I. TERMS AND CONDITIONS OF THE WEBSITE
(Applicable to the Website and the Services Provided on www.dinexos.com / dinexos.com)
CLAUSE (1). Definitions
- AAIP: Public Information Access Agency established by Law No. 27,275.
- Access: One or more actions by the User required—for the Website, to access it; or, for a Third Party Site, to open (in accordance with the Internet protocol known as Hypertext Transfer Protocol (HTTP) or Hypertext Transfer Protocol Secure (HTTPS)) one or more HTTP or HTTPS connections respectively between the Internet address of that Third Party Site and the Internet address of a device used by the User to open each such connection.
- Website Access: The opening (according to HTTP or HTTPS) of one or more connections between the Internet address of the Website and the Internet address of a device used by the User to open each connection.
- Activity on the Website: The use by the User of one or more functionalities included and enabled on the Website.
- Administrator: The legal entity Dinexos SRL, with CUIT 33-71776866-9, whose email address is [email protected].
- Public Authority: Any legislative, executive, or judicial body of national, provincial, or municipal character.
- Cookie: Any digital file that meets the following requirements:
- It is created by a website accessed by the User for the first time;
- It stores one or more pieces of data about the User (e.g., access identification) and/or about the User’s activity on that website (e.g., the selections made) in order to facilitate subsequent access and use;
- It is stored by the web browser used by the User upon their first access; and
- It can be read (or read and modified) by that website if the User accesses it again using the same browser.
- Security Credential: One or more Personal Data and/or other information provided by a natural person—either directly or via an unauthorized computer program expressly approved by the Administrator—to grant that person a unique and unequivocal identity as a User.
- Personal Data: Any data belonging to the User (including, without limitation, data about the device used to access the Website—such as model, operating system, connection, etc.—and the geographic location during the User’s stay on the Website) that (1) may be legally collected by the Administrator under Law 25326 (and as further specified in the relevant privacy clause) and (2) is not public knowledge at the time of collection.
- Law 25326: Law No. 25,326 and Executive Decree No. 1558/2001 of the National Executive Power.
- Control Body: Either the AAIP or any other Public Authority endowed with the competence established in Article 29 of Law 25326 in place of the AAIP.
- To Remain on the Website: One or more actions by the User on the Website (in accordance with these Terms and Conditions) necessary to prolong the User’s stay.
- Stay on the Website: The time period beginning with, and including, Website Access and ending with, and including, Website Exit.
- Owner: The Administrator.
- Website Exit: The closing (according to HTTP or HTTPS) of the only or final connection opened by Website Access.
- Website: Any digital file—whether empty or containing one or more texts (original or authorized reproductions), images, videos, sounds, graphics, icons, logos, isotypes, trademarks, drawings, emblems, color combinations, alphanumeric combinations, advertising slogans, or any other digital/digitized content (other than computer program instructions)—and any computer program file (whether or not using such digital files) directly or indirectly associated by the Administrator with the following domain:
- Third Party Site: Any Internet address different from the Website.
- Unauthorized Software: One or more digital files (executable or not) or computer programs—not including “Prohibited Software”—developed to modify (either alone or in connection with other files or programs), in whole or in part, temporarily or permanently, with immediate or deferred, continuous or intermittent effect, the regular functioning (including confidentiality, integrity, or availability) of the Website without the prior express authorization of the Administrator.
- Prohibited Software: One or more digital files (executable or not) or computer programs developed to interfere (either alone or in connection with other files or programs), in whole or in part, temporarily or permanently, with immediate or deferred, continuous or intermittent effect, with the regular functioning (including confidentiality, integrity, or availability) of the Website.
- Courts: The local judicial bodies competent for matters as specified in the “Competent Judicial Courts” clause.
- T&C: These present Terms and Conditions of the Website.
- User: Any natural person who accesses the Website, remains on it, and performs Activity on it—either personally or via an unauthorized computer program expressly approved by the Administrator—and every “Necessary User.” (For the purpose of this document, any Activity performed using a Security Credential shall be deemed to have been performed by the natural person who provided that credential.)
