General Terms and Conditions of Use
Company publishing the Website: Total Austral S.A. Sucursal Argentina
Head office: Total SA
Company type: Branch of foreign stock company
Registered capital: n/a (branch). Registered with the Public Registry of Commerce of Argentina on October 24, 1978, under Number 138, Volume 50 Book B of Foreign Companies Bylaws
Taxpayer’s Identification Nº: 30-56971934-4
Phone: (5411) 4346-6400
Publication Director: Dominique Marion
Technical design, hosting and development of the Website: Total Austral SA Sucursal Argentina, Argentine branch of a foreign stock company, whose head office is located in France, registered with the Public Registry of Commerce of the City of Buenos Aires (IGJ), under Number 138, Volume 50 book B of Foreign Company Bylaws
Phone: +5411 4346-6400
Website production: Silvia Domínguez
MarcelSimplified stock company, registered capital of 82 990 €, whose head office is located at 133 Avenue des Champs Elysées 75008 ParisListed in the Paris Trade and Companies Register under No. 381 531 938Phone number: +33 (0)1 44 43 70 00
Production, hosting and development of the internet site:
Smile 48 rue de Villiers 92300 Levallois-PerretListed in the RCS of Nanterre : 378 615 363
Limited liability company , whose head office is located at 99 RUE DU FAUBOURG SAINT MARTIN 75010 PARISRegistered capital : 7 622 €Listed in the Paris Trade and Companies Register under No. 431 838 325Phone number: +33 (0) 01 43 38 90 20
Technical design and development of the internet site:
SMILEStock company registered capital of 814 314,88 Euros, whose head office is located 20 Rue des Jardins, 92600 Asnières-sur-Seine FranceListed in the Nanterre Trade and Companies Register under N° 378 615 363Phone: +33 1 01 41 40 11 00
Stock company registered capital of 1 035 824 Euros, whose head office is located 215 Avenue Georges Clémenceau - 92024 Nanterre - FranceListed in the Nanterre Trade and Companies Register under No. 825 400 336Phone : +33 1 41 91 77 77
The companies within the Total group have their own legal existence and independent legal status. The Company publishing this Website belongs to the Total group. “Total” and “Total group” are sometimes used in this Website for convenience where references are generally made to TOTAL S.A. (the holding company) and its subsidiaries and affiliates. Likewise, the words “we”, “us” and “our” are used to refer to the Company or any company of the Total group in general or to those who work for them. These expressions are also used where no useful purpose is served by identifying the particular company or companies. It cannot be inferred from these expressions that TOTAL S.A. or any of its subsidiaries or affiliates are involved in the business and management of any other company of Total group.
The companies within the Total group to which the company publishing the Website belongs, i.e. the subsidiaries directly or indirectly owned by the Group, have their own legal existence and independent legal status. “Total” and “Total group” are sometimes used in this Website for convenience where references are generally made to TOTAL S.A. and its subsidiaries and affiliates. Likewise, for the purposes of this Website, the words “Company”, “we”, “us” and “our” are used to refer to the company publishing the site or its directly or indirectly owned affiliates. These expressions are also used where no useful purpose is served by identifying the particular company or companies. It cannot be inferred from these expressions that TOTAL S.A. or any of its subsidiaries or affiliates are involved in the business and management of any other company of Total Group.
2. Information about Activities
The Company has published this Website to present information concerning its activities and offer information and reccomendations related to its own activities and interests. The Company may modify the information related to its activities contained in this Website at any time and without prior notice. This information is provided as general information without any guarantees that it is fit for any specific purpose.
3. Intellectual Property
3.a. All information or documents (text, animated or static images, databases, sounds, photographs, know-how or cited products) stored in the Website as well as all elements created for the Website and its general structure are either the property of, or are subject to rights of use, duplication or representation granted to, the Company or its directly or indirectly owned affiliates . This information, documents and items are subject to laws protecting copyright insofar as they have been made available to the public via this Website. No licence or any right other than to view the Website has been granted to any party with regard to intellectual property rights. Duplication of Website documents is authorized solely as information for personal and private usage. Any duplication or usage of copies made for other purposes is formally prohibited and subject to prior and formal authorization by the Company. In all cases, authorized duplication of information stored in this Website must cite the source and make adequate references as to proprietary.
