Terms & Conditions
This document is an agreement between
you (the User) and the business company KAIFA SYSTEMS, S.L.
This agreement applies to any software, including any updates, you may use
while this agreement is in force.
·
Details of a personal nature obtained by KAIFA SYSTEMS, S.L. shall be adequately
treated accordingly in regard to their scope and purpose. Specifically, in order
to register with KAIFA SYSTEMS, S.L. and be able to enjoy the rights attached as
well as in order to access in accordance with the terms of the applicable agreement
concerning selection and assessment of potential persons eligible to its services
as well as the use of the MED SOS website implies the acceptance of these Terms
and Conditions.
- Details
of a personal nature contained in the files in possession of KAIFA SYSTEMS, S.L.
may never be used for purposes in conflict with purposes originally intended for
such details.
- Said details
shall at all times be stored in a way so as to enable the interested person exercise
his/her right of accessing them.
- Interested
persons registering with KAIFA SYSTEMS, S.L. hereby states to be aware of the purpose
for the collection of their relevant details as well as of the information recipient's
identity, always in keeping with the scope and purpose of KAIFA SYSTEMS, S.L. In
any event answers to questions made shall always be of a facultative nature, without
prejudice of the use derived therefrom for the purposes intended by KAIFA SYSTEMS,
S.L., being the user providing them accountable for it as well as for their truthfulness
and validity.
- At any
rate, the interested person may at all times exercise his/her rights of access,
rectification, cancellation and opposition. Being aware at all times that the identity
of the entity responsible of the treatment of such details is the business company
KAIFA SYSTEMS, S.L.
- The interested
person, by providing his/her personal details gives an unequivocal consent to their
treatment in accordance with the purposes intended by KAIFA SYSTEMS, S.L. Signature
of the evaluation and selection agreement together with the acceptance of these
Terms and Conditions contained in the "REGISTER" section shall be understood as
an express consent in regards to the details of a personal nature.
·
Said details shall be accurate, being the user responsible for their updating, in
a way that they shall provide a truthful picture of his/her condition. Both the
information and the materials shown at KAIFA SYSTEMS S.L. access addresses or any
of its related products such as a text, graphics, links or other articles are provided
as delivered by the users. KAIFA SYSTEMS, S.L . does not give any guarantee whatsoever
as regards of the accuracy, suitability or integrity of both information and materials,
and expressly disclaims all responsibility as to errors and omissions in such information
and materials.
- If any
given moment these details are partially or totally inaccurate or incomplete the
user shall be fully responsible for this and such details may be therefore cancelled
or replaced by rectified or complete details from the User.
- By virtue
of the above, details of a personal nature shall be cancelled whenever they may
not any longer be necessary or relevant for their intended purposes as collected
by and registered with KAIFA SYSTEMS S.L.
- Consent
referred to in the above paragraphs may be expressly revoked upon due cause with
no retrospective effects in any case.
- KAIFA
SYSTEMS, S.L. is only responsible for adopting such technical and organisational
measures necessary in order to guarantee the safety of details of a personal nature
as well as to prevent their alteration, loss, or unauthorised treatment or access.
- Similarly,
KAIFA SYSTEMS is committed to a professional secrecy in regard to details of a personal
nature as, as well as to its duty to safeguard them.
- The interested
person hereby gives his/her consent for communication of his/her personal details
to third parties for fulfilment of purposes directly related to the functions and
scope of their collection by KAIFA SYSTEMS, S.L. This consent shall be understood
as given also upon signing of the selection and assessment agreement and the acceptance
of the Terms and Conditions included in the section "REGISTER", as such acceptance
implies a legal relationship necessarily entailing the acceptance to such treatment
with third parties' files.
- The applicant
declares that his/her personal details are part of a file which title belongs to
KAIFA SYSTEMS, S.L. that is necessary for the achievement of the legitimate activity
and purpose provided by KAIFA SYSTEMS S.L. which the applicant is aware of.
- The above
Terms and Conditions are a valid and binding agreement between you and KAIFA SYSTEMS
S.L.
- If you
do not accept these Terms and Conditions, you may not and must not use KAIFA SYSTEMS
S.L. website neither may register in it.
- KAIFA
SYSTEMS S.L. may review and modify the Terms and Conditions any time by updating
this web page.
- Should
this agreement be modified, we will notify you so with a 30-day prior notice before
the changes becoming effective. Should you not agree with the changes, you must
cancel the service and stop using it before the changes becoming effective. Failure
to do so, the use of the service shall be governed by the terms and conditions so
modified.
- As these
changes shall be binding on you, we suggest you to read these Terms and Conditions
from time to time.
- The use
of the MED SON website or of any of its services shall be regarded as an acceptance
of the applicable Terms and Conditions by the user.
- In the
event of at any time finding this Terms and Conditions unacceptable you may deregister
from KAIFA SYSTEMS, S.L. and subsequently must not use MED SOS in the future.
·
The use of KAIFA SYSTEMS S.L. and its services is a privilege. KAIFA SYSTEMS S.L.
hereby reserves its right to revoke