GENERAL TERMS AND CONDITIONS OF THE MYAVSALARM SERVICE AVAILABLE IN BETA
Version 1.0 of 17/03/2014
These General Conditions of Contract, govern the terms and conditions of supply by
Falcom Software Srl and use by the user, of the service "myAVSAlarm" (hereinafter "service" )
after reading and full acceptance by the user’s of this Agreement. Access
to and use of each service performed with any compatible device, it assumes the full
knowledge and full acceptance by the user.
Your use of this service is subject to the purchase of a compatible control panel AVS Electronics.
1. Definitions
The Parties note that the meaning attributed to the definitions contained in the Agreement are as follows:
§
Client : the software used on the mobile device of the User to access the functionality provided by the server "myAVSAlarm";
§ Contract : the General Conditions of Contract, in its entirety;
§ Parts : indistinctly you and Falcom Software Srl;
§ User/s : user of the service myAVSAlarm.
2. Description of Service
Falcom Software Srl, at the express request from AVS Electronics S.p.A.,
makes available to users who have purchased a central alarm AVS Electronics,
an proprietary infrastructure accessible to all compatible devices, and
after installation of the myAVSAlarm App, in order to allow the control and
monitoring of burglar alarm installed.
The user of the service "myAVSAlarm" acknowledges and accepts
that their personal data, and any data necessary for the provision of the
service, will be used for the purposes outlined above.
The User acknowledges and agree to receive commercial communications from
Falcom Software Srl or third parties, via email or through push
notifications, during or downstream of the use of the service. The maximum
number of commercial communications sent to the customer will be one (1) per day.
The receipt by you of such commercial communications, end with the service termination for any event occurred.
3. Membership and revocation of Service
3.1 To join the service, you must have a device compatible with the standards
and technologies of third generation (3G) and have installed the App myAVSAlarm
of AVS Electronics S.p.A.
3.2 The use of service provided by Falcom Software Srl through "myAVSAlarm"
is reserved exclusively for guests AVS Electronics, legal persons or natural
persons of legal age upon registration to the site www.myavsalarm.com.
Membership in the Service is not transferable to third parties. After notification
by Falcom Software Srl, User access to the Service may be revoked, resulting in
termination of this Agreement and deleting user data after a period of 6 months
from the termination.
In no event Falcom Software Srl is responsible for the cancellation, loss,
alteration, or destruction of information that was previously loaded by the user
in order to take advantage of "myAVSAlarm". Falcom Software Srl also reserves
the right to terminate your access to the Service User that at any time it becomes
liable for violations of this Agreement or who has provided false personal information.
3.3 Falcom Software Srl reserves the right to alter, amend this Agreement,
or any part thereof, at any time, by giving notice to the User by the appearance
of a disclaimer at the time of use dell'App that will allow or not the User to
accept them.
3.4 L'utente ha il diritto di interrompere il Servizio in qualsiasi momento senza
penalità, attraverso il portale www.myavsalarm.com. Gli utenti che hanno cessato
il contratto possono richiedere una nuova registrazione. Tutte le informazioni
caricato dall'utente che ha rescisso il contratto potrebbe essere rimosso senza
alcuna responsabilità da parte di Falcom Software Srl.
4. Management and Use of Content
4.1 The Service provided by Falcom Software Srl through "myAVSAlarm"
is targeted solely for personal use by Users. In no case is it allowed to Users
exploitation of the service "myAVSAlarm" for purposes directly or indirectly
commercial and/or advertising.
4.2 Users acknowledge that Falcom Software Srl is not obliged to verify the
information uploaded, unless this is necessary to fulfill the law, to requests
made by judicial or other competent authority, and does not operate any preventive
control on the contents, not being subject to any general obligation to monitor
and therefore can not in any way be held responsible for the nature and
characteristics of the Content, or for any errors and/or omissions in the same,
as well as severe for any direct and/or consequential Users themselves and/or
to third parties from the use of such Content. Users, therefore, will be solely
responsible for the information entered or transmitted by the Service, as well
as the accuracy and truthfulness. Users agree to use the Service only for lawful
purposes and permitted by law from time to time applicable, the uses and customs,
rules of diligence and in any event, without prejudicing the rights of any third party.
4.3 Falcom Software Srl, for purposes related to the guarantee of continuity
the Service, we reserve the right to keep backup copies of all Content uploaded
by you. The data deleted by users will also be deleted from the backup copies as
quickly as possible consistent with the time required for backup management.
Falcom Software Srl will cancel the backup copies of the Content in any case
of withdrawal of access to services and in cases where the contents are deleted
by the user.
5. Price of the service offered to users
5.1 The costs of service activation "myAVSAlarm" are listed on the
site www.myavsalarm.com. The costs arising from the use of traffic data for
accessing services through any mobile device shall be borne by the User.
5.2 The use by the User of optional services and/or additional features,
free or paid, which may be provided by Falcom Software Srl, involves the
acceptance of the terms of use and, where applicable, the payment methods
available on our website www.myavsalarm.com.
6. Security, Passwords and Privacy
6.1 Falcom Software Srl guarantees the users about alll'adozione the
highest standards of security and protection of privacy and personal
information of each member. However, it is imperative that Members should
note that no computer system, although subject to more stringent control
and equipped with the most advanced technologies in terms of safety , can
be considered protected from infringement and/or unauthorized access by third parties.
For these reasons, Falcom Software Srl assumes no guarantee against
the User against damage of any kind or nature , which the User may suffer
as a result of the loss or violation of personal data carried out by thirds.
6.2 As to access to the Service, User is required to use a personal
password, and is under the sole responsibility of the User the choice
of the password to be used and its safe keeping. Constitutes a serious
breach of this Agreement, legitimizing the interruption of the Service
without notice, the disclosure of your password to any third party and/or
the use of accounts and/or passwords belonging to other users. In the
case of known or suspected breach of your account and/or password, the
User is obligated to immediately report the incident to Falcom Software Srl
through the appropriate service available on the website www.myavsalarm.com.
6.3 Falcom Software Srl is not in any way responsible for the physical
and material damage of any nature whatsoever arising from any malfunction
of hardware or software device "Central Alarm" sold by AVS Electonics S.p.A
or security breaches that could compromise.
7. Disputes, court and applicable law
7.1 This Agreement is governed by Italian law , regardless of nationality,
residence and/or domicile of the User.
7.2 The exclusive jurisdiction for any dispute arising between the User
and Falcom Software Srl concerning the interpretation, execution, valid,
the effectiveness and termination of this Agreement, and in general all
disputes arising of the rights available parties also compensatory in nature,
will be the responsibility of the court of Treviso.
7.3 The User shall indemnify Falcom Software Srl and/or its affiliates
from any type of expenses, including attorneys fees and legal
assistance in arbitration for disputes arising from the improper use
of its services "myAVSAlarm" and/or for any breach of this agreement
to establish against him.
8. Final Declaration of the User
I have read and understood this Agreement in its entirety, and to accept
without any reservations. I am aware of the responsibilities associated
with the violation of this Agreement and the consequences of such
violations may entail.
In particular, the User declares to know and accept unconditionally
the following articles and related: 2,3,4,5,6,7.