exercised. No waiver of any breach shall constitute, or allow, to be constructed by interpretive means, a waiver of a subsequent breach.
Partial invalidity of clauses. If any provision of these General Terms and Conditions, or their application, is deemed invalid or un enforceable to any extent, the validity and enforceability of the remaining clauses and provisions shall not be affected even if the Parties have to negotiate in good faith an agreement on the mutually satisfactory terms of the provision that replaces the rule or rule here of these deemed invalid or unexplained.
Stamp Tax. In the event that these General Terms and Conditions are taxed by stamp tax, it will be borne in equal percentages by the Parties.
Applicable Law. These General Terms and Conditions, as well as the relationship established between the Parties as a result of the final discharge email, are governed by and will be construed by and in accordance with the laws of the Argentine Republic.
Jurisdiction. In the event that any dispute or conflict between the Parties arises in connection with these General Terms and Conditions and/or the relationship established between them as a result of the notification of the final discharge, the Parties submit to the jurisdiction of the Ordinary Courts in the Commercial interest of the City of Rio Cuarto, province of Córdoba, Argentina, expressly waiing any other jurisdiction and / or jurisdiction that may correspond to them.
Notifications
All notices, consents, approvals, waivers and other communications to be made by the Parties pursuant to these General Terms and Conditions shall be made in writing on paper or electronically, and shall be valid to the extent that (i) they are delivered in person, or (ii) submitted by document letter – or epistolar instrument of a similar nature that ensures the content of the document and its delivery – , or (iii) are otherwise delivered (fax, email, etc.). Such communications shall be made to the following addresses:
(i) The User, at the physical address and/or email address of the addresses detailed in his/her Profile at the time of sending the notification; And
(ii) GENGANAR, in Carlos Gaudard Street No. 437, of the city of Río Cuarto, province of Córdoba. Email: info@genganar.com
The User may not claim the failure to receive the email and/or physical notification to his/her home, if it was sent to any of the addresses detailed in his Profile at the time of sending, considering this situation a breach of the User. To make a modification to his/her email box and/or address, the User will have to make the change to his/her Profile; and, GENGANAR prior to changing it must notify the change to the email stipulated by the User. The Parties may also modify the addresses constituted by making reliable notification to the other Party. The amendment shall be valid only from the receipt by the other Party of such communication.
