INTRODUCTION
(General terms and conditions modified on February, the 8th, 2008)
The following general terms and conditions ("General Terms and Conditions") apply to all the services ("Service" or "Services") offered by PAT S.r.l. ("PAT") based in 31044 MONTEBELLUNA (TV) ITALY, Via San Gaetano, 113, REA no. TV – 206622, Fiscal Code and Companies Registry number no. 02378410266, and by companies subject to PAT direction and coordination, throughout the web site http://www.securityred.com (“Web Site") concerning the use of SecurityRED.
SecurityRED is a set of online Services which allows to the Web Site registered user to control/manage/govern its mobile device endowed of certified phone device
The registration to the Service requires the complete acceptance of these General Terms and Conditions.
In selecting the box I hereby declare to be an adult and to have read and accepted these General Terms and Conditionsplaced at the bottom of the registration page, the user declares to be completely informed and considers itself constrained and bound to all terms and conditions set forth in these General Terms and Conditions.
Failing the acceptance of these SecurityRED General Terms and Conditions, the user is prevented from using the SecurityRED Services.
SecurityRED, upon acceptance of these General Terms and Conditions duly executed by the user, shall offer its confirmation through a confirm about key with an attached summary of the fundamental elements of the agreement that SecurityRED suggest the Customer to print, file and save in its database.
SecurityRED keeps copy of these General Terms and Conditions in its devoted database. At anytime the Customer is allowed to contact SecurityRED in order to receive copy of the same.
ARTICLE 1. DEFINITIONS
Words and terms contained in these General Terms and Conditions, having capital letter have the meaning herebelow conferred.
“Customer: the effective registered user who accepts these General Terms and Conditions;
“Activating Service Code”: the code made up to 16 characters, posted on the dedicated card or bought through the commercial partner o directly by PAT ; (the net ) (online trading partner)
“PIN Code: the Security Code necessary to unable the Customer to activate the possible danger services;
“Promotional Activating Service Code”: the free Activating Service Code which the Customer receives.
“Purchase Agreement”: the purchase agreement concluded between the Customer and the SecurityRED Seller, which duration depends on the agreed terms, being renewed where requested;
“Customer Service”: the assistance service offered to Customers, throughout the customercare@securityred.com e-mail address or phone where covered;
“Mobile Device”: phone mobile, personal organizer, Personal Digital Assistant (PDA), Smartphone, Tablet PC, recorded by the Customer during the SecurityRED registration phase, where the Redtech™ software shall be downloaded;
“Identifying Information”: all data from SecurityRED required including the PIN Code”;
“Promotional Service”: the free Service received by the Customer which duration is indicated on the Promotional Activating Service Code;
“SecurityRED Distributor”: is the SecurityRED vendor, including the online goods and/or services purchaser who concludes a Purchase Agreement with the Customer.
ARTICLE 2. TECHNICAL STEPS
2.1 Access/Admittance
The equipment (PC, tools, applications, telecommunications, facilities, etc.) which allows the access to the Services as well as all telecommunication expenses and costs necessary to its use, bear exclusively by the Customer.
To become a SecurityRED Customer, it’s necessary to be an adult, dial the Activating Service Code and accurately insert all Identifying Information required and necessary for the Service activation.
The Customer herewith represents and warrants that the communicated information are true and correct and undertakes to immediately communicate any eventual data amendment or, where necessary and practicable, to directly modify them.
The Service is exclusively connected to a phone service provider and to a Mobile Device.
Before the Service activation, the Customer has to verify the compatibility of its personal Mobile Device and the relevant correct functioning.
2.2 Registration/Recording
Once accomplished all registration conditions, the Customer shall receive a PIN Code, strictly personal and confidential, which is prohibited from being communicated and/or shared with third parties.
The Customer is the only responsible for the use of the Identifying Information by unauthorised third parties, as well as for any acts from the latter committed, being or not in fraud of the applicable law. The Customer indemnifies SecurityRED from any eventual relevant legal action.
SecurityRED is not able and obliged to warrant the true identity of the registered users and therefore is not responsible for any data misuse and/or abuse.
In case the Customer deems that unauthorized third party is using all or part of its Identifying Information, he has to immediately inform SecurityRED.
