General conditions for the 'Give Fiabee as a Gift' campaign
Important: the following is a translation of the legal text, and is intended only for clients' information. The legally binding terms and conditions are those written in Spanish.
These general conditions regulate the 'Give Fiabee as a Gift' campaign to send a card to the client on receipt of the address and details. The client will not pay any money for the service as the aforementioned campaign only covers the sending of said document, and in no way represents an obligation to provide a service to make a back-up copy, or any other service except that expressed.
Tuso Technologies S.L., is a company with registered offices at C / Puig i Cadafalch 26, 08172 Sant Cugat del Valles, Barcelona, established for an indefinite period as registered in the Registro Mercantil de Barcelona (Barcelona Commercial Register), in volume 40783, sheet 121, page B 375003, inscription 1 with fiscal identification number B - 64956428. Tuso Technologies S.L. is the owner and sole distributor of the brand FIABEE.
Hereafter the company providing the services will be referred to as 'Fiabee'.
1. Acceptance of the conditions of the 'Give Fiabee as a Gift' communication campaign
1.1 Activaction
Pressing the send button of the application for the 'Give Fiabee as a Gift' campaign ('Give Fiabee as a Gift' button) attributes the condition of 'Client' of the campaign and expresses the complete acceptance, without reservations, of the Conditions of the 'Give Fiabee as a Gift' campaign, according to the version Fiabee provides electronically before applying for the 'Give Fiabee as a Gift' campaign. The latest version of the Conditions of the 'Give Fiabee as a Gift' campaign can be found at www.fiabee.com.
Before applying for the communication campaign, carefully read the Conditions of the 'Give Fiabee as a Gift' campaign, which regulate the provision of same and include its characteristics. For any additional information or clarifications concerning the Conditions of the 'Give Fiabee as a Gift' campaign, contact our Customer Services by email to info@fiabee.com.
1.2 Alterations
Fiabee reserves the right to unilaterally alter or substitute the present Conditions of the 'Give Fiabee as a Gift' communication campaign in the event of new economic and/or marketing circumstances which necessitate the amendment, evolution and enactment of laws, regulations and rules applying to the provision of the Service and/or aspects connected to them.
In all the unforeseen events in the previous paragraph, Fiabee will announce the existence of new Conditions of the 'Give Fiabee as a Gift' communication campaign on its webpage.
2. Object of the contract
The object of the Conditions of the 'Give Fiabee as a Gift' communication campaign is to regulate the contractual terms for the Christmas 'Give Fiabee as a Gift' campaign.
3. The 'Give Fiabee as a Gift' Campaign
3.1 Description
The 'Give Fiabee as a Gift' campaign intends to inform a limited number of potential clients about the Service Fiabee offers to create security copies in servers located elsewhere, together with the rest of the services offered by FIABEE, the launch of which is planned for April 2009, although this approximate date does not represent any obligation on the part of FIABEE to potential clients who have participated in the aforementioned publicity campaign.
For this campaign the client must provide the postal address to which the aforementioned card should be sent, and their own email address to which confirmation of the activation of the Service can be sent.
3.2 Sending and Receipt of the 'Valid for . . .' Cards and Provision of the Service
Fiabee will send the 'valid for 12 months' Fiabee card to the address provided, by ordinary post within a reasonable time, delivery times being subject to the availability of cards in stock and the postal service in each country from which deliveries are sent and to which they are made respectively.
Fiabee reserves the right not to send the aforementioned card to addresses considered to be incomplete or belonging to, among others, public persons, national or international, or in any case considered to be bad use of the Service.
The dispatch of the communication campaign card by Fiabee, and its receipt by the client, does not involve any obligation to either party for either payment for or provision of the Service. The estimated date for the launch is planned for the end of the first quarter of 2009, although this date is not binding in any way and could be changed without previous notification by Fiabee and without the need to inform potential clients either individually or generally.
3.3 Customer Services
Customer Services for the 'Give Fiabee as a Gift' campaign will be carried out by email to info@fiabee.com.
4. 'Give Fiabee as a Gift' Communication Campaign
4.1 Subjective Requirements
The communication campaign is directed at individuals, companies and professionals who value the integrity of and easy access to their most sensitive information. It is available to individuals who are of age, or legal entities.
4.2 Data for the Application
The applicant is responsible for ensuring that the information incorporated in the 'Give Fiabee as a Gift' campaign and that relating to the registration process is accurate, exact and complete. In the event of providing information for third parties, the applicant is solely responsible for obtaining the permission of said persons before introducing the information into the Fiabee system.
