Identification of the provider
These Terms and Conditions (the "Terms") govern access to and use of the website https://gaucho.digital (the "Site") and the services provided by:
- Legal name: Gaucho Digital S.R.L.
- CUIT: 30-71756619-6
- Tax status: Responsable Inscripto
- Registered address: Melián 2975, Planta Baja, Ciudad Autónoma de Buenos Aires, Argentina
- Contact: administracion@gauchodigital.com.ar
For purposes of these Terms, "we", "the Agency" or "Gaucho Digital" refers to Gaucho Digital S.R.L.; and "you", "the User" or "the Client" refers to the natural or legal person accessing the Site or hiring our services.
Acceptance of the Terms
Accessing the Site and using the services implies full and unreserved acceptance of these Terms and of our Privacy Policy and Cookie Policy. If you disagree with any of these points, you should refrain from using the Site and the services.
If you act on behalf of a legal entity, you represent that you have sufficient authority to bind it under these Terms.
Services
Gaucho Digital offers digital marketing, strategy, design, web development, performance, content and communication services, delivered to clients in Argentina and in other jurisdictions.
The specific scope, deliverables, timelines, commercial terms and responsibilities of each party for a particular service will be set out in a commercial proposal, service order or specific contract signed between the parties, which shall prevail over these Terms in case of conflict.
Acceptable use
The User agrees to use the Site and the services lawfully and in good faith. In particular, the User agrees not to:
- Use the Site for fraudulent, illegal or immoral purposes.
- Infringe third-party rights, including intellectual property, honor, privacy and personal data rights.
- Introduce viruses, malicious code or any element that may alter the operation of the Site or third-party systems.
- Perform reverse engineering, massive scraping or attempt unauthorized access to restricted areas.
- Impersonate another person or entity.
Intellectual property
All Site contents —including, without limitation, texts, graphics, logos, icons, images, videos, source code and design— belong to Gaucho Digital S.R.L. or to third parties who have authorized their use, and are protected by applicable national and international intellectual property laws, including the Berne Convention and WIPO-administered treaties.
The Gaucho Digital trademark, its isotypes and logotypes are distinctive signs of the Agency. Their unauthorized use is prohibited.
As for deliverables produced for clients, ownership and licensing terms will be governed by the applicable specific contract.
Client obligations
For proper service delivery, the Client agrees to:
- Provide truthful, complete and up-to-date information.
- Provide, in a timely manner, the required accesses, materials and approvals.
- Comply with the financial obligations agreed in the applicable proposal or contract.
- Guarantee that they hold the rights to the content, trademarks and data provided for processing.
- Comply with applicable law on advertising, consumer protection and personal data protection.
Limitation of liability
The Site and its contents are provided "as is". To the maximum extent permitted by applicable law, Gaucho Digital does not guarantee:
- Uninterrupted availability of the Site or of integrated third-party services (ad platforms, hosting, analytics, etc.).
- Specific results, unless expressly agreed in a contract.
- The total absence of errors or omissions in the informational content of the Site.
Gaucho Digital will not be liable for indirect damages, lost profits, loss of opportunity, loss of data or punitive damages arising from use of the Site or the services, except in cases of proven intent or gross negligence. Total financial liability to the Client, for any cause, will not exceed the amounts actually paid for the service that gave rise to the claim in the twelve (12) months preceding the event.
Indemnity
The User will hold Gaucho Digital, its partners, directors, employees and suppliers harmless from any claim, demand, penalty or damage —including reasonable professional fees— arising from the User's breach of these Terms, applicable law or third-party rights.
Third-party links and services
The Site may contain links to websites or services operated by third parties. Gaucho Digital does not control or answer for the content, policies or practices of such third parties. Use of third-party services is governed by their own terms and policies.
Modifications
We may update these Terms at any time. Modifications take effect upon publication on the Site. We recommend reviewing this page periodically. When changes are substantial, we will communicate them through the Site or the usual channels with the Client.
Applicable law and jurisdiction
These Terms are governed by the laws of the Argentine Republic. For any dispute arising from the Site or the Terms, the parties submit to the jurisdiction of the Ordinary Courts of Ciudad Autónoma de Buenos Aires, República Argentina, expressly waiving any other jurisdiction that may apply.
Alternative dispute resolution
Before initiating any judicial action, the parties will attempt in good faith to resolve any dispute through direct negotiation for a period of no less than thirty (30) calendar days from reliable notification of the claim. When a specific contract provides for mediation or arbitration, that contract will govern.
Miscellaneous provisions
- Partial invalidity. If any provision of these Terms is declared void or unenforceable, the remaining provisions will remain fully in force.
- No waiver. The failure of Gaucho Digital to exercise a right does not imply a waiver of that right.
- Assignment. Gaucho Digital may assign its contractual position to affiliated or successor companies, giving notice to the Client.
- Language. Where translations of these Terms exist, the Spanish version shall prevail.
Contact
For questions about these Terms, you can write to administracion@gauchodigital.com.ar or by postal mail to Melián 2975, Planta Baja, Ciudad Autónoma de Buenos Aires, Argentina.