2.3 SecurityRED Service activation.
Once obtained the PIN Code, the Customer shall download the Redtech™ software to its Mobile Device following the relevant instruction.
In activating and/or deactivating the SecurityRED Service, the Customer shall exclusively make use of short massage service text (SMS).
ARTICLE 3. SERVICE SUPPLY
The chosen Service supply is conditioned to the ongoing compliance of these SecurityRED General Terms and Conditions.
At anytime and without notice, SecurityRED reserves the right to block the supply of the Service in case of violation and/or abuse.
Where the Customer uses the Service for purposes not in compliance with the supply, it commits a severe non-fulfilment of these General Terms and Conditions.
This Service is not an insurance service and do not protect, in any case, the content of all data and information contained in the Mobile Device.
At anytime and without notice, SecurityRED reserves the right to block or suspend the supply of the Promotional Service in case of violation and/or abuse.
The Service is supplied on a limited and maximum of events bases for each Purchase Agreement; the remaining events are counted in the Customer Web Site area.
Once the limited and maximum events has been reached, SecurityRED shall not supply any other Service, even though the contractual term is not yet expired
ARTICLE 4. DURATION AND TERMS OF USE
Save as the terms and conditions set forth in these General Terms and Conditions, SecurityRED Service duration matches to the Purchase Agreement duration.
In case of renewal of the Purchase Agreement and renewal of the SecurityRED Service, the information originally registered by the Customer shall be automatically reconfirmed, till the new expiration Purchase Agreement date, unless otherwise communicated.
The use of SecurityRED Service beyond the expiry term, as well as any attempted tampering of deactivation function due to expiry term, constitutes a unauthorized use, a severe non-fulfilment of these General Terms and Conditions and a violation of the applicable law.
Where the Customer does not renew the SecurityRED Service, the Customer Identifying Information shall be deleted within the six (6) months period following the expiry date, except for those information authorised to be treated for commercial and/or marketing purposes.
The Customer agrees to receive during the Purchase Agreement validity any technical communication, by means of e-mail messages or SMS texts concerning the status of its Service and/or eventual necessary updates that SecurityRED may send without limitation.
The costs relating to the received and/or sent communications, useful and necessary to the correct Services functioning, bear to the Customer.
ARTICLE 5. MOBILE DEVICE COMPATIBILITY
In case the Customer following the Service activation realizes the lack of compatibility of its Mobile Device or the Service use is in fault, it may contact the Customer Service in order to verify the availability of another compatible Service version.
In case the Customer realises the impossible use of the Service, on a ongoing term, it may communicate to the Customer Service its intention to terminate the Service with a contextual request of reimbursement of the sum paid upon conclusion of Purchase Agreement. SecurityRED shall forward the Customer reimbursement demand to the SecurityRED Distributor.
ARTICLE 6. SERVICE ABUSE
SecurityRED reserves the right to block the Service supplied in case of unlawful use or attempted alteration, tampering or change of the correct Service functioning and reserves itself to start any legal actions before the competent Jurisdiction in order to protect its lawful rights, including any right to pretend damages compensation and/or reimbursement of the sustained costs.
In any case and without notice, SecurityRED reserves the right to block the supply of the Promotional Service with waive of any liability.
ARTICLE 7. ALL RIGHTS RESERVED
The Customer has no intellectual property rights relating to, without limitation, patents, trade marks, trade and industrial secrets, information, know how, pertaining to SecurityRED and to SecurityRED Service owned by the legitimate proprietor.
The Customer cannot remove, alter or copy information or data such as, without limitation, patents, trade marks, trade and industrial secrets, information, know how, pertaining to SecurityRED and to SecurityRED Service owned by the legitimate proprietor.
The Customer cannot modify, translate, adapt, manipulate or create activities arising or deriving from SecurityRED Service.
ARTICLE 8. WARRANTY AND LIABILITY
SecurityRED is exclusively liable for the supplied Service, except for the lack of functioning due to failure and/or breakdown.
SecurityRED is not liable in case of delay, non-reception and/or delivery of the SMS texts, being the relevant exclusive liability of the telephone service provider, which terms and conditions are set forth in the supply agreement in force between the Customer and the selected telephone provider.
SecurityRED is not liable in case of incidental, direct and/or indirect and/or consequential damages, loss of profits, revenues, data and/or costs relating to the Service and to Redtech™ software downloaded to the Mobile Device.
