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TERMS AND CONDITIONS OF USE OF THE TVerify APP (provided by TELEVES)

The Terms and General Conditions described below govern the contractual relationships between TELEVÉS S.A. (Hereinafter, TELEVÉS) with CIF A-15010176, domiciled in Santiago de Compostela, in Rua Benefica de Conxo, nº. 17, 15706 of Santiago de Compostela (A Coruña - Spain), registered at the Mercantile Register of A Coruña, Volume 116; Sheet 132; Page C-178; and the service user (hereinafter, the USER), in all matters relating to the App "TVerify" (hereinafter, the App) and the provision of the services offered by TELEVÉS (hereinafter, the Service), as well as the commercial attention and, as the case may be, the Service maintenance.

These Terms and General Conditions create a contract or agreement that regulates the relationship between the USER and TELEVÉS (hereinafter, the Agreement). Read the Agreement carefully. The acceptance, without reservations, of these Terms and General Conditions becomes indispensable for the provision of the service by TELEVÉS. The USER upon clicking "Accept" states that he / she has read, understood and accepted these Terms and General Conditions, made available to him, at any time, at the web address: https://play.google.com/store/apps /details?id=es.televes.tverify&hl=en

A. USE OF THE SERVICES

This Agreement regulates the use of the TELEVÉS Service by the USER through the App TVerify, which allows the latter to verify the authenticity of a TELEVÉS product through the TELEVÉS card.

The Service is available for its use in the country of residence of the USER (hereinafter, Country of Residence). In order to use the Service, the USER needs the compatible hardware and software (it is always recommended to have the latest version, in some cases it could be even necessary) and Internet access (additional charges may be applied for this reason by the USER's telephone operator). The performance of the Service may be affected by these factors.

These Terms and General Conditions govern the use of any application or service owned or controlled by TELEVÉS made by the USER, as well as its affiliated companies and subsidiaries. Both parties, TELEVÉS AND USER, shall be bound by the Terms and General Conditions listed below in the version in force at the time of the use. The USER must be sure to be informed of the changes that could affect the content of this document.

B. RULES OF SERVICE USE AND CONTENTS

The USER agrees to use the App and the Service in accordance with the law and with the present rules of use and, as the case may be, the Particular Conditions agreed with TELEVÉS. Any other kind of use of the Service will constitute a material breach of this Agreement. TELEVÉS may supervise the use of the Service by the USER to ensure that it complies with these rules.

Without prejudice to other particular rules that may be established, the use of the service by the USER is subject to the following rules:

  • The USER will use the Service only for the specific purposes for which it is intended.
  • The delivery of the contents corresponding to the Service will be carried out by TELEVÉS. Through this delivery, TELEVÉS does not transfer to the USER any right of promotional use, nor will it constitute the concession or waiver of the industrial, intellectual and/or copyright rights that correspond to it.
  • Access to the Service may only be made through the use of the TELEVÉS software. In no case the USER will be able to make modifications, avoid the software’s safety assurance systems or use modified versions of the aforementioned software.
  • The use of the Service may be performed in any electronic devices that support it, owned by the USER or which the USER is entitled to use.

Once the contents are downloaded, it will be the responsibility of the USER not to lose or damage them.

The TELEVÉS service is supported by devices using Android, IOS and Windows Phone O.S operative systems. The download of the App will be available in the Play Store. For downloading the App it will be necessary to have internet connection (Its cost will be the one that in each case sets the Telephone company or the Internet access supplier of the USER).

C. PRIVACY

The Service and the processing of the personal data supplied by the USER are subject to TELEVÉS privacy policy. To these effects, the USER expressly gives his consent to communicate to TELEVÉS the following data:

  • GPS coordinates of the place of download and use of the App.
  • Number of the phone on which the App is downloaded (it is possible that, depending on the type of terminal used by the USER this datum is not sent automatically when downloading the App).
  • NFC label information.

