Legal Note
Introduction
MOELLER & Co., (hereinafter "Moeller") informs the users of its web page (hereinafter the "User" and the "Site", respectively) that the use of the reference material and information contained in the Site is subject to the terms and conditions set forth below, which the User accepts upon accessing the Site.
Privacy - Data Protection Policy
When accessing and/or using the material and information contained in the Site and or/ providing data in connection with and/or upon subscription to entry and/or use the services and/or information provided and/or contained in the Site, you express full, free and willing consent to the use of said material by Moeller & Co., according to the present Policy and Privacy and terms of use of the Site. In case you do not agree with this data protection and/or the terms and conditions of use, please refrain from using this web page. If you do not agree, with any of the specific terms or any particular operations carried out through this site, you shall not use the portion of the web page including such contents or through which the said operations could be carried out.
Moeller has the right to modify this data protection policy to bring it in line with future changes in the prevailing rules and/or judicial practice, as well as changes in Internet uses and practice. We suggest entering the Web Site from time to time so as to check whether changes have been introduced.
Some of the services provided on the Site may be offered under specific data protection conditions.
Data collection and handling contributes to support the contractual relationship with Moeller, and the management, administration, rendering, expansion and perfecting of the services provided by Moeller and/or the Site, as well as the delivery and/or request for delivery of technical and/or commercial information regarding the products and services offered by Moeller, be it by electronic mail, fax or other traditional means.
Moeller has adopted Data security and protection norms, availing itself of all the reasonable means and techniques, to avoid the loss, misuse, alteration, unauthorized access and/or theft of Data furnished to it. The User acknowledges and is aware that the security measures on Internet are not infallible.
Moeller assumes no responsibility for any error, notification, suspension, interruption, removal, failure in operations carried out by the user through the web page or its links, as for failures, theft, or destruction concerning lines or communication networks, servers made available by this web page, computer systems on line, servers or providers, computer equipment, software, electronic communications, technical problems or congestion in Internet traffic or in any of the services rendered by Moeller or any combination thereof.
The User is aware of and may exercise its Data access, cancellation and adjustment rights, as well as its right to be informed of any assignment of Data.
Moeller is entitled to use "cookies". Cookies allow the identification of registered users following their initial access to the site, without requiring them to register each time and enabling them to access the areas and services of the Site destined exclusively for registered Users. The cookies used cannot read data on user hard drives nor the cookie files created by other providers. Users may configure their navigator to display an on-screen warning of incoming cookies and prevent the installation of cookies on their hard disc. For further information, users are advised to read their navigator instruction manuals. Users do not need to allow the installation of cookies sent by Moeller in order to use the Site, however, Users will need to register as such under each of the services pursuant to the prior registration condition.
General conditions for the use of the Gateway
Since the Site can provide information and data that may be linked to potential legal matters, it is expressly established that such information does not substitute the suitable counsel by a qualified professional. Moeller does not assume any responsibility for the use that the user could select regarding the information contained in the site, as well as for the conclusions that he/she could draw concerning the same.
The use of the Site by the User does not establish a professional relationship between Moeller and/or its professionals and the User.
Intellectual Property
Except where otherwise stated, the information and/or contents used in this web are of exclusive property of Moeller, subject to intellectual property rights protected by pertinent laws, either national or foreign, as well as by international conventions that may be applicable. Any other information and/or contents, as well as names and trademarks of any kind, used in this web that have been granted to Moeller under license or consent, are owned by the respective licensors or consenters.
Moeller authorizes the User to view, copy, download to storage units and print the works of which Moeller is the holder, subject to the following conditions.
Such works may only be used for informative purposes and for personal use, not for commercial use. Despite the above mentioned the following acts are expressly prohibited:
- To sell and/or transfer access to the Site and/or any of the services offered through the Site or the links included in it.
- To sell, transfer, re-distribute the contents or information included in the Site, by gratuitous or onerous title, according to the case.
- To copy, distribute or reproduce, totally or in part, the Site in any means, without prior written authorization by Moeller,
- Not to modify, alter, either totally or in part, and/or perform any act that would imply adversely affecting the integrity of this present web page,
- Not to avoid, inactivate or manipulate in any manner the security of the Site, as well as not to impair in any manner the contents that limit or prevent use and/or transmission of any contents or which impose limits to use of the Site,
- Not to use, activate and/or make available, either directly or indirectly, any automated system, such as, among others, spider, offline readers, robots, etc., accessing in the Site, which would send more request messages to the servers of Moeller for a particular period than those that could be reasonably produced by any physical person within that time using a web search engine on-line,
- Not to obtain personal data from any user of the Site.
Such works may not be modified;
These documents must bear the following inscription:
"© Copyright 2008 Moeller & Co. S.A.. All rights reserved. The documents contained in this web page are protected under the terms of law 11,723 and international treaties subscribed by the Republic of Argentina. Their use is subject to the terms and conditions published in www.moellerip.com"
Other uses of the documentation and information
Any other use of the information contained in the Site is expressly prohibited, except with the prior written consent of Moeller. Such consent may be obtained from
mail@moellerip.com, indicating the following:
Document or information intended to be used;
Purpose for such use, means in which it will be used and timeliness of such use (eg; use in academic article in specialized publication);
Number of copies to be distributed;
Applicant’s data: name, address, telephone number, fax, e-mail.