At any rate, the amount of the eventual damages indemnification attributable to SecurityRED is up to the amount paid upon conclusion of the Purchase Agreement.
The liability limitations set forth in this provision shall apply to all contractual, extra-contractual or otherwise damages, in any manner caused.
SecurityRED shall not be liable for any eventual consequences in case of loss or theft of the Mobile Device. The Customer is the exclusive liable for custody of the Mobile Device and of the Redtech™ software and shall not be entitled to receive any substitution Service.
SecurityRED is not liable in case of non authorized third parties’ Service use, whether in possession of the Identifying Information.
SecurityRED does not access the information provided by the user to the SecurityRED Distributor upon conclusion of the Purchase Agreement and therefore shall not be liable for the use or treatment of such data.
SecurityRED is only liable for the Service supplied and shall not be in any case liable for any eventual third parties’ services or products, other than SecurityRED Services even though they are matched or bundled with SecurityRED Service.
SecurityRED liability is limited to warranties and representations set forth in this General Terms and Conditions.
ARTICLE 9. WARNINGS
The Customer cannot transfer and/or copy the Redtech™ software downloaded to the Mobile Device.
The Customer cannot, and cannot allow third parties, to use the Redtech™ software for purposes other than those herewith indicated, nor undertake reverse engineering operation, as well as decompile or disassemble the Redtech™ software or part of it.
The Customer cannot distribute, assign, grant free or paid for use, sublicense to third parties or otherwise transfer, in whole or in part, the Service and the Redtech™ software or other rights rising from this General Terms and Conditions, unless a previous and explicit written SecurityRED consent.
In case of third parties’ enquiries into the Customers and SecurityRED Sevices Identifying Information, SecurityRED shall provide such data exclusively to the evidenced legitimate owner.
The SecurityRED Service may be disabled by automatic security devices in case of data manumission, aimed at the Service transfer to another mobile device or in case of use of the Service beyond the terms and conditions set forth by the Promotional Service.
Further information are available on the Web Site.
ARTICLE 10. GENERAL PROVISIONS
These General Terms and Conditions and the relevant rights cannot be assigned and/or transferred to third parties unless a previous and explicit written SecurityRED consent. The eventual assignment is null and void.
This agreement is exclusively governed by and shall be construed, interpreted, enforced in accordance with the Italian applicable laws, without the application of the conflict of laws principles.
The Treviso Court (ITALY) shall be exclusively competent to settle any eventual dispute arising out of the interpretation, enforcement or termination of this General Terms and Conditions, with respect to the eventual jurisdiction of the competent Intellectual Property Institutions, where applicable.
The provisions set forth in these General Terms and Conditions constitutes the entire agreement and supersedes any other previous or actual communication, agreement, declaration and advertisement with reference to the Service.
Any amendment to these General Terms and Conditions shall be null and void, unless provided in writing.
Should any provision of these General Terms and Conditions nevertheless be or become illegal, invalid or unenforceable, in whole or in part, under the applicable Italian laws, this provision or part of it shall be ineffective, invalid and unenforceable within the its limit and shall be considered amended within the necessary limits in order to comply with the Italian applicable laws, to the extent the intention of the parties being respected. The ineffective, invalid and unenforceable provision shall not affect any other provision of these General Terms and Conditions.
Failure of either party hereto to enforce any of the provisions of these General Terms and Conditions or any right with respect thereto or failure to exercise any election provided for herein, shall in no way be considered a waiver of such provision, right or election, or in any way affect the validity of these General Terms and Conditions. The failure of either of the parties hereto to enforce any of said provisions, rights or elections, shall not preclude or prejudice such party from later enforcing or exercising the same or other provisions, rights or elections which they may have under these General Terms and Conditions.
These General Terms and Conditions are drafted in Italian and English language. In the event of any discrepancies, the Italian version of the General Terms and Conditions shall prevail.
ARTICLE 11. CONTACTS
For any communication, you may contact SecurityRED staff at the following address:
PAT S.R.L.
Via San Gaetano n. 113
31044 Montebelluna (TV)
ITALY
Tel.:++39.0423.600531
Fax: ++39.0423.302077
customercare@securityred.com