TELEVÉS informs the USER on the existence of an automated personal data file, of which TELEVÉS is responsible and is registered with the Spanish Agency of Personal Data Protection (AEPDP). The data requested by the USER through the App and / or obtained through it are necessary to provide the Service and increase its quality.

The use of the App will determine the processing of personal data by TELEVÉS, in accordance with the internal rules and procedures established for this purpose.

TELEVÉS may subcontract with other companies or professionals the material performance of all or some of the benefits provided with the Service. This subcontracting will determine a transfer of data. TELEVÉS guarantees to the USER that the data provided will not be applied or used for a different purpose from the established.

TELEVÉS undertakes to ensure and protect the public freedoms and the fundamental rights of the data owners who are natural persons; especially, their honour and their familiar and personal intimacy. TELEVÉS undertakes to carry out the corresponding data treatment in accordance with the regulations in force in each moment, as well as to keep the most absolute secret regarding the information delivered by the USER.

It is also the USER’s responsibility to adopt and maintain all the necessary technical and organizational measures in order to guarantee the security of his personal data, preventing its alteration, loss, treatment or unauthorized access.

The USER may exercise the rights of access, rectification, cancellation and opposition by sending an email to the following email address: serbel@televes.com

D. MAINTENANCE AND TECHNICAL SUPPORT

TELEVÉS is responsible for providing maintenance and support for the App and the Service that offers through it.

In the event that the downloaded software, when being identified as authentic through the use of the App, is not read or the device shows an error, the USER may contact TELEVÉS, through the email address: serbel@televes.com, providing the following information:

  • TELEVÉS Reference
  • Purchasing address
  • State
  • Contact email

E. CHANGES IN THE CONTRACT

TELEVÉS reserves the right to modify, at any time, this Agreement and to add new or additional Terms or General Conditions about the use of the App or the Service. These modifications and/or the additional terms and conditions will be effective immediately and included in this Agreement. Using the App or the Service after the modification of these terms and conditions will mean the acceptance of the changes.

F. INTELLECTUAL PROPERTY

The USER accepts that the contents, graphics, interface, scripts and software used to implement the App and the Service, contain information and material owned by TELEVÉS, protected by the applicable intellectual property laws or other relevant legal rules, including but not limited to the copyright protection.

The USER agrees not to use such material in other terms than those established in the section RULES OF SERVICE USE AND CONTENTS.

In addition, no part of the Service may be reproduced in any manner or by any means, except when expressly permitted by this Agreement. The USER agrees not to modify, rent, lend, sell or distribute the App or the Service, in any way, and may not take any kind of benefit from them in a way not expressly authorized.

The name of TELEVÉS, its logo, the app name "TVerify" and graphics and logos used in connection to the Service, as well as other trademarks of TELEVÉS, are registered trademarks of TELEVÉS.

G. COPYRIGHT NOTICE

If the USER believes that any content available through the App or the Service infringes his intellectual property rights or copyright, he must contact TELEVÉS through the email address: serbel@televes.com

H. DISCLAIMER OF WARRANTIES AND LIABILITY INFORMATION

TELEVÉS does not guarantee, represents or justifies that the use of the App or the Services is uninterrupted or without errors, and the USER accepts that, occasionally, TELEVÉS may remove services for indefinite periods of time, cancel services at any time, or limit or deactivate the Service access without prior notice.

The USER expressly accepts that the use, or inability to use the Service, will be at its own risk. The Service and all contents will be delivered to the USER (except when TELEVÉS specifically mentions it) when they are available for use, without warranties of any kind, express or implied, including all implied warranties of merchantability, suitability for a particular purpose, title and not violation.

Neither TELEVÉS nor its staff guarantees that the USER will use the App or the Service in accordance with the law, morality, public order, or these Terms and General Conditions and, as the case may be, other particular conditions that may be applicable. Likewise, they do not guarantee the veracity and accuracy, completeness and/or authenticity of the data provided by the USER.