- Necessary User: Any natural person who is either the holder of or legally responsible for another natural person (e.g., a minor under 18 years of age who is not emancipated) accessing the Website, and who lacks full legal capacity to access, remain on, and perform Activity on the Website in accordance with these T&C.
Clause (2). Purpose of the T&C
(a) These T&C:
(I) Apply to and detail the contractual relationship between the User and the Administrator with respect to Website Access, Stay on the Website, Activity on the Website, and Website Exit; and
(II) Do not apply to any Third Party Site accessed either before Website Access, during the Stay on the Website (via one or more links provided on the Website), or after Website Exit.
(b) The use of any link to a Third Party Site provided on the Website is governed by the “Third Party Sites” clause
Clause (3). Consequences of Accessing the Website
(a) Each Website Access automatically constitutes:
(I) For the User:
Unconditional and complete acceptance of these T&C; and
The representations as set forth in the “User Representations” clause; and
(II) For the Administrator: Authorization for Website Access, Stay on the Website, Activity on the Website, and Website Exit solely on the basis of (I).
(b) For this clause, the T&C are those published by the Administrator on the Website during the User’s stay unless expressly indicated otherwise by the Administrator.
Clause (4). User Representations
The User represents, alternatively: (a)
- (I) That they are either at least 18 years of age or are emancipated by marriage and, in any event, possess the legal capacity to access, remain on, and perform Activity on the Website in accordance with these T&C; or
- (II) That if under 18 and not emancipated, they have obtained the necessary authorization, assistance, advice, and supervision from a “Necessary User” to access, remain on, and perform Activity on the Website;
(b) That they are the “Necessary User” for another User who is under 18 and not emancipated (if applicable) and has received the required supervision and authorization;
(c) That they are not compelled by the Administrator to access, remain on, or perform Activity on the Website; and
(d) That they do not need to obtain further authorization or consent from any other person or Public Authority to access, remain on, and perform Activity on the Website (except for that required under clause (a)(II)), or, if needed, that they have such authorization; and
(e) If accessing the Website via an unauthorized computer program, that: - (I) They are aware that such software is neither Prohibited Software nor Unauthorized Software; and
- (II) They have, if required, obtained any necessary authorizations or consents.
Clause (5). User Rights
In addition to any other rights provided by these T&C and applicable law, the User has the right to:
(a) At any time during their stay, view the version of the T&C currently in force;
(b) Obtain technical assistance via the Website regarding any technical issues encountered during Activity on the Website;
(c) Decide—at their sole discretion—when to exit the Website (except when exit is compelled by:
- (I) a force majeure event; or
- (II) the operation of Prohibited Software; or
- (III) a decision by the Administrator due to non-compliance with the T&C, an act by the Administrator (as per the “Modifications and Other Situations” clause), or compliance with an order from a Public Authority);
(d) Not be considered “connected” to the Website after exit, notwithstanding any liability for Activity scheduled during the stay that is completed after exit; and
(e) Be clearly informed by the Administrator (via the Website and/or email) of any verified non-compliance with the T&C, and, if applicable, be given the opportunity to remedy such non-compliance (provided the Administrator deems it remediable)
Clause (6). User Obligations
In addition to all other obligations imposed by these T&C and applicable law, the User agrees to: (a) During the Stay on the Website:
- (I) Prior to performing any Activity on the Website:
- Understand these T&C;
- Independently determine, at their own expense and responsibility, whether it is legal for them to remain on and perform Activity on the Website under applicable law at the time and location of access;
- Independently verify the IT security of the connection used; and
- Provide, in a timely, complete, accurate, and truthful manner, any Personal Data and/or other information requested on the Website or via email by the Administrator as a condition to remain on the Website or perform Activity;
- (II) Perform Activity in accordance with all instructions, the intended functionality of such Activity, and in full compliance with these T&C and applicable law;
- (III) Read and understand any available information on the Website regarding troubleshooting;
- (IV) Promptly seek technical assistance if needed, providing all necessary information and following any instructions received;
- (V) Keep all Security Credentials confidential; and
- (VI) Immediately notify the Administrator of any defects, errors, or vulnerabilities inadvertently discovered; and
- (VII) Refrain from:
- Transmitting to the Website any Prohibited Software, Unauthorized Software, or digital content that is inconsistent with the Website’s objectives or violates these T&C or applicable law (including intellectual property, trademark, or patent laws);
- Attempting to access or obtain Personal Data (yours or others’) without the Administrator’s prior express authorization;
- Interfering with the confidentiality, integrity, or availability of the Website;
- Deliberately probing for defects or vulnerabilities; and
- Informing third parties (other than a Public Authority in the exercise of its functions) of any such defects or vulnerabilities.
