The General Terms and Conditions that are to regulate the use of this Internet page and the services offered by “TESLER PROPIEDADES (herein after “Tesler”) within the web www.teslerpropiedades.com (herein after “the Web Site”) are the following:
The persons who want to use this Web site shall have to abide by these Terms and Conditions.
IF THESE Terms and Conditions, that are OBLIGATORY AND BINDINDING, ARE NOT REASONABLE FOR YOU, DO NOT USE THIS WEB SITE.
TESLER PROPIEDADES, the owner of this Web Site, keeps for itself the right to modify these services, these Terms and Conditions and the rules that support them, without any previous notice. It is the responsibility of the site Users to consult and/inform themselves periodically about the new Terms and Conditions, published in this Web Site.
The use of this Web Site by the users shall imply the automatic acceptance of these Terms and Conditions and Privacy Policies.
1. PURPOSE
Through this Web Site, “Tesler Propiedades” provides access to information contents related to the availability of real property to be marketed for its sale or rent. In no case shall such contents be interpreted as an offer, but instead as a mere invitation to offer under the terms of Section 973 of the National Civil and Commercial Code.
“Tesler” acts in its capacity as a real property intermediary, with a public auctioneer´s license and in complete agreement with the regulation in force on that matter.
The information contained about the real property published in the site is general and to be taken as a published guidance. Therefore, Tesler is not to be held liable for the differences that may exit between the information published and the real one, nor for its truthfulness, accuracy, quality and correctness as long as such information has been supplied by the owner of each one of the pieces of real property, and “Tesler” fulfilling its due diligence.
2. REAL PROPERTY POSTING
“Tesler” offers the renting or the selling of real property belonging to third parties to the public at large through its web site, the sale authorization of which have been given them due to their capacity as brokers. The offers may be described and include texts, charts, photos and other elements and conditions for the transaction. The property market value may be specified or not.
3. CONTRACTING CAPACITY
This Web Site and its Services are only available for persons who are legally capable of contracting under the laws of the Argentine Republic. These Terms and Conditions do not imply any partnership agreement, agency, franchise or any other relationship whatsoever between Tesler and the User, who acknowledges and accepts that Tesler is not a party in any operation.
4. CONDITIONS OF ACCESS AND USE OF THE WEB SITE
4.1. If you use any of the Services of the Web Site you become a User.
4.2. Access and use of the Web Site does not require the Users´ previous subscription.
4.3. The use of the Web Site and its Services by the User:
* Accepts that the use of the Services of the Web Site is exclusively his risk.
* He commits himself to use the Web Site, its contents and Services, abiding by the law, the public order and these Terms and Conditions. He commits himself to the suitable use of the Services and/or its contents and not to use them for unlawful/or illegal activities that may impair third parties´ Rights and/or may infringe the regulation on intellectual and industrial property or any other rules of law in force.
* He commits himself not to transmit, introduce, spread and make available to third parties, any type of material and information (contained data, messages, drawings, sound and image files, photographs, software, etc.) contrary to the law, the public order and/or these Terms and Conditions.
4.4. “Tesler”, on its part, commits itself not to enter, spread, nor make information available to third parties in the Web Site the following:
a) Racist, xenophobic, pornographic, terrorist propaganda or a threat to human rights.
b) Harmful viruses or software.
c) Illegal or unfair publicity.
d) Publicity not requested nor authorized, “junk mail”, “chain letters”, Pyramidal structures”, or any other solicitation, except in areas (such as commercial spaces) conceived for that.
e) Contents:
– false, ambiguous, untimely or inexact that may lead to error or mistake
– contrary to honor, intimacy or that damages somebody´s image.
– in violation to intellectual or industrial property, patents, trademarks or copyright.
– in violation of the secret of communication and the legislation of personal data.
f) Send Spam, nor offer, publish or create third parties´ databases.
5. INTELLECTUAL PROPERTY
The User acknowledges that:
– He shall use the materials, elements and information that he has access to through the Web Site and its Services only for personal use. He shall not carry out any commercial exploration neither of the services nor of the materials, elements and information therein obtained.
– The elements of the Web Site and its Services, the information and materials are protected by the intellectual and industrial property of “Tesler” and/or third proprietors and/or owners of the information provided.
The User must refrain himself from:
-Reproduce, transform, modify, disassemble, distribute, make information available to third parties by any means, nor form of Communications, except when authorized by “Tesler” or by the rightholders.
-Use texts, images, videos, adverts nor any other elements from the Web Site for their total or partial inclusion in other webs for their total or partial inclusion in other webs and/or articles and/or advertisements without “Tesler´s” written authorization.
-Circumvent or manipulate technical devices set forth by “Tesler”, in the Web Site or its Services in any of the materials, elements or information therein obtained, for the protection of its rights.
“Tesler” does not grant any authorization of use or licenses on its intellectual / industrial proprietary rights, nor on any other property or right over the Web Site, the Services or its contents.
6. QUALITY OF THE GOODS PROMOTED.
All the information and marketing pattern with respect to the real property offered in the Web Site is provided by the real property owners and it is their exclusive responsibility.
The Web Site does not pretend to contain a complete list of all the market property and “Tesler” does not assure that there are no others, including more convenient ones.
“Tesler” does not suggest that the information on the Web Site is not subjected to the independent investigation of the interested party. “Tesler” does not assume any responsibility for the incorrect, false or outdated information as long as it has acted with due diligence in the obtainment of the information from the real property owners. “Tesler” is not the owner of the property published in the Web Site and therefore does not give any guarantee in any aspect.
7. EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
These declarations are not merely declarative and not limitative.