Neither TELEVÉS nor its staff shall be responsible, directly or indirectly, and to the extent permitted by the law of the forum, for any direct, indirect, incidental, punitive, special or consequential damage arising out of the USER use of the App or the Service, or for any other claim related to it.

The USER accepts that any information sent when using the Service will be under his own responsibility, assuming the risks that may be derived from it, and releasing TELEVÉS from any liability towards the USER for any loss or damage related to that information in any way.

TELEVÉS does not guarantee that the App or the Service is free from loss, corruption, attacks, viruses, interferences, hacking or other security intrusions. The USER releases TELEVÉS from any liability in this regard.

TELEVÉS is not responsible for the data fees charged to USER by other companies due to the use of the App or the Service.

I. EXEMPTION AND INDEMNIFICATION: TERMS AND CONDITIONS

The USER, when using the App and the Service, is deemed to have accepted, to the extent permitted by the law of the forum, to indemnify and hold TELEVÉS harmless –including its staff- regarding any claim arising out of a breach of the Terms and General Conditions of this Agreement, the use of the App and the Service, or any action taken by TELEVÉS for investigating an alleged violation of this Agreement or as a result of finding out that a violation thereof has been committed.

The USER also accepts not to report or claim damages from TELEVÉS and its staff as a result of the following actions performed by TELEVÉS: a) eliminating or rejecting the processing of any information or content, b) suspending o forbidding the USER’s access to the Service during the Investigation of an alleged violation or as a result of finding out that a violation of this Agreement has occurred.

J. OTHER RESERVES

This Agreement constitutes a complete agreement between the USER and TELEVÉS and governs the use by the USER of the App and the Service, replacing any previous agreement between the USER and TELEVÉS.

If any provision of this Agreement is found to be invalid or unenforceable, it shall be construed in a manner consistent with applicable law to reflect, as accurately as possible, the original intentions of the parties. The rest of the Terms and General Conditions not affected by the invalidity or unenforceability will remain in force.

TELEVÉS will not be responsible for not fulfilling any obligation due to causes beyond its control.

The USER accepts to comply with the laws that result applicable, in accordance with the provisions of this Agreement.

TELEVÉS may notify the USER on questions related to the App and the Service by sending an e-mail to its e-mail address, or a letter by mail to its postal address, or a text message, or by pushing notifications through the App.

The USER confers to TELEVÉS the right to adopt the measures that TELEVÉS considers suitable in order to ensure and verify the fulfilment of any part of this Agreement.

The USER accepts that TELEVÉS has the right, without assuming any liability for it, to share any data and/or information with the police, administrative and judicial authorities and/or third parties, when TELEVÉS deems it reasonably necessary or appropriate for:

  • Demanding and/or verifying the USER’s compliance with any part of this Agreement.
  • Cooperating with any legal procedures related to the use of the App, the Service or their contents performed by the USER.
  • Managing third parties` claims for breach of third parties’ rights, as well as for illegal or inappropriate use of the App, Service or their contents performed by the USER.

K. TERMINATION AND SUSPENSION OF SERVICES

In the event that the USER breaches any provision of this agreement, or if TELEVÉS suspects it, TELEVÉS may, with or without prior notice: terminate this Agreement, being the USER responsible for the sums owed to TELEVÉS up to, and including, the date of termination. In this case, TELEVÉS may terminate or discard the USER’s access to the App and the Service as well.

TELEVÉS reserves the right to modify, suspend or interrupt the Service (or any part or content thereof) at any time, with or without prior notice, not being responsible towards the USER or any third parties in case of exercising the aforementioned rights.

L. FORUM DEFINITION

This Agreement and the relationship between the USER and TELEVÉS will be governed by the laws of the Kingdom of Spain. Applying the United Nations Convention on Contracts the International Sale of Goods to the relationship governed by this Agreement is specifically excluded.

The USER and TELEVÉS accept to submit to the sole and exclusive jurisdiction of the courts of the city of Santiago de Compostela (A Coruña - Spain), to resolve any litigation or claim arising out of this Agreement or in relation to the use of the App TVerify.

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