(b) After Website Exit:
- (I) Continue to keep all Security Credentials confidential;
- (II) Re-access the Website to generate new Security Credentials if any previously generated credentials have lost their confidentiality; and
- (III) Immediately notify the Administrator of any Security Credential that is no longer confidential.
Clause (7). Requirements for Performing Activity on the Website
(a) At any time, the Administrator may (on the Website and/or via email) require the User, in advance and expressly, to:
- (I) Accept additional terms and conditions (either complementary to these T&C or specific to some or all of the Activity); and/or
- (II) Confirm or provide additional Personal Data and/or other information; and/or
- (III) Pay a specified sum in accordance with a clearly provided payment procedure, as a condition for performing some or all of the Activity on the Website.
(b) Should the Administrator request such information or actions, it may also request the measures set out in the “User Account Registration” clause.
Clause (8). User Account Registration
(a) The Administrator may, at any time, require the User (via the Website and/or email) to create one or more registration accounts (in the User’s exclusive name and secured with a Security Credential) as a condition to:
- (I) Access, temporarily or permanently, information provided by the Administrator and/or third parties that is not available to Users without a registration account; and/or
- (II) Perform, in whole or in part, Activity on the Website.
(b) Each registration account created: - (I) Is non-transferable in terms of ownership and use;
- (II) Will be maintained free of charge unless expressly indicated otherwise by the Administrator; and
- (III) May, at any time:
- Be deleted by the User without stating a reason unless the Administrator expressly indicates otherwise; and
- Be suspended (for up to 90 days) or deleted by the Administrator if:
- (A) The User fails to comply (in whole or in part, temporarily or permanently) with these T&C or applicable law; or
- (B) An order is received from a Public Authority.
(c) If the Administrator decides to suspend or delete an account under (b)(III)(2), such decision and its grounds will be communicated to the User by email (either before, at the same time, or after the suspension or deletion), except when, at the Administrator’s sole discretion, such notice might compromise the effectiveness of the action.
Clause (9). Administrator Rights
In addition to any other rights granted by these T&C and applicable law, the Administrator has the right to:
(a) Provide, upon written request by a Public Authority, information regarding the User, their Stay on the Website, and/or Activity on the Website; and
(b) Deny Website Access, Stay on the Website, and/or Activity on the Website to any individual who loses their User status due to repeated or continuous non-compliance with these T&C or applicable law.
Clause (10). Modifications and Other Situations
(a) The Administrator may, at its sole discretion and without prior, simultaneous, or subsequent notice or explanation to the User:
- (I) Modify, in whole or in part, temporarily or permanently,
- The Website; and/or
- These T&C;
- (II) Generally prevent (in whole or in part, temporarily or permanently) access to the Website; and
- (III) Close (in whole or in part, temporarily or permanently) the Website.
(II) In addition, the Administrator may notify the User (via the Website and/or email) at a time and for a duration it deems appropriate of any such modifications or restrictions.
(III) The Administrator shall have no obligation to (1) update the Website continuously or (2) keep disabled functionalities re-enabled for the User after a modification. (b) The User is not obligated to accept any modifications and must expressly indicate (via the Website and/or email) that they have read, understood, and unconditionally accepted any modifications as a prerequisite to remaining on the Website and/or performing Activity. If the User does not intend to comply, they must refrain from accessing or using the Website.
