GENERAL TERMS AND CONDITIONS
ACCEPTANCE OF TERMS AND CONDITIONS
These clauses (the “Terms and Conditions”) govern the general terms and conditions of use of the services provided through the SHARYCO application (the “Application”), owned by SHARYCO S.A., Tax ID No. 30-71726641-9 (the “Company”), with registered address at Avenida Corrientes 351, Autonomous City of Buenos Aires.
Any person (the “User” or, collectively, the “Users”) who wishes to access and/or use the SHARYCO Application may do so subject to these Terms and Conditions, together with all other policies and principles governing its use, which are incorporated herein by reference.
ANY PERSON WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE APPLICATION.
Before registering as a User of the Application, the User must read, understand, and accept all conditions set out in these Terms and Conditions and in the documents incorporated herein by reference, expressly opting to receive them and any other information through digital means and/or email.
By accepting these Terms and Conditions, you understand and agree that they are legally binding and establish and govern the contractual relationship between you and the Company.
CAPACITY
The services provided through the Application are only available to individuals with legal capacity to enter into contracts. Persons without such capacity, minors, and Users who have been temporarily suspended or permanently disabled may not use the services.
If you are registering a User on behalf of a company, you must have the authority to enter into contracts on behalf of that entity and bind it under this Agreement.
REGISTRATION
To use the services provided by the Application, Users must complete the registration form in all fields with valid information. Prospective Users must provide accurate, precise, and truthful personal information (“Personal Data”) and undertake to update such Personal Data whenever necessary.
The User expressly agrees that the Company may use various means to verify their Personal Data. The User is responsible for reviewing and keeping such information up to date. The Company is NOT responsible for the accuracy of Users’ Personal Data. Users guarantee and are responsible, in all cases, for the truthfulness, accuracy, currency, and authenticity of their Personal Data.
The User will access their personal account (the “Account”) by entering their email address and chosen personal security password (the “Security Password”). The User must keep their Security Password confidential.
The Account is personal, unique, and non-transferable. A User may not register or hold more than one Account. If the Company detects different Accounts containing matching or related information, it may cancel, suspend, or permanently disable any or all of them.
The User will be responsible for all transactions carried out through their Account, as access is restricted through the use of their Security Password, which is known exclusively to the User. The User agrees to immediately notify the Company, by appropriate and reliable means, of any unauthorized use of their Account or access by unauthorized third parties. The sale, assignment, or transfer of an Account is prohibited under any circumstances.
The Application may not be used in any manner that: (i) causes, or may cause, damage or harm to any User or to the Application’s content, or interrupts access to the Application; (ii) is fraudulent or intended to facilitate the commission of any crime or other unlawful activity; or (iii) causes annoyance, inconvenience, or distress to any third party.
The Company reserves the right to reject any registration request or cancel a previously accepted registration without being required to state the reasons for its decision and without this giving rise to any right to compensation or damages.
SERVICE PROVIDED
For the purposes of this Agreement, Users include both those who offer a product or service and those who accept a product or service. Each User acts in their own interest, on their own behalf, and at their own risk. Users are responsible for agreeing on the terms and conditions of each exchange and for fulfilling the obligations they assume.
The Company merely provides Users with a virtual space that allows them to communicate through the Internet and enables exchanges. The Company is not a party to the resulting contract, assumes no responsibility in connection with it, and does not act as a User’s representative. Users are responsible for offering their products and services and for providing assistance with User claims or any matter related to an exchange.
This Agreement does not create a partnership, agency, franchise, employment relationship, or any other legal relationship between the Company and the User. The User acknowledges and agrees that the Company is not a party to any transaction and has no control over the quality, safety, or legality of the items, services, or activities advertised; the truthfulness or accuracy of listings; or Users’ ability to offer products and services.
The Company cannot guarantee that a User will complete a transaction and cannot verify the accuracy of listings. The Company does not guarantee the truthfulness of third-party advertising displayed on the Application and will not be responsible for correspondence or contracts entered into by the User with such third parties or other Users.
LISTINGS
A) PRODUCTS AND SERVICES
A “Product” is any item offered by a User, and a “Service” is any obligation to perform an act. Once a User agrees to exchange a Product or Service listed in the Application, the User offering the Product or Service may not change the amount of Shary Points requested in exchange for it.
If the Company detects that a User has violated the obligations described above by any means, it may temporarily suspend or permanently disable that User’s Account.