3.b. Distinguishing marks: Unless otherwise stipulated, company names, logotypes, products and brands quoted on the Website are the property of the Company and may not be used without the prior written authorization from the Company.
3.c. Databases. The Company is the owner of any databases made available in the Website. The extraction or reuse of a substantial or quantitative portion of the databases, incluiding for private purposes, is not permitted.
4. User’s Undertakings
4.b. Each Website visitor also certifies that he or she complies with these measures and current laws, and in particular:
- Has the ability and means required to access the Website and use it.
- Has verified that the IT configuration used does not contain any virus and that it is in full working order.
- Grants the Company and partners, where applicable, a right to use the information provided (other than personal data).
- Must keep confidentiality and is consequently liable for the use and security of access codes and passwords that the Company may send them to access specific sections. The Company reserves the right to suspend access to the Website in the event of fraudulent use or intended fraudulent use of said access.
5.a. Activation of links. The Company formally declines any liability as to the content of websites to which it provides links. Said links are offered to users of this Website as a service. Please consult the general terms and conditions and the personal data protection policy of those websites in order to understand their practise. The decision to use links is made solely by the Website users. We may modify or delete a link on this Website at any moment.
5.b. Link Authorization. If you wish to create a hypertext link to this Website, to you must obtain prior written authorization from the Company using the contact details provided at the end of this document.
6. Formal Notice
6.a. The information and recommendations (hereinafter the “Information”) available on this www (World Wide Web) server is provided in good faith.
This information is considered correct when it is published on the Website. However, the Company neigher represents nor guarantees that the Information is comprehensive or accurate. You bear all the risks arising from your reliance on the Information. The Information is provided on the condition that you or any other person receiving it can determine its interest for a specific purpose before use. Under no circumstances will the Company accept liability for injury arising from reliance on said information, its use or use of a producit to which it refers.
This information shall not be deemed a recommendation to use information, products, procedures, equipment or formulae contravening a patent, copyright or registered trade mark.
The Company (publishing this Website and its directly and indirectly owned affiliates) categorically rejects any interpretation which may assimilate the content of its websites to purchase offers or solicitation to purchase shares or other listed or unlisted negotiable securities.
No explicit or implicit guarantee is given regarding the commercial nature of the information provided or its suitability for a given purpose as well as the products to which said information refers to.
Under no circumstances does the Company undertake to update or correct the Information disseminated on the Internet or on its web servers. Similarly, the Company reserves the right to amend or correct the content of its website at any time without prior notice.
6.b. The documents presented in this Website may contain looking-forward statements concerning the financial position, operating results, activities and industrial strategy of the Company. In particular, the use of words such as “plans” and “anticipates” and other similar expression regarding the goals of the Company Management, production estimates and objectives and trends related to operating results are estimates. Said estimates are based on assumptions which may not be accurate and depend on risk factors such as exchange fluctuations, the price of oil derivatives, the ability to realize cost reduction without dirsupting business operations, environmental regulatory considerations and economic and business conditions.
The Company (publishing the Website and its directly and indirectly owned affiliates) assumes no obligation to update or review any forward looking statements, particularly if they arise from more recent information or further or other facts. Any additional information relative to any fact which may affect the Group’s financial results may be obtained from the documents furnished with market regulating agencies in France (AMF) and the USA (SEC).
6.c. The Company does not guarantee that the Website will operate without interruption or that the servers ensuring access to it operate and/or the third party sites to which hiperlinks refer do not contain viruses.
7. General Disclaimer
7.a. The Company makes no express or implied representations or warranties on the operation of the Website or the information, content, software, materials or products included herein, to the extent permitted by applicable law. Likewise, the Company is released from making express or implied warranties, including, without limitation, implied warranties of suitability for a specific purpose. The Company shall not be liable for any damages arising from the use of this Website, including, without limitation, direct or consequential damages.