4.3 Refusal
Fiabee reserves the right to accept or refuse any application for the 'Give Fiabee as a Gift' campaign if: (a) it is proved that the information provided is not true and/or not exact; (b) it is considered that the application presented: (i) does not meet the terms outlined in the Conditions of the 'Give Fiabee as a Gift' campaign and/or (ii) it damages or could damage Fiabee's corporative image, or goes against the aims of the same; (iii) Fiabee has reservations about the truth of the information provided.
4.4 Acceptance
It will be understood that an application for the 'Give Fiabee as a Gift' campaign has been accepted when the applicant receives confirmation of acceptance from Fiabee, sent to the email the applicant provided, within 48 to 72 hours after submitting the application. Those whose applications have been rejected by Fiabee will not receive any message.
5.- Alterations to the 'Give Fiabee as a Gift' Campaign
Fiabee reserves the right to alter, unilaterally and without previous notification, the terms and conditions of the 'Give Fiabee as a Gift' campaign as a result of: (a) technological changes in the market; (b) any technical, functional and operative developments which enable us to improve the Service provided; (c) new economic and/or business circumstances which make it advisable or (d) the development of laws, rules or regulations applying to the provision of the Service and/or aspects connected to it.
In any of the unforeseen cases listed above, Fiabee will communicate the changes on their webpage.
6. Consideration
6.1 Price of the 'Give Fiabee as a Gift' Campaign
The 'Give Fiabee as a Gift' campaign is a communication campaign with the sole objective of making the Service and its characteristics known, and so it is free. Consequently Fiabee has no obligation, under the present communication campaign, to provide the user with the Service following the launch of same. Following the launch Fiabee will decide, and communicate on its webpage, the amount it considers adequate for the effective provision of the services described, which will be governed by particular conditions that differ from those currently available.
6.2 Penalization
No penalization is envisaged for the failure or delay in delivery of the 'Give Fiabee as a Gift' card described in the campaign.
7. Duration and termination
7.1 Period of validity
The relationship established between the user and Fiabee by the 'Give Fiabee as a Gift' campaign will end either on the date of the launch of the back-up copy service, or once payment has been made by the user for provision of the same.
In the event that Fiabee postpones the launch of the product, the dates of the aforementioned campaign will be extended accordingly. The new dates will be published on the webpage www.fiabee.com
8. Responsibility
8.1 Third parties
The client is solely responsible in the face of any reclamation or legal action, judicial or extra-judicial, initiated by third parties against either the client or Fiabee, relating to the infraction of third parties' rights and/or the applicable rules deriving from the illicit use of business promotions or of personal information, with the client assuming all expenses, costs and compensation payments caused to Fiabee as a result of such reclamations or legal action. This is applicable even if Fiabee was previously advised at the beginning of the 'Give Fiabee as a Gift' campaign.
Except in the event of fraudulent acts, Fiabee will, in no circumstances, be responsible for damages, loss of business, income or profits, consequential damage, lost profits, deterioration or destruction of information which could be derived from the 'Give Fiabee as a Gift' campaign.
Fiabee is exonerated of any kind of responsibility to the Client, their clients and third parties in the event that the anomalies are the result of actions or omissions directly attributable to the Client, their clients, contractors, tenants, representatives, assignees or employees, or persons reporting to them or in their service.
9. Force Majeure
Fiabee will not be responsible for delays or faults produced in the running of the communication campaign which originate from damage caused by natural catastrophes such as earthquakes, floods, lightning strikes or fire, cases of force majeure, extreme emergency situations such as war, military operations, civil disturbances, strikes, lockouts, or circumstances beyond their reasonable control.
10. Copyright
10.1 Ownership
The Client recognises the ownership of Fiabee or of its respective legitimate owners in respect to all the rights of copyright, industrial or other similar rights over any elements, technology, IT equipment, computer programmes, data-bases, know-how, brands, logotypes, and any other element they own.
11. Information for the Application for the 'Give Fiabee as a Gift' Campaign
11.1 Personal Information
In completing the Application for the 'Give Fiabee as a Gift' campaign, the applicant might supply personal information. Fiabee guarantees that all the personal information collected in the form will be used in accordance with, and with the limitations and rights of, the Ley Orgánica 15/1999, de 13 de diciembre de Protección de Datos de Carácter Personal (Organic Law 15/1999, from December 13th, for the Protection of Personal Data).
