Before navigating the site of BACS Banco de Crédito y Securitización S.A. (hereinafter, the “Bank”), registered under the domains www.bacs.com.ar (hereinafter, the “Site”), we request that you read this legal notice making it clear that the navigation through any of the different pages that make up the Site shall imply the full acceptance of these “Conditions of Use”, taking for granted that You have accessed and read the content of all the tabs available in the Site containing conditions, explanations and/or clarifications for Users (including these “Conditions of Use”). The expression “User/s” (whether used in the singular or plural form) identifies all the persons accessing the Site.
Prior Clarification
Applicable Law. Jurisdiction. Whether the Site is accessed from the Argentine Republic or from any other country, Users agree that these “General Conditions” are governed and construed according to the laws and regulations of the Argentine Republic, and any dispute arising in connection with the content, construction, enforcement and/or termination of these “General Conditions”, out of the rest of the content of the Site and/or the reports or transactions that Users send or make available through the Site, shall be solved by the Ordinary Courts of the Federal Capital of the Argentine Republic. Limitation of Contents and Transactions. The Site is administered by the Head Office of the Bank in the Autonomous City of Buenos Aires, reason why its contents may not be totally appropriate for the Provinces of the Argentine Republic and/or any other country from which it is accessed. Notwithstanding the Site may be accessed and navigated from any other country, by reason of the legal and regulatory provisions in force in the Argentine Republic, the offered loans secured by mortgages are only available for the purchase, building and/or refurbishment of real property located in the Argentine Republic, and for Argentine citizens or Argentine residents capable of undertaking obligations in accordance with the terms of the Argentine Laws. Information Security. The information that Users enter on-line shall be treated with a “SSL” asymmetric encrypted technology for its safe transportation through Internet. Links. Since the Site has, among its diverse functions, links to other Internet sites which are not owned by the Bank, the Bank undertakes no liability for the contents and handling of Users’ information, proper to such Internet sites. Cookies. Automatically, after the corresponding option has been accepted, the Site shall transfer to the Users the recognition software aimed at identifying and keeping available in the access computer the relevant data of the Users in order to (i) facilitate and speed up subsequent access to the Site avoiding the unnecessary repetition of data and (ii) particularize the appearance and content of the Site for Users’ convenience. Notwithstanding the use of cookies is optional to Users, the Bank cannot guarantee that there will not be any absolutely involuntary access and usage problems if this device is disposed of.
Users’ Rights and Duties
The User may navigate and visualize the Site with no restrictions, as many times as he wishes and with no cost, except for the pages designed for Brokers and Clients the access of which is limited to its holder, by using a password. He may also print the several contents of the Site, for his own use exclusively and reproducing, in all cases, the notices “Registered Trademark” and “Author’s Rights” included in such contents. Users may not (i) in any manner whatsoever alter or modify the Site, its appearance, content and/or functions; (ii) show it to third parties, reproduce it or, in any manner, use it for commercial or public purposes, whether printing or reproducing its contents and/or linking themselves (or linking) to the Site (by means of non-authorized links, framing and/or banners, meta-tags and/or any other linking form or technique that the Bank does not authorize) with other Internet sites and/or any other local or remote computerized network, whether public or private, without the prior authorization of the Bank in writing. Without prejudice to the obligation to pay the damages that the potential lack of compliance with the provisions regarding “Trademarks”, “Author’s Rights” and other regulations protecting Proprietorship Rights of the Bank, may have caused to it, it is set forth that any lack of compliance by Users with such rules and/or these “Conditions of Use” shall imply the immediate revocation of the authorization to access and navigate the Site, without need of prior notice. In this respect, Users agree to being denied access to the Site in the face of the mere suspicion of the Bank that such violations may have taken place, the Users’ undertaking to return and/or destroy the material obtained from the Site with illegitimate purposes. Furthermore, Users irrevocably authorize the Bank to apply to them the informatics security measures which are usual in such cases.
Banks’ Rights and Duties
Information about Users: Users irrevocably authorize the Bank to request the Central Bank of the Argentine Republic and/or the business reports companies which operate in the banking market, information verifiers, appraisers, insurers and/or other third parties, commercial reports about Users, its Co-debtors and/or Guarantors. Furthermore, they irrevocably authorize the Bank to supply the Central Bank of the Argentine Republic and/or the business reports companies mentioned above, all the information related to the loans which are potentially granted, including all the potential payments and/or movements, as well as their respective track records, so that such information may allow to assess whether a person is eligible for other loans granted by the Bank and/or other entities. Finally, Users authorize the Bank itself, the Central Bank of the Argentine Republic and/or the business reports companies that may be informed by the Bank to use themselves and/or make known to third parties the referred to above data that may be required for potential loan transactions, commercial transactions, financial transactions, etc. The Bank reserves the right to modify, at any time, the content and devices available in the Site, fix rates on or, in any manner, limit the access, and even discontinue it without prior notice. The Bank does not guarantee the accuracy and validity of the information supplied in the Site, although it does undertake to make its best efforts in such respect. The information is given only for INFORMATION PURPOSES, therefore it is not binding on the Bank. The Bank reserves the right to limit, modify and/or suppress at any time and without prior notice the goods, products and/or services that may be offered and/or reported in the Sites, the aforementioned not generating any liability to the Bank. Furthermore, the Bank reserves the power to grant in every case the goods, products and/or services that may be offered and/or reported in the Site, which are subject to the contract and granting conditions established by the Bank. The content of the Site does not constitute an offer, invitation, acceptance of the request submitted by an User, advice or incitement to execute any agreement. The Bank will treat in a confidential manner the information supplied by the Users, without exceeding in any case the authorizations conferred above. Furthermore, the Bank undertakes to protect, as far as it is reasonably possible, such information from the staff and potential non-authorized third parties who may try to illegitimately have access, through Internet or any other means.
Liability Limitation
Neither the Bank nor its managers, employees, attorneys-in-fact, contractors, sub-contractors and/or any third party to whom the Bank had entrusted (or may entrust in the future) the development, implementation, updating and maintenance of the Site, shall be in any case liable for any damage or injury (including, for illustration purposes only, lost profit, lost of information, lost of chance, etc.) owing to the total or partial use, impossibility to totally or partially use or the outcome of the total or partial use of the Site and its devices.