Clause (11). Third Party Sites
(a) The Website may, at any time (temporarily or permanently), include links to one or more Third Party Sites.
(b) No Third Party Site shall be deemed to be owned by or licensed to the Administrator unless expressly indicated otherwise.
(c) The inclusion, enabling, replacement, disabling, or removal of any link to a Third Party Site will be performed by the Administrator to enhance the interaction between the User and the Website and will be governed by the “Modifications and Other Situations” clause.
(d) The User is not obliged to:
- (I) Access any Third Party Site; or
- (II) Use any link provided on the Website to access a Third Party Site, unless expressly indicated otherwise.
(e) Consequently: - (I) The Administrator shall not be held responsible if:
- A Third Party Site (whether temporarily or permanently) complies with applicable law or its own terms, is operational at the time of access, imposes requirements no more demanding than those of these T&C, functions in accordance with its own terms, or provides digital content that is complete, accurate, and current; or
- The User meets the access requirements of the Third Party Site and does not suffer any direct or indirect harm as a result of accessing it.
- (II) The User is solely responsible for independently determining the legality, necessity, risks, and acceptance or rejection of the Third Party Site’s terms.
Clause (12). Intellectual Property
(a) The Website is either entirely owned by or licensed to the Administrator (unless expressly stated otherwise) and is protected by intellectual property, trademark, and patent laws to the fullest extent.
(b) The User shall refrain from:
- (I) Storing (for any reason, whether for profit or not) all or part of the Website on any device without prior express authorization;
- (II) Modifying, copying, reproducing, transmitting, distributing, or otherwise disseminating any part of the Website without authorization;
- (III) Claiming ownership or appropriating any part of the Website;
- (IV) Attributing ownership to any party other than the Administrator; and
- (V) Granting any license or permission regarding any part of the Website.
(II) Additionally, by transmitting any content to the Website (that is not prohibited by the “User Obligations” clause), the User automatically grants the Administrator a perpetual, irrevocable, non-exclusive, transferable license to use that content without any compensation—even if prior notice is not given—provided it is not used for any illicit purpose.
Clause (13). Disclaimer of Liability
(a) The User acknowledges that Website Access, Stay on the Website, and Activity on the Website are undertaken on their own initiative, at their own expense, with full understanding of these T&C, and under their sole responsibility.
(b) Consequently, the Administrator shall not be liable for any direct or indirect, incidental, special, or consequential damages (including loss of profits, business interruption, loss of data, or other intangible losses) arising from:
- (I) The inability to access, remain on, perform Activity on, or exit the Website due to any technical or legal issues not attributable to the Administrator;
- (II) Actions taken in compliance or non-compliance with these T&C; or
- (III) In connection with a Third Party Site (including issues related to content, activity, cookie use, malicious software, etc.), except where access was based on an express indication by the Administrator and such indication was mandated by applicable law or an order from a Public Authority;
- (IV) The loss of confidentiality of a Security Credential for reasons not attributable to the Administrator;
- (V) The transmission and execution of malicious software on the User’s device (again, not attributable to the Administrator); or
- (VI) The User’s failure to comply with any obligation imposed by these T&C. (c) Nothing on the Website shall be construed as professional advice (legal, accounting, tax, or financial), and the User should obtain independent professional advice as needed.
Any references to third-party organizations, including but not limited to IBM, Google, Microsoft, AWS, and Samsung, are made in accordance with the official programs and partnerships under which the Administrator operates. These references do not imply exclusive representation or endorsement by such entities, except where explicitly stated in formal agreements. The Administrator remains in full compliance with each partner’s guidelines for brand usage and representation.
Clause (14). Privacy and Personal Data Protection
(a) The Website has been developed with respect for the User’s privacy and in recognition of the Administrator’s duty (under Law 25326) to protect any Personal Data transmitted by the User in relation to Website Access, Stay, Activity, and Exit.