11.2 Informed Consent
By sending the Application for the 'Give Fiabee as a Gift' campaign, the applicant and the person affected give their express consent for the information to be used by Fiabee to manage and evaluate the Application and, in the event that the Application is accepted, to manage the dispatch of communications relating to the 'Give Fiabee as a Gift' campaign, to send material relating to the communication campaign about products and services, either our own or others, and to keep a record of all the above. In the event that Fiabee rejects the Application, the personal information will immediately be eliminated from the file.
The applicant authorises Fiabee to use and electronically handle the personal information provided for the above-mentioned ends. The information can be made available to other companies related with Fiabee in order to provide, control and invoice the service.
11.3 Exercising Rights
The owner of the personal information can exercise their rights to access, amendment, opposition and cancellation of their personal information, as established by the current law regulating the protection of personal data, by contacting Tuso Technologies, S.L., in an email to datos.personales@fiabee.com.
12. Fiabee's Obligations
Fiabee, or the company contracted by them, will treat the personal data incorporated in the Client's exclusive file in accordance with the terms and conditions laid out for the provision of the Service contracted. Consequently, Fiabee promises to:
- Carry out the essential technical procedures necessary for the development of the Service contracted.
- Not apply, use or reveal personal information for any purposes other than those derived from the Contract.
- Neither communicate nor allow third parties access to the personal information, with the exception of employees who cannot carry out their jobs without access to same. These persons will be obliged to treat the information confidentially.
- Destroy or eliminate personal information stored, or any medium or documents in which it is contained, at the end of the process, or at the express, written request of the client. Fiabee guarantees that said destruction or elimination of personal information will be carried out in a period of not more than six months.
The obligations derived from the present clause will expire when the personal information has been completely deleted or eliminated from the information storage equipment or in some way destroyed or made inaccessible.
Any treatment of personal information other than that specifically derived from carrying out the Contract is expressly excluded.
12.1 Security Measures
Fiabee promises to adopt, update and maintain the organisational and technical measures deemed necessary to guarantee the security and confidentiality of personal information, preventing any alteration, loss, treatment, processing or unauthorised access. This obligation will be developed in accordance with the state of the technology, the nature of the personal information and the risks to which it is exposed, whether from human action or physical or natural forces.
The obligation considered by the present clause is limited to those tasks that, by the very nature of the communication campaign, must be carried out by Fiabee (such as the restriction of access to properties where the Personal Information File is stored). Fiabee has adopted and will adopt the organisational and technical security measures available, in accordance with current legislation and the quality standards which exist in the sector, in order to guarantee maximum security and confidentiality in communications. Fiabee accepts no responsibility for the violation of the Client's security systems or for inviolability of communications when they are transferred by any telecommunications network.
13. Collection of Information
In order to adapt and amend the Service, and to develop and offer new services to better meet your needs, Fiabee will use technological instruments or mechanisms which enable the collection of statistics. The information obtained by said mechanisms will not be associated with any personal information.
14. Notification
All notifications, requirements, agreements, consents, acceptances, approvals or communications necessary to comply with the 'Conditions of the Give Fiabee as a Gift' campaign, or those which, one way or another, relate to the same, are considered entirely effective and valid when in writing and sent to the following addresses:
* fiabee: by email to the address given by the user in the registration form for the communication campaign.
* The customer: to the email address datos.personales@fiabee.com, clearly indicating the personal information in question so that Fiabee can identify it correctly.
15. Cession
The Client cannot cede, transfer, mortgage or substitute in favour of third parties the present contractual relationship, nor the rights and obligations derived from the same, without previous written consent from Fiabee. In any event, the Client who cedes their Contract will be jointly responsible with the assignee for all the obligations derived from the Contract, including the formalisation of the corresponding guarantees. Fiabee can cede the present Contract, or any of the rights or obligations deriving from the same, to third parties without having to notify or communicate with the Client.
16. Sub-contraction
Fiabee can contract and/or sub-contract third parties whenever they consider necessary in order to carry out, through them, any or all activities needed to maintain, update, improve or provide the Service.
17. Applicable Legislation
The terms and clauses which make up this document are interpreted and governed by Spanish law.
18. Applicable Jurisdiction
Both parties expressly renounce their corresponding Jurisdiction and submit to resolve conflicts in the Courts in the city of Barcelona, Spain.
19. More Information
For any additional information or clarification with respect to the contents of the Conditions for the 'Give Fiabee as a Gift' communication campaign, or for any enquiries relating to technical, functional and/or operative characteristics, do not hesitate to contact our Customer Services at info@fiabee.com.
Copyright © 2008 Tuso Technologies S.L. All rights reserved.