TERMS AND CONDITIONS
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
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1.1 These terms and conditions ("Terms and Conditions") are binding and mandatory. They are applied to the use of the services (the "Services") offered or made available to internet users by MARTIN CAYOL, N ° 20-29041531-5, WITH ADDRESS AT BILLINGHURST 2586, PISO 7, CIUDAD AUTÓNOMA DE BUENOS AIRES, ARGENTINA (the "Provider"), through the website www.zimbiosis.com.ar (indistinctly, "Zimbiosis" or the "System").
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1.2 The use of the Services attributes to the condition of user of the Site (the "User") and implies the express, full and unreserved acceptance of each and every one of the clauses of the Terms and Conditions in the version published by the Provider at the same time that the User uses the Services and other information provided on the Site. In case of not agreeing with the Terms and Conditions, the User must refrain from using the Services.
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1.3 The use of the Services is also subject to all the notices, regulations of use, instructions, privacy policies, additional, supplementary or specific terms and conditions, present or that in the future may be published by the Provider on the site of internet www.zimbiosis.com.ar which will be communicated in advance to the User.
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1.4 The Provider may modify the Terms and Conditions at any time by communicating such modifications in advance to the Users. New versions of the Terms and Conditions will be notified by: (i) publication of the latest updated and current version at www.zimbiosis.com/terminos-de-uso and / or (ii) by email addressed to the User with a link to www.zimbiosis.com.ar/terminos-de-uso.
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1.5 In the event that the User does not agree with the new terms and conditions communicated according to the mechanism indicated in 1.4, he may request the Provider to unsubscribe from the System, without giving rise to any penalty.
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2. REGISTRATION
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2.1 The Services that the Provider offers through Zimbiosis are of restricted access, with which only Users who register by completing all the mandatory fields of the registration form (the "Form"), with authentic data and current.
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2.2 By completing the Form, the User accepts:
1. Provide true, true, correct, updated and complete information (the "Registration Data") that will be processed and stored on servers with security systems for your protection and security.
2. Keep the Registration Data updated so that they continue to be true, true, correct, updated, and complete.
3. In the event that the User provides information that is false, incorrect, outdated or incomplete, or the Provider has a reasonable basis of suspicion that said information is false, incorrect, outdated or incomplete, the Provider will have the power to suspend or terminate the provision of the Services, as well as to reject any new or future use of the Services by said User (or only one of them).
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2.3 Once the Form is completed, the User will be informed of said acceptance and the registration of his account (the "Account"), via email, to the address entered into the System through the Form, where a link will be sent to VALIDATE YOUR ELECTRONIC MAIL (data established as your User). If the user DOES NOT validate their email within 30 days, their account may be terminated by the Provider.
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2.4 The User must have the legal capacity to contract and not be under any legal or factual impediment to contract.
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2.5 The User, once registered in Zimbiosis with his username and password, undertakes to preserve its confidentiality. Consequently, the User will be in all cases responsible for accessing the Services and the operations carried out with their Account and / or Email Address and Password.
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2.6 The User may be a natural or legal person. In the latter case, the natural person who intends to register the legal person, must include all the identifying data of the Company that he intends to register, as well as the person (s) authorized to use Zimbiosis on behalf of and on behalf of of the legal person.
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2.7 The User undertakes to indemnify and hold harmless the Provider and / or the other Users, Suppliers or third parties, for all costs, expenses, damages or losses (including legal fees) that the Provider and / or the other Users, Suppliers or Third parties may have to pay or may suffer as a direct or indirect consequence of any access to the Services and / or operations carried out with their Account and / or Email Address and Password.
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2.8 By virtue of the foregoing, the User undertakes to immediately notify the Provider of any unauthorized use or theft of their password or any other violation of security, and to provide the pertinent documented proof that is reasonably required by the Provider. Likewise, the Provider will not be responsible for any loss incurred by the User as a result of the use of the Account by a third party, whether this has happened with or without the User's knowledge. However, the User will be responsible for any loss incurred by the Provider or any third party, as a consequence of the use of the Account by a third party.
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2.9 The Provider may temporarily or permanently cancel the Accounts of those Users who violate the Terms and Conditions, and / or the Privacy Policy, and / or for any other reason that the Provider considers violating morals, good customs, good professional and / or commercial practices and / or are detrimental to the Provider or third parties. Said act may also be exercised in addition to other types of sanctions or decisions contemplated in these Terms and Conditions.
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3. USE OF THE SERVICES
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3.1 Once registered on the Site or in the App and after having validated their mail, the User may make use of the Services, according to the subscription or selected plan, consisting of:
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4. PRICE AND PAYMENT OF THE SERVICE
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4.1 The price for the use of the selected Service Plans are those current and updated prices that are reported in the System. Notwithstanding this, the prices of the different subscriptions will be informed in detail prior to contracting the Service. Prices may be modified at any time and will be communicated prior to entry into force, in accordance with the procedure mentioned in Point 1.4 and 1.5.