Moeller will promptly answer any such request. Moeller reserves the right to approve or reject any request for authorization, under no obligation of stating the cause or reason for such decision.
Waiver of warranties and limitation to liability
The information and/or documentation contained on the Site is provided as is, without any type of explicit or implicit warranty, including, without limitation, relevance for any given purpose or compensation for third party claims.
Moeller makes reservation of the right to change or remove, either temporally or permanently, the information existing on the web page, without need of any prior notice thereof. To that effect, Moeller shall not be liable for any damages caused to users as a result of said changes, regardless of the fact that such changes may imply the inclusion and/or removal of the information appearing on the site.
The use of the Site is at the sole risk and exclusive responsibility of the User.
Under no circumstances Moeller, its employees, contractors, officers, directors, controlling and/or related companies, subsidiaries and/or branches or licensees shall be liable for any damages resulting from the access to or use of the web page, or from impossibility to use the web page, from errors or inaccuracies of contents thereof; infringement to the rules of security, disclosure of data, breach of user’s password, or any act involving harassment or overloading of the servers of Moeller, deviation of services to other Web Sites and/or exploitation thereof by unauthorized third parties, interruption or suspension of servers, impairment of the supplied material integrity, misrepresentation of data and attribution of rights or of contents, information and/or material, and/or any infringement of intellectual and/or industrial property rights and/or any other rights or interest likely to be the object of any claim.
This present limitation is applicable regardless of the fact that the alleged responsibility may derive from a contract, civil offense, liability, objective responsibility, or that the same may have another origin or source, even when Moeller has been truly notified of the eventual or actual commitment of any damage. As the web site is made available and controlled by Moeller from its facilities in the country, should the web site be accessible or used from different places in the country, the user will acknowledge to access or use the same at his/her own discretional will, waiving any better benefit and/or release of liability that may arise by virtue of the pertinent local legislation.
Indemnity
At the request of Moeller, the user accepts and agrees to defend and indemnify and hold Moeller, employees, contractors, officers, directors, controlling and/or related companies, subsidiaries and/or branches, if any, representatives, attorneys, harmless from any loss, claim, costs and expenses, including fees due to legal advisors, legal action, complaint, derived from access, use or undue use of the Web Site; infringement to third parties’ rights or any claim for damages of any kind, caused to third parties, as well as total or partial non-fulfillment of these present conditions. Moeller makes reservation of the right, at its own expense, to assume the exclusive defense and control of all matters not subject to any compensation for damages to be paid by the user, in which case the latter agrees to assist Moeller in sustaining all available defenses. This present obligation as to defense and compensation for damages shall be still binding even after the present service conditions have been completed or after the access to and/or use of the web page has been terminated.
Links and material provided by third parties
If the user uses any of the existing links on the Site, it will depart from the Moeller Site. Moeller does not control the web pages available through such links, either directly or indirectly. Therefore, Moeller shall on no account be held responsible for the content of such web pages, the links thereto (within the terms set forth in the preceding paragraph) and any links that such web pages may offer.
Moeller provides such links to facilitate contacts, however, they do not imply any recommendation, approval or suggestion on the part of Moeller or the Site.
It is advisable to access terms and conditions and privacy policies of all third party web sites.
Settlement of controversies
Any controversy connected with the use of and/or access to the Site, and/or the interpretation and/or enforcement of the present terms governing the use of the Site, shall be settled according to Argentine Law and submitted to the jurisdiction of the National Federal Civil and Commercial Law Courts of the City of Buenos Aires.
Entire Agreement
Unless otherwise provided, this present agreement constitutes the entire agreement between you and Moeller, and replaces all prior or contemporary communications and proposals (either oral, written or electronic) between you and Moeller regarding use of and/or access to the web page. If any of the Conditions of Use becomes void or unenforceable, the same shall be replaced by another one adjusted to applicable legislation and consistent with actual purposes of the parties, without affecting the entire validity of the present terms and conditions, and the remaining claims shall remain fully effective, valid and applicable to all their extent.
General Provisions
These terms and conditions constitute the entire legal agreement between you and Moeller and are considered accepted as from the moment you access and/or use the web page or any of its services. Your access to and/or use of the web site once these terms and conditions have been modified will be construed as your acceptance of the amended terms.
If Moeller exercises no right or fails to require the enforcement of a provision, such omission or failure shall not be interpreted as a waiver to do that in the future, nor as a waiver of the right to which Moeller is entitled.
Note
In case of doubts regarding use of personal data or this terms of use, please contact Moeller. We will respond you soon in order to answer any questions you may have.
Without prejudice to the reasonable measures we take in order to protect confidentiality of the information, material and data supplied by you, as well as those we may send to you, Moeller will not be liable for any damages, either direct, indirect, punishable, immediate, mediate, incidental punitive or of any kind, that you or any person may suffer as a result of disclosure of the information supplied by you, nor for disclosure of you username and/or password, as the case may be.