B) DESCRIPTION
A Product or Service listing must contain, at a minimum, the following information:
i) TITLE OR NAME
The title or name must be representative of the Product or Service. The same User may not offer two listed products with identical titles or names.
ii) SHARY POINTS
The amount requested for a Product or Service must be expressed in Shary Points. The Application may suggest a recommended range for the number of Shary Points; however, the User is free to request the amount they choose.
Once an exchange has been accepted, the required number of Shary Points may not be changed.
iii) DESCRIPTION
The Product or Service must accurately describe its characteristics and relevant details, including the number of units, features, size, color, any damage, and any other relevant information.
Listings may include descriptive text, graphics, photographs, videos, audio, documentation, technical specifications, and other relevant content and conditions, provided that they do not violate these Terms and Conditions or other Company policies.
It is understood and presumed that the User owns the Product offered, has the intention and right to dispose of it—or is authorized to do so by its owner—and has it available for immediate delivery.
SUSPENSION OF A PRODUCT LISTING
If a product is unavailable for exchange for any reason, the User must suspend its listing until the product becomes available again. A suspended listing may be reactivated by assigning a new description, photographs, or other information.
While the product remains available, listings may be activated or deactivated at any time before the User offering the product or service has accepted the exchange.
It is expressly stated that exchanges of products and services are not purchase-and-sale transactions; therefore, consumer protection laws and regulations do not apply.
PRODUCT RESTRICTIONS
The following products may not be offered through the platform:
- Food;
- Cosmetics;
- Wine and alcoholic beverages;
- Tobacco products;
- Medicines;
- Prohibited drugs, narcotics, or controlled substances;
- Firearms or any type of device, chemical aggressor, war material, gunpowder, explosives, related items, weapons, ammunition, or materials classified for civilian use;
- Explosive, flammable, radioactive, hazardous goods, and/or waste;
- Hunting trophies, live animals, animal parts such as ivory or shark fins, animal remains, or animal by-products;
- Human remains or ashes;
- Counterfeit goods;
- Bullion of any precious metal;
- Cash or legal tender;
- Precious stones; and
- Any product whose transportation, sale, or exchange is prohibited by a regulation, law, or statute of any federal, state, or local government.
Nor may Users offer any other product whose sale or commercialization is prohibited or restricted under the laws in force in the Republic of Argentina.
PRIVACY OF INFORMATION
To use the Company’s Application, Users must provide certain Personal Data. Personal information is processed and stored on servers or magnetic media that maintain high physical and technological security and protection standards.
For further information regarding the privacy of Personal Data and the circumstances in which personal information may be disclosed, please refer to our Privacy Policy.
COPYRIGHT, INTELLECTUAL PROPERTY, DATABASE RIGHTS, TRADEMARKS, PATENTS, AND LINKS
The content displayed on the Application’s screens, as well as the programs, databases, networks, and files that allow Users to access and use their Accounts, are owned by the Company and protected by copyright, trademark, patent, industrial model, industrial design, database, and international treaty laws.
Unauthorized use or total or partial reproduction of such content is prohibited unless expressly authorized in writing by the Company.
All content hosted or made available through the Application, including text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is owned by the Company or its content providers and is protected by copyright, trademark, patent, industrial model, industrial design, database, and international treaty laws.
The compilation of all content hosted or made available through the Application is the exclusive property of the Company and is protected by the applicable laws and international treaties.
Systematic extraction or reuse of any part of the Application’s content is prohibited without our express written consent. In particular, Users may not use search tools, robots, or data extraction tools to extract or reuse substantial parts of the Application on one or more occasions without our express written consent.
Users may not create or publish their own databases containing substantial parts of the Application’s content, such as product lists, without our express written consent.
The graphics, logos, page headers, button icons, scripts, and service names included in or available through the Application are trademarks or trade dress of the Company. The Company’s trademarks and trade dress may not be used in any manner likely to cause confusion among Users or to disparage or discredit the Company. All other trademarks displayed through the Application belong to their respective owners.
Subject to your compliance with these Terms and Conditions, the Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Application for personal, non-commercial purposes.
This license does not include any right to resell or commercially use the Application or its contents; compile or use product lists, descriptions, or prices; make derivative use of the Application or its contents; download or copy account information for the benefit of another company; or use data-mining, robots, or similar extraction tools.
The Application, or any part of it, may not be reproduced, duplicated, copied, sold, resold, or exploited for commercial purposes without the Company’s prior written consent.
Users may not use framing techniques to enclose any trademark, logo, or other proprietary information of the Company, including images, text, page layouts, or forms, without prior written consent. Users may not use meta tags or other hidden text using the Company’s names or trademarks without its prior written consent.