7.b. The Company shall not be liable for direct or consequential damages arising from the disruption of Service by the Website or from continuity thereof. Likewise, the Company shall not be liable for any mistakes or security deficiencies arising from the use, by the user, of a brower that is not updated or safe, or from the activation of user key conservation devices or damages, mistakes or inaccuracies arising from the improper operation thereof.
7.c. The Company shall not be liable for the lawfulness, content and quality of third party products and services offered and/or marketed through the Website.
7.d. The Company makes no express or implied warranties regarding the information disseminated, disclosed, published or stored in the Website, or for the use made by users, its employees or third parties of said information. Likewise, the Company shall not be liable for the inability or phishing by a user.
7.e. The Company shall only be liable for damages directly caused by it, provided that said damages shall not include damages for loss of profits.
7.f. Users shall be liable for direct or consequential damages sustained by the Company as a result of any violation by the user of these General Terms and Conditions.
8. Update of Terms and Conditions of Use of the Website
The Company may update the General Terms and Conditions of Use of the Website at any time. Therefore, we recommend that you review its latest version from time to time.
9. Force Majeure
For the purposes of these General Terms and Conditions of Use, force majeure shall mean, without limitation: (i) any unforeseen event or any event which, even if foreseen, may not be avoided; (ii) failure to access web sites; (iii) electric power or telephone failure; (iv) third party damage or attacks to the Website server (virus) affecting the quality of services which are not attributable to the Company or the user; (v) failure in transmission, dissemination, storage or provision to third parties of Website data bases or other content and (vi) problems or errors in third party access to the Website.
10. Suspension of Access to Website
10.1. The Company shall do its best efforts to keep access to the Website available at all times. However, the Company may decide to carry out tests, controls or maintenance operations at any time, irrespective of the procedures and means used to carry them out. The Company shall, as far as possible, post a Notice in the Website to inform Users of any such maintenance operation or other activity that might affect the Website.
10.2. The Company reserves the right to modify the transmission or follow up capabilities or other technical means or services used for access or use of the Website.
The Website may terminate the General Terms and Conditions of Use without prior notice to users if: (i) user has carried out any illegal activity through the Website; (ii) user did not comply with any of its basic obligations under these General Terms and Conditions of Use, mainly in case of undue access code use, and in case of (iii) violation or challenge of intellectual and industrial property rights of the Website, without prejudice to any legal remedies the Website may avail itself of in defense of its interests.
If any provision of this Website is found to be invalid in whole or in part, the invalidity of such provision shall not affect the validity of the remaining provisions of the General Terms and Conditions, which shall remain in full force and effect, and such invalid provision or a part thereof shall be deemed as inexistent, except to the extent that said provision were key to the General Terms and Conditions and its invalidity might affect the validity of all the General Terms and Conditions.
13. Governing Law and Jurisdiction
13.a. These General Terms and Conditions of Use of Website shall be governed by and construed according to the laws of Argentina.
13.b. By using the Website, user expressly accepts that any dispute in connection therewith shall be submitted to the exclusive jurisdiction of the Ordinary Courts of the City of Buenos Aires, to the exclusion of any other court by reason of nationality or domicile.
Failure or delay by the Company in enforcement of the General Terms and Conditions of Use shall not constitute a waiver of said rights.
Should any part of these General Terms and Conditions of Use be declared null, illegal or not enforceable by any court or other agency with competent jurisdiction, said provisions shall be separated from these General Terms and Conditions of Use, which shall remain in full force and effect and shall continue to be enforceable to the maximum extent permitted by law, except to the extent that said invalid provision were key to the General Terms and Conditions of Use and its invalidity might affect the validity of all the General Terms and Conditions of Use.
14. Contact data
Total Austral S.A.
Moreno 877 – piso 20
C1091AAQ - Ciudad Autónoma de Buenos Aires
15. Photo Credits
Florian von der Fecht, Pablo Sujowzky, Diego Ortega, Pablo Lanciotti, Alexandre Guillaumot, DPPI, Universidad Tecnológica de Buenos Aires, Universidad Nacional del Comahue.