7.1. For the website and services functionality
“Tesler” does not give any guarantee of the following for the operation of the Web Site:
7.1.1 The availability and continuity of the Web Site and its Services.
7.1.2 The usefulness of the Web Site and its Services.
7.1.3 The privacy and security of the Web Site and its Services.
7.2. As regards the “Contents” of the Web Site,
“Tesler” does not control nor guarantee:
7.2.1. The absence of virus in the Web Site that may alter the computerized system or the documents and files stored:
7.2.2. The veracity or truthfulness, accuracy, validity and authenticity of the Contents.
7.2.3. The usefulness, legality and reliability of the Contents.
7.2.4. “Tesler” excludes any liability in the face of loss and/or damage for the transmission, spread, storing, availability, reception, obtainment or access to the Contents or those that may arise due to:
- The non-observance or breach of the law or public order:
- Infringement to intellectual and/or industrial property of entrepreneurial or business secrets, contractual commitments, rights of honor, the right to intimacy and to one´s image, proprietary Rights and Rights of all nature belonging to a third party;
- Acts of unfair competition and/or illegal advertising;
- The non-fulfillment, delay, faulty fulfillment or termination of the obligations contracted with third parties;
- The flaws and defects of any type of the Contents accessed through the Web Site or its Services
7.3. By the use of the Web Site, its Services and Contents made by Users.
“Tesler” shall not be liable or responsible for:
7.3.1. The contents, information or statements made by Users, third parties or entities communicated through the Web Site.
7.3.2. The damages caused by the inaccuracy, lack of veracity, effectiveness and authenticity of the identity or information provided by Users.
7.3.3. Damages to third parties by the use of the Services and Web Site Contents.
7.3.4. Damages derived from infringements of any User that may affect the rights of another User, or third parties, including copyrights, trademarks, patents, confidential information and any other intellectual or industrial property right.
8. INDEMNITIES
The user accepts to defend, indemnify and hold Tesler, its directors, employees and representatives harmless from and against any charge, action or claim, even reasonable legal expenses resulting from the misuse of the Web Site or the violation of these Terms and Conditions. Tesler shall notify any claim, action or process and shall help him, at its expense, in his defense against any claim, action or process of this nature.
9. UNAUTHORIZED ASSIGNMENT OR COMMERCIAL USE.
The User accepts not to assign any rights or obligations under these Terms and Conditions and he shall not make any unauthorized commercial use of the Web Site. He commits himself to use the Web Site, its Contents and Services in a correct and diligent way, abiding by the law and these Terms and Conditions.
10. DOMICILE
Every notice must be carried out pursuant to these Terms and Conditions, and must be made in writing.
* To the User: at the email entered by him or if this were not possible to his legal domicile;
* To Tesler XXXXXXXXX
11. APPLICABLE LAW AND JURISDICTION.
“Tesler” and the User, waiving any other venue and jurisdiction, submit themselves to the Courts in Commercial Matters to the Self-Governed City of Buenos Aires in case of any controversy or litigation derived from the rendering of the services that constitute the purpose of these Terms and Conditions.
These Terms and Conditions shall be ruled by the acts of the Argentine Republic.
Privacy Policy
The purpose of this Privacy Policy is to inform how this data provided to the Web Site are used. This Privacy Policy is addressed to all the “Users” (herein all the natural or legal persons) that have access to the Web Site or the information of which has been published because they are the owners of the property offered.
1. GENERAL ASPECTS.
The Web Site is operated by “Tesler”, as it has been stated: “Tesler” commits itself to project Web Site Users´ privacy, to offer a safe experience and with guarantees.
“Tesler” has adopted the security and protective measures that the law requires and has installed the means within its reach to avoid the loss, alteration, unauthorized access and the theft of the Data provided. Nevertheless, the User must become aware that security on the Internet is not infallible:
Any link, that were facilitated to another site, on which “Tesler” has no control, nor over which is not responsible for its privacy policies, must be checked by each user and become acquainted about the use that other web sites may make of its data, liberating “Tesler” of every liability for its availability and/or use.
2. MINORS
“Tesler” is not to be used by people under 18.
3. OBTAINMENT AND RETENTION OF INFORMATION.
The User is not supposed to reveal personal information to carry out the searching in the Web Site.
In some areas of the Web Site, “Tesler” may request personal data (name, e-mail, telephone, etc.). Furthermore, “Tesler” may obtain personal information such as which pages he goes to and which services he uses; or information of Computers such as IP, browser type, domain names, access hours and references to web sites; information that is not bound to personal data.
4. ISCLOSURE OF DATA TO THIRD PARTIES:
Tesler does not reveal Users´ data to third parties, except in the following assumptions:
1. If there is a consent. If a User intends to communicate with the seller/lessor, once the Agreement Form has been completed.
2. To people employed to perform functions on behalf of Tesler. These people shall have access to its data to the necessary extent for their functions, but they shall not share them. Tesler shall retain control of the information shared and shall be responsible for it.
3. Tesler shall be able to reveal this information to Justice, if it were requested by an official entity or: (I) for legal requirements or processes; (II) to protect the rights and assets of Tesler and/or its directors, representatives, attorneys and employees; (III) to prevent a crime, or (IV) to protect the Users´ safety.
5. SECURITY
In spite of the fact that Internet is an open system and it is not possible to guarantee that unauthorized persons may take the personal data or break restrain or security measures, “Tesler” has implemented them to ensure the information (with encrypted data) in the face of losses or unauthorized access.
6. POLICY CHANGES
Tesler may modify this Privacy Policy without giving any previous notice to Users who are to check these rules periodically. The User assumes the obligation to enter periodically in the “Privacy Policy” tab to be informed of the possible changes. The use of the Web Site shall imply the acceptance of the “Privacy Policy” in force.