The Application may contain links to other websites. Such links do not indicate that those sites are owned or operated by the Company. Because the Company has no control over such sites, it will NOT be responsible for their content, materials, actions, or services, or for any damages or losses arising directly or indirectly from their use.
The existence of links to other websites does not imply a partnership, relationship, approval, or endorsement by the Company of those websites or their content.
SYSTEM OR DATABASE VIOLATIONS
No action or use of any device, software, or other means intended to interfere with the Company’s activities or operations, or with the Company’s listings, descriptions, Accounts, or databases, is permitted.
Any intrusion, attempted intrusion, or activity that violates or contravenes intellectual property laws and/or the prohibitions established in this Agreement may result in the corresponding legal action and sanctions under this Agreement, and the responsible party may be required to compensate for any resulting damages.
SYSTEM FAILURES
The Company is not responsible for any damage, harm, or loss suffered by a User as a result of system, server, or Internet failures.
The Company will not be responsible for any virus that may infect the User’s equipment as a result of access to, use of, or browsing of the Application or website, or as a result of any transfer of data, files, images, text, or audio contained therein.
Users may not attribute any liability to the Company or claim payment for lost profits arising from technical difficulties or failures in systems or the Internet. The Company does not guarantee continuous or uninterrupted access to or use of the Application.
The system may occasionally be unavailable due to technical difficulties, Internet failures, or any other circumstance beyond the Company’s control. In such cases, the Company will seek to restore it as quickly as possible, without incurring any liability. The Company is not responsible for any errors or omissions contained on its website.
INDEMNITY
The User agrees to indemnify and hold harmless the Company, its affiliates, controlled and controlling companies, officers, directors, successors, administrators, representatives, and employees from and against any claim brought by other Users, third parties, or any authority in connection with the User’s activities in the Application; compliance with or breach of these Terms and Conditions or other policies; or any violation of laws or third-party rights.
For such purposes, the User authorizes the Company to intervene and represent the User in such claims and to enter into settlements it deems appropriate in the User’s name and on the User’s behalf, in order to avoid greater costs and/or potential liabilities.
PROCEDURE AND NOTICE OF RIGHTS VIOLATIONS
If a User believes that any of their rights have been violated, they may notify the Company by email at info@sharyco.com, setting out any concerns related to an alleged infringement of their rights.
Upon receipt of the email, the Company may take various actions, including removal of the information, Product, or Service in question. Such action does not constitute an admission of liability and is without prejudice to any right, action, or defense available to the Company, all of which are expressly reserved.
ADDITIONAL TERMS OF USE FOR COMPANY SOFTWARE
a) Use of Company Software
Users may use the Company Software solely to use and enjoy the Application, as permitted by these Terms and Conditions.
Users may not separate any individual components of the Company Software for use in their own programs; compile any part of it with their own programs; transfer it for use with another service; sell, rent, lease, lend, distribute, sublicense, or otherwise assign any rights in the Company Software, whether in whole or in part.
Users may not use the Company Software for unlawful purposes. The Company may terminate provision of the Company Software and deny the User the right to use it at any time.
In the event of a breach of these Terms and Conditions, the User’s rights to use the Company Software will terminate without prior notice. Additional terms contained in or distributed with the Company Software, as specified in the related documentation, may apply and will prevail in the event of a conflict with these Terms and Conditions.
All software is the property of the Company or its software content providers and is protected by international intellectual and industrial property laws.
b) Use of Third-Party Services
When using the Company Software, Users may also use one or more third-party services, such as data services from a mobile carrier or platform provider through the use of wireless networks. Use of such third-party services may be subject to additional policies, terms of use, and applicable fees.
c) Prohibition on Reverse Engineering
Users may not, nor encourage, assist, or authorize any other person to, copy, reverse engineer, decompile, disassemble, or otherwise manipulate the Company Software, in whole or in part, or create derivative works from or based on the Company Software.
d) Automatic Updates
To keep the Company Software up to date, the Company may provide occasional automatic or manual updates without prior notice.
MODIFICATION OF THE AGREEMENT
The Company may amend these Terms and Conditions at any time by publishing the amended terms on the Site. All amended terms will take effect 10 (ten) days after publication.
The Company will notify Users who have indicated, in their Account Settings, that they wish to receive notifications of changes to these Terms and Conditions. Any User who does not agree with the modifications made by the Company may request cancellation of their Account.
Use of the Site and/or its services constitutes acceptance of these Terms and Conditions.
JURISDICTION AND APPLICABLE LAW
This Agreement shall be governed in all respects by the laws in force in the Republic of Argentina.