(b) Each Website Access automatically constitutes the User’s unconditional consent for the Administrator to collect one or more Personal Data (via the Website and/or email) for the following purposes unless otherwise expressly indicated:
- (I) To improve the interaction between the User and the Website during the Stay;
- (II) To compile anonymous statistics of the Website;
- (III) To comply with an order from a Public Authority; and
- (IV) To evaluate and approve the User’s profile for the services provided based on the information submitted.
(c) Prior to storing Website Cookies on the User’s device, the Administrator must obtain the User’s unconditional consent (via the Website and/or email) to both store and use such Cookies.
(d) The User may, at any time during their Stay, communicate an unconditional refusal to: - (I) Provide Personal Data as required in (b); and/or
- (II) Permit the storage and use of Website Cookies as provided in (c).
The User acknowledges that such a refusal may result in a less satisfactory experience.
(e) The Administrator shall store Personal Data in a database managed exclusively by the Administrator at the address indicated in the “Special Address” clause.
(f) The collected Personal Data may only be stored, processed, and transferred by: - (I) The Administrator;
- (II) Any natural or legal person with whom the Administrator has a contract for transferring or assigning Personal Data; and
- (III) Any Public Authority that requests such data by judicial resolution when there are well-founded reasons related to public safety, national defense, or public health.
(g) In accordance with Law 25326, the User may request (every 6 or more consecutive anniversary months from the last such request, unless a legitimate interest is demonstrated): - (I) Free access to their Personal Data;
- (II) Updating of Personal Data if circumstances have changed;
- (III) Rectification if data is inaccurate or incomplete;
- (IV) Blocking of Personal Data; or
- (V) Deletion of Personal Data.
(h) Such requests must be made by: - (I) A registered letter for access requests; or
- (II) A simple letter (with a photocopy of a valid ID or Passport) for updating, rectification, blocking, or deletion requests.
(i) The User must send such requests only to the Administrator’s address as specified in the “Special Address” clause.
(j) The Administrator’s email (as given in the Definitions) is not considered an official electronic address for such communications.
(k) The Administrator is not obliged to comply with requests that would: - (I) Affect national defense, public order, security, or the rights of third parties;
- (II) Be made less than 6 months after a previous access request (unless a legitimate interest is demonstrated); or
- (III) Result in the deletion of data if such deletion would harm legitimate rights of third parties or prevent compliance with a legal retention obligation.
In such cases, the Administrator will inform the User of the grounds for refusal in writing.
(l) The AAIP, in its capacity as the Control Body under Law 25326, may receive complaints from Users affected by non-compliance with data protection regulations.
Clause (15). Communications
(a) The User may contact the Administrator:
- (I) Via the Website; or
- (II) If technical issues prevent communication via the Website, then via email to the Administrator’s email (as provided in the Definitions), strictly for purposes outlined in clause (14)(g) using the method in clause (14)(h).
(b) The Administrator may communicate with the User via the Website and/or via email (using the address provided by the User), and in response to requests made under clause (14)(g) (sent to the User’s address as indicated).
(c) Communications between the User and the Administrator are not confidential with respect to the Administrator and the User but will remain confidential with respect to all other parties (except a Public Authority acting in its official capacity).
Clause (16). Assignment
The User shall not assign their contractual position or any obligations or rights under these T&C to any third party.
Clause (17). Validity
If one or more clauses become invalid for reasons not attributable to the Administrator or the User, the remainder of the T&C shall remain in full force and effect.
Clause (18). Special Address
The Administrator designates the following address as its domicile for service of any notices:
Avenida Rivadavia 21204, Morón, Partido de Morón, Province of Buenos Aires.
Clause (19). Applicable Law
These T&C are governed exclusively by the laws of the Argentine Republic.
Clause (20). Competent Judicial Courts
Any dispute (whether litigated or not) relating to these T&C shall be exclusively resolved by the judicial courts competent for the subject matter located in the city of Morón, Partido de Morón, Province of Buenos Aires.