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4.2. Any payment made online for the Service will be through external payment gateways provided by other companies or by bank transfers, as enabled, and / or by any other means or service provided by third parties that in the future the Provider enable. The Provider is not responsible for any inconvenience, damage, loss or loss of money that may occur during the payment process, and the User must make a direct claim to the provider of the payment service used.
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4.3 The User must pay the price in the terms and in the manner detailed in the System. The delay in the payment of the price of the Services will be produced by right by the mere expiration of the term for payment without the need for judicial or extrajudicial interpellation, empowering the Provider to cancel the User's account.
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4.4 Once the Service has been paid, the Provider will issue the corresponding invoice. Said invoice, if it is electronic, will be automatically sent to the email address provided by the respective User; otherwise, it will be sent to the address reported by the User.
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4.5 In the event that the User wishes to pay the price of the Services annually, they must agree with the Provider the final amount to be paid.
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5. OBLIGATIONS AND DUTIES OF THE USER
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5.1 The User agrees to use the Services in accordance with applicable law, these Terms and Conditions and the Zimbiosis Privacy Policy. The User will refrain from using the Services for illegal purposes or effects, contrary to the provisions of these Terms and Conditions, harmful to the rights and interests of the Provider, other Users and / or third parties, or that in any way may damage, disable, overload or deteriorate the Services, or prevent the normal use or enjoyment of the Services by the Provider, the Providers, other Users and / or third parties.
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5.2 In particular, the User will refrain from performing any of the following acts:
1. Use the Services, directly or indirectly, to violate any applicable law, whatever its nature, be it provincial, municipal, national or international; morals, good manners or public order; transmit, distribute, or store any type of information, data or materials that violate provincial, municipal, national or international laws or regulations; send or transmit information whose content is, directly or indirectly, and without the following being considered a limitation, transgressive, profane, abusive, defamatory and / or fraudulent, or that reveals private or personal matters that affect any person, or any form violate the rights of others; access the Services using a false, erroneous or non-existent name, either as a natural or legal person; send or transmit any material that the User does not have the right to transmit in accordance with the laws (whether of Copyright, registered trademark, trade secret, patents, professional registrations or other property rights of third parties although not limited to it only) or pursuant to contractual or fiduciary relationships (such as nondisclosure agreements).
2. Violate or alter in any way the authentication, identity verification and security systems of the Services, networks or accounts of Users, and / or administrators and / or those responsible for the Services; This includes, and is not limited to, trying to access data not intended for the User, attempting to enter the Services or accounts without having express authorization to do so, or attempting to test or alter in any way and at any level the security of the Provider's networks, using any kind of tools that serve the same or similar purposes; attempting interruptions, variations or cuts in internet communications, such as altering information about horses, supplies, or more services (overflow or similar), carrying out computer attacks on other computers over the internet or another type of computer communications network, global, local and / or internal, among others; use any program, command or group of commands, or send messages of any kind, intended to interfere with the session established by a User at any point on the internet; carry out any type of monitoring that implies the interception of information not intended for the User; send or transmit files that contain viruses or other destructive characteristics that may adversely affect the operation of a third party computer and / or may affect the correct operation of the same and / or the Services; use any computer program (software) or other means, which is misleading, for the purpose of increasing or seeking financial or commercial advantages in favor of the User or third parties not authorized by the Provider or not provided for in these Terms and Conditions; carry out actions that restrict, deny or prevent any individual, group, entity or organization from using the Services, and the internet in general. Likewise, the use of any method or system, computer or not, by the User and / or third parties in favor of the latter for the purposes of using the Services, which are not expressly authorized by the Provider in these Terms and Conditions. and / or by other express means, it is prohibited and will be the cause of the sanctions and / or procedures that are contemplated in them, without prejudice to the legal actions that the Provider and / or its representatives and / or successors may bring for their purposes.
Reproduce, duplicate, copy, sell, resell or exploit, in whole or in part, the Service and / or its content without the express written consent of the Provider.
Its use for storing personal data is prohibited.
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LIMITATION OF LIABILITY FOR THE SERVICES
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The Provider contracts its internet access and that of its servers with a third party, provider of said service (the "Provider"). In this sense, the provision of Services by the Provider to the User, through the Provider, could suffer technical difficulties or internet failures beyond the Provider's control. Consequently, the Provider does not guarantee the availability and continuity of the operation of the Services; nor does it guarantee the usefulness of the Services for the performance of any particular activity, nor its infallibility if the Services do not work for the User due to technical failures. In any case, the Provider will only be liable for the values ​​paid by the User based on the Services not provided, these values ​​being the maximum scope for which the Provider will be liable for any breach in the provision of the Services.