Any dispute arising from this Agreement, including its existence, validity, interpretation, scope, or performance, shall be submitted to arbitration before the Business Center for Mediation and Arbitration, in accordance with the rules in force of that tribunal.
The seat of arbitration shall be the Autonomous City of Buenos Aires, and proceedings shall be conducted in Spanish.
REGISTERED ADDRESS
The Company’s registered address is Av. Corrientes 531, 4th Floor, Capital Federal, Postal Code 1043, Republic of Argentina.
TERMS OF USE
PROHIBITIONS
Users may not:
a) Change the number of Shary Points requested for an exchange once an interaction has been accepted;
b) List or sell items or services prohibited by these Terms and Conditions, other Company policies, or applicable laws;
c) Insult or attack other Users; or
d) Use their reputation, ratings, or comments received on the Company’s Site in any context outside the Application.
These activities will be investigated by the Company. The offending User may be sanctioned through suspension or cancellation of their listings, cancellation of their registration as a User of the Application, and/or any other measure the Company deems appropriate, without prejudice to legal action arising from potential crimes, offenses, or civil damages caused to other Users.
2. USER DISQUALIFICATION OR SUSPENSION: EFFECTS
2.1 Grounds for Disqualification or Suspension
a) DUPLICATE ACCOUNTS
Within the Application, each User is identified by their email address, and their history in the community is reflected in their reputation.
If a User registers under different identities, they may be permanently disqualified from operating on the Site.
If the User has been suspended for this reason, the User must send a copy of the identification document used to register in the Application by email, using the “Contact Customer Service” button, so that the Company can verify the User’s identity.
b) FAILURE TO HONOR A COMMITMENT
All listings in the Application are binding. Therefore, whenever a User accepts an exchange through the Application, they assume an unavoidable commitment.
If a User is found responsible on three or more occasions for failing to comply with such commitment, the Company may suspend the User from continuing to operate on the Site.
c) INAPPROPRIATE LANGUAGE
The Company’s objective is to maintain a safe and friendly community. Respect among its members is essential to its development.
For this reason, obscene, insulting, or otherwise inappropriate language is not permitted. Any User who uses inappropriate language on an item page, in questions and answers with other Users, in forums, or elsewhere may be temporarily suspended or permanently disqualified from operating on the Site. The Company may also remove the inappropriate post.
d) REPEATED USE OF PROHIBITED PRACTICES
If a User repeatedly uses prohibited listing techniques, the Company may suspend the User or permanently disqualify them from operating on the Site.
e) MINORS
As established in Section 2 of these Terms and Conditions, Users must be of legal age in order to register. Therefore, if the Company detects that an Account has been registered in the name of a minor, it will be disqualified from operating on the Site.
f) ERROR IN EMAIL ACCOUNT
When a User’s email address has problems receiving messages sent by the Company, the User’s Account may be temporarily disabled until a new email address is provided.
2.2 EFFECTS
a) SUSPENSION
Upon suspension, the User will receive a notification at the email address provided, stating the reason for and duration of the suspension.
While suspended, the User may not publish listings, carry out exchanges, participate in forums, or ask questions of other Users for the duration of the suspension.
At the same time, all of the User’s listings will be removed from the Site. They may be republished once the suspension ends by accessing “YOUR ACCOUNT” from the navigation menu.
b) DISQUALIFICATION
Upon disqualification, the User will receive a notification at the email address provided, stating the reason.
A disqualified User may not carry out any activity within the platform. At the same time, all listings offering goods or services may be removed.
3. OPINIONS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Users may post opinions and comments, publish other content, and submit communications, suggestions, ideas, comments, questions, or other information, provided that such content is not unlawful, obscene, abusive, threatening, defamatory, invasive of third-party privacy, infringing of intellectual property rights, otherwise offensive or objectionable, or composed of or containing computer viruses, political advertising, promotional content, chain letters, mass emails, or any other type of spam.
The use of false email addresses, impersonation of another person or entity, or otherwise misrepresenting the origin of any content is prohibited.
We reserve the right to remove or modify any content that does not comply with these guidelines. If any User believes that content available through the Application, or any Product or Service advertised through it, includes a defamatory statement or infringes their intellectual property rights, they may notify the Company by email at info@sharyco.com.
By posting any content or submitting any material for publication, and unless otherwise indicated, the User grants:
a) To the Company, a non-exclusive, royalty-free right that may be fully assigned and transferred to a third party to use, reproduce, modify, adapt, publish, translate, create and exploit derivative works from, distribute, and display such content worldwide through any media; and
b) To the Company, its sublicensees, and those deriving title from the Company, the right to use the name provided by the User in connection with such content, if they choose to do so.
