TERMS AND CONDITIONS
The present general Terms and Conditions of use and sign up (hereinafter collectively referred to as Conditions) regulate the use and access to the mobile computing application ICARD, owned by Publicall Telecommunications Inc. (hereinafter collectively referred to as the COMPANY) for registered users (hereinafter collectively referred to as User or Users) as well as the sales and purchase contractual relationship between the COMPANY and the User during the process of services offered through ICARD.
The COMPANY offers a service through ICARD that allows Users to purchase an NFC enabled ICARD that allows them to promote their content.
The COMPANY does not intervene in the execution of the services offered through ICARD, the affiliated businesses being the only ones responsible for the correct delivery of the services according to the announced characteristics in ICARD.
The access to ICARD is conditional to the acceptance of and compliance with these Terms and Conditions:
ACCESS AND REGISTRATION
In order to be a ICARD User it is essential that the following requirements are met:
- Be at least 18 years old
- Truthfully fill in the mandatory fields of the registration form, which asks for personal data
The User guarantees that all data about his/her identity and legitimacy provided to the COMPANY on his/her ICARD registration forms are true, accurate and complete. Also, the User undertakes to keep his/her data updated. In the event that the User provides any false, inaccurate or incomplete data or if the COMPANY considers that there are reasonable grounds for doubting the veracity, correctness and completeness thereof, the COMPANY may deny him/her the present and future access and use of ICARD or any of its contents and/or services.
When registering on ICARD, the User must enter his/her full name, an e-mail as a user ID and select a password. The password will be strictly confidential, personal and non-transferable. The User undertakes not to disclose the information relating to his/her account nor make them accessible to third parties. The User will be solely responsible in case of use of the mentioned data by third parties, including the statements expressed in ICARD, or any other action that is carried out through the use of his/her username and/or password.
The COMPANY may allow the registration in ICARD by synchronizing with third-party services (eg. Log-In with Facebook account). The COMPANY will always request the User for his/her consent prior to the registration for the synchronization of services between a third party and the COMPANY.
The COMPANY cannot guarantee the identity of the registered Users; therefore, it will not be responsible for the use of the identity of a User registered by unregistered third parties. The User undertakes to immediately inform the COMPANY of the subtraction, disclosure or loss of his/her username or password.
The COMPANY does not have the obligation to verify and does not verify the identity of the Users, nor the veracity, currency, completeness and/or authenticity of the data that they provide.
The COMPANY does not control and will not be responsible for the content discharged by the Users through ICARD, being these solely responsible for the legal adequacy of said contents.
The COMPANY has no obligation to control and does not control the use that the Users make of ICARD and, therefore, does not guarantee that the Users use ICARD in accordance with the terms established in the present Conditions, nor that they make a diligent and/or prudent use of the same.
The COMPANY reserves the right to limit, totally or partially, the access to ICARD to certain Users, as well as to cancel, suspend, block or eliminate certain type of contents, using technological tools suitable for the purpose, if it had effective knowledge that the activity or stored information is illegal or that it damages properties or third party rights. In this sense, the COMPANY will be able to establish the necessary filters in order to avoid that illegal or harmful contents could be poured to the network through the service.
The COMPANY will not respond in the event of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, or by interruptions of the Internet network or for any reason beyond its control.
The COMPANY is not responsible for any security errors that may occur, or for damages that may be caused to the User’s computer system (hardware and software), files or documents stored in the same, as a consequence of:
- The presence of a virus in the User’s computer system or mobile terminal, used for the connection to the services and contents of ICARD;
- A browser malfunction;
The User is responsible for having the necessary services and equipment for browsing the Internet and for accessing ICARD. In case of any incidence or difficulty to access ICARD, the User can inform the COMPANY which will proceed to analyze the incidence and will give indications to the User on how to solve it in the shortest timeframe possible.
The User is fully responsible for the access and correct use of his/her profile and other contents of ICARD subject to the current legality, whether national or international, as well as the principles of good faith, morality, good customs and public order. Also, the User specifically acquires the commitment to diligently observe the present Conditions.
Users will refrain from using their profile and other contents of ICARD for illicit purposes or effects and that are harmful to the rights and interests of third parties, or that in any way may harm, disable, affect or deteriorate ICARD, its contents and its services. Likewise, it is prohibited to prevent the normal use or enjoyment of ICARD to other Users.
The COMPANY cannot be considered as the editorial responsible, and expressly states that it does not identify with any of the opinions that may be issued by the Users of ICARD in ICARD’s spaces specially determined for Users' comments, whose consequences are a responsibility of the issuer of said comment in its entirety. Especially regarding the opinions expressed by the Users about the quality of the services provided by the service providers hired through ICARD.
Those who fail to comply with such obligations will be liable for any damage they cause. The COMPANY shall not be liable for any consequence or damage that may arise from such access or illegal use by third parties.