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6.2 The Provider excludes any other liability for damages of any nature that may be originated directly, indirectly or remotely, due to the interruption, suspension, termination, lack of availability or continuity of the operation of the Services, due to the loss of the utility, income, gains or benefits that the User may have attributed to the Provider, to the fallibility of the Services, and in particular, although not exclusively, due to failures in access to the Services.
6.3 The Provider is not responsible for any damage, loss or loss in the User's equipment (s) and / or its authorized persons and / or third parties caused by failures in the System, server or on the internet.
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6.4 The User acknowledges and accepts that the Provider does not participate or intervene in the content published by the User in the System / Mobile App. Consequently, the User acknowledges and accepts that the content published in the System / Mobile App through his account is his property and / or has the necessary authorizations and / or licenses and / or permits and is fully adjusted. to the current applicable regulations.
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6.5 The Provider acknowledges that the data uploaded to the System by the User is the property of the account holder. Therefore, the Provider will not be responsible in any case for the veracity or ownership of the data uploaded by the User to the System. The account holder will have the power to share or stop sharing the information uploaded to Zimbiosis with other users of the System or other people who were not users. If a third party has the right to a copy of these data or documents or is the owner of them, the User must resolve said circumstance directly with the person who claims it. The User grants indemnity to the Provider for any claim that a third party may make in relation to the data uploaded to Zimbiosis by the User.
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6.6 The User is solely responsible for the use and disposition of the Data uploaded to the System. Only a court order or a reliable authorization from the User will allow the Provider to deliver the Data uploaded by the User to the System, to a person other than the User.
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6.7 The User declares and accepts that by sharing content in their account or by enabling Third Parties to use their account, other Internet users may use the Provider's Services. Consequently, the User is solely responsible for the use made of the account by the Third Parties authorized by him, authorizing the Provider to display said content on the Internet and store them in their databases, holding the Provider harmless for any claim and / or Third party damage linked by the use of such content.
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6.8 The Provider will not be obliged to make reimbursements and / or compensation for damages to the User or third parties, nor does it assume any guarantee for the information and / or obligations assumed by the User of the System.
6.9 The clinical history available in Zimbiosis of each animal is assembled from the collection of data uploaded by the User or by persons authorized by the User. Therefore, the Provider will in no case be responsible for the consequences derived from the professional decisions made in relation to the animals.
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6.10 The eventual advertising inclusion of drugs or remedies in Zimbiosis does not imply that their use is allowed or recommended in animals. Some drugs may be prohibited in certain jurisdictions or contraindicated for use under certain conditions. The use of them is under the exclusive responsibility of the person who administers them. In no case, the Provider will be responsible for the misuse of the same (dose, dosage, side effects and contraindications).
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6.11 The Provider will not be responsible for the inclusion of false information of one or more horses for sale, rent, loan or any other situation in which a third party may be harmed.
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6.12 Neither the System, nor the data uploaded to it, are substitutes for the veterinary knowledge and experience necessary for the care and treatment of animals. Drug data or any other information that the System provides is information with which the User must be familiar. The Provider will in no case be responsible for its interpretation or use that the User or persons authorized by him make of said data.
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INTELLECTUAL PROPERTY. ALL RIGHTS RESERVED
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7.1 All rights of Zimbiosis are reserved and belong to the Provider.
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7.2 The content of the System, as well as the Zimbiosis brand, the software, the Mobile App, the database and the designs in general, are the property of the Provider and are protected by current national and international legislation on intellectual property.
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7.3 The total or partial reproduction without authorization of the Provider and / or the improper and unauthorized use of the present contents, is totally prohibited.
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NOTIFICATION AND CANCELLATION OF THE ACCOUNT
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8.1 The User, in order to make notifications regarding the System or the Service, as well as to request cancellation, must write to the email support@zimbiosis.com or sofia@zimbiosis.com.
8.2 The cancellation of the Service and the account will be at no cost to the User.
8.3 The User who decides to unsubscribe from the System must make a copy of all the data uploaded to Zimbiosis on his own (before unsubscribing his user). Once the User's account is canceled without requiring a copy of the Data, the Provider will not be responsible for the loss or alteration of the data uploaded by the User to the System.
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9. JURISDICTION AND APPLICABLE LEGISLATION
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9.1 The Terms and Conditions of the System are governed by the laws in force in the Argentine Republic.
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9.2 The National Commercial Courts of the Federal Capital will be competent to understand any conflict derived from the interpretation and execution of these Terms and Conditions, the parties renouncing any other jurisdiction or jurisdiction.
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