By accepting these Terms of Use, the User agrees that the rights granted above are irrevocable for the full period of protection applicable to their intellectual property rights in the identified content and materials. The User also agrees to take any further action necessary to formalize the assignment of rights granted to the Company, including signing any instruments and documentation requested by the Company.
Users represent and warrant that they own all rights in any content they publish and further represent and warrant that, as of the date such content is submitted: (i) the content and material are accurate; and (ii) the use of such content or material will not breach any applicable Company policy or guideline or cause harm to any person or entity, including because the content or material is defamatory.
Users agree to indemnify and hold the Company harmless from any third-party claim against the Company arising out of or related to such content and materials, except to the extent that liability results from the Company’s failure to properly remove content or material after being notified, through an email sent to info@sharyco.com, that such content or material is unlawful.
EXCHANGE TERMS AND CONDITIONS
USER OBLIGATIONS
A User who wishes to exchange Shary Points for a Product or Service must select the relevant Product or Service card. The User must read the description to learn about the specific characteristics of the selected Product or Service.
If the User wishes to continue with the exchange, they must select the “Request” button. An automatic email will confirm that the Product or Service has been requested.
The User who listed the Product or Service may accept or reject the exchange. If rejecting it, they must provide reasons. The requesting User will receive an email confirming acceptance or rejection of the proposed exchange.
If the User accepts the exchange, they agree to be bound by the conditions included in the listing description. The listing will appear in the “Loans” section in the Application sidebar.
Users involved in an exchange must use the Application’s internal messaging service to ask questions and coordinate the method, costs, date, and time of delivery. The Company assumes no responsibility for the selection or hiring of shipping services that Users may agree upon.
In the case of Product exchanges, once the User receives the Product, they must:
- Select the “I received it” button;
- Upload a photograph showing how the Product was received;
- Answer yes or no to whether the Product was received in the same condition stated in the listing; and
- Answer yes or no to whether the Product was delivered on time.
To return the Product, the User must go to the “Returns” section, select the “I returned it” button, and rate the User and the Product.
The User recovering the Product they exchanged must confirm the return from the “Loans” section in the Application sidebar. To confirm the return, the User must open the card for the requested Product and select the “Confirm return” button. The User must also:
- Upload a photograph showing how the Product was returned;
- Answer yes or no to whether the Product was returned in the same condition stated in the listing;
- Answer yes or no to whether the Product was returned on time; and
- Rate the User.
In the case of Services, once the User receives the Service, they must:
- Select the “I have received the service” or “I have received the Favor” button;
- Answer yes or no to whether the User performed the Favor correctly;
- Answer yes or no to whether the Service or Favor was provided on time; and
- Rate the User and the Service or Favor.
The User who provided the Service or Favor must rate the User who received it.
Users may cancel the exchange at any time before the Product has been delivered or the Service has been provided.
Because the Company merely provides Users with a virtual space that allows them to communicate through the Internet in order to find ways to exchange Products and Services, the Company does not participate in the negotiation process or formation of the final agreement between Users. Therefore, the Company is not responsible for the actual performance of obligations established by applicable law.
2. PRODUCT INFORMATION
Although the Company uses its best efforts to ensure that information displayed in the Application is accurate, Product packaging and materials may sometimes contain additional or different information from that displayed in the Application. Components may also change.
Accordingly, Users are advised not to rely solely on information available on the website and, before using a Product, to carefully read the labels, warnings, and instructions accompanying it.
3. OUR LIABILITY
The Company makes no representation or warranty regarding Products or Services exchanged through the Application.
Furthermore, the Company makes no representation or warranty regarding the completeness, reliability, timeliness, quality, suitability, or availability of exchanged Products or Services or logistics services hired by Users.
4. MODIFICATION OF THE EXCHANGE TERMS AND CONDITIONS
The Company reserves the right to make changes to the website, its policies, and its terms and conditions, including these Exchange Terms and Conditions, at any time.
Users will be subject to the terms and conditions, policies, and Exchange Terms and Conditions in force at the time they submit their request, unless a change to such terms and conditions, policies, or Exchange Terms and Conditions is required by law or by public authorities. In that case, such changes may apply to requests previously submitted by the User.
If any of these conditions is declared invalid, void, or ineffective for any reason, that condition will be deemed excluded, without affecting the validity or enforceability of the remaining conditions.