In general, the User agrees to, including but not limited to:
- Not to host, store, divulge, publish, distribute or share any content that may imply an illegitimate intrusion or infringement in any form of the rights based on the honor, image and personal and family privacy of third parties, and especially of minors;
- Not to publish any comment or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to the morality or public order in any section of ICARD nor your profile or other Users';
- Not to alter or modify ICARD, totally or partially, bypassing, deactivating or manipulating any other functions or services thereof;
- Not to infringe industrial and intellectual property rights or regulations for the protection of personal data;
- Not to use ICARD to insult, defame, intimidate, violate one's image or harass other Users;
- Not to introduce computer viruses, defective files, or any other software that may cause damages or alterations in the contents or systems of the COMPANY or third parties;
- Not to send emails with a massive and/or repetitive nature to Users, nor send email addresses of third parties without their consent;
- Not to carry out publicity actions of goods or services without the previous consent of the COMPANY.
Any User may be able to report to another User when he/she considers that any of these Conditions are being breached, additionally all Users can inform the COMPANY of any abuse or violation of these conditions. The COMPANY will verify this report, as soon as possible, and will adopt the measures considered appropriate, reserving its right to withdraw and/or suspend any ICARD User account for the breach of these Conditions. Likewise, the COMPANY reserves the right to withdraw and/or suspend any message with illegal or offensive content, without the need of prior notice or subsequent notification.
SIGNING UP PROCESS
The User may access the services offered through ICARD following all the steps of the Signing up process established by ICARD.
The applicable prices will be those published automatically during the sign up process in the last phase thereof. The User will always be informed of the final price prior to the completion of the Signing up gateway. The User will be able to make the payment by credit card and debit card.
ICARD's signing up gateway will inform the User via email, once the signing up process has been completed, of all relevant characteristics of the hired service. If the User does not receive the confirmation email within the twenty-four hours following the completion of the purchase, it will be responsibility of the User to confirm with the COMPANY the approval of the transaction.
Any payment made to the COMPANY will entail the issuance of an invoice in the name of the User according to the data provided during the signing up gateway. Users registered in ICARD may request from the COMPANY a copy of the invoice through the contact email of the COMPANY.
Users may apply any of the different promotional coupons to benefit from existing COMPANY offers as long as these have been issued or validated by the COMPANY and are within its validity period.
All promotional coupons are limited to a single use by the User. In particular, promotional coupons will be limited to a single owner of payment means, account and telephone number. The COMPANY reserves the right to ask the User for additional documentation in the event that it suspects that a possible duplication of accounts is being produced to benefit from a promotion to the same User.
RIGHT OF WITHDRAWAL
As a general rule, the services offered for sign up through ICARD will not be subject to the Right of Withdrawal in accordance with Article 103 a) of Royal Legislative Decree 1/2007, dated November 16, which approves the consolidated text of the General Law for the Protection of Consumers and Users, by which once the sign up of a service is performed, it will be considered that the execution of the service provision has begun and therefore the User will not have the right to withdraw or recover the sign up amount.
UPDATE AND MODIFICATION OF ICARD
The COMPANY may modify these Conditions at any time by email, or through the internal message section of ICARD or by publishing the modified terms in ICARD. All modified terms will take effect automatically within 30 days of being published.
Likewise, the COMPANY reserves the right to make updates, modifications or deletions of any information contained in ICARD, in its configuration and presentation and the conditions of access, at any time and without prior notice, without assuming any responsibility for it.
The COMPANY owns or licenses the intellectual and industrial property rights that fall on the texts, graphic design, source code and the rest of the content of ICARD protected under the laws of intellectual and industrial property. As a consequence, the exclusive exercise and exploitation rights of the same corresponds to the COMPANY in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish legislation on intellectual and industrial property rights.
The authorization to the User for accessing to ICARD does not imply a waiver, transmission, license or total nor partial transfer of rights of intellectual or industrial property by the COMPANY.
The User who willingly shares any type of content through ICARD, as well as through the profiles in social networks of the COMPANY, grants the COMPANY a non-exclusive, free and worldwide license limited to the reproduction and public communication of said content through ICARD's service delivery.
The User guarantees the COMPANY that he/she owns all the intellectual property rights over the content that he/she shares or has the authorization of the owners of the same without violating any regulations, contract, right, interests or property rights of third parties.
In the event that any dispute arises between ICARD's users, the COMPANY requests that its Customer Service channel is used in advance by sending an email to the COMPANY address detailing the reasons for the dispute and providing all documentation that may be of interest. The COMPANY will analyze the reasons and reasoning provided by both parties and will provide a solution in the shortest time possible mainly taking into account that the day of execution of the hired services is not harmed.
INDEPENDENCE OF THE CLAUSES
If any of the clauses of these Conditions is null and void or voidable, it shall be deemed not granted. Such declaration of nullity will not invalidate the rest of the Conditions, which will maintain its validity and effectiveness between the parties.
If any clause in these Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will affect only that provision or the part thereof which is null and void or ineffective, and the Conditions shall survive in all other respects. Such provision or the part thereof that is affected for being not granted.
These Conditions shall be governed by USA law, which shall apply to what is not provided in these Conditions with regard to interpretation, validity and execution. Likewise, both parties submit, expressly waiving any other jurisdiction, to the Courts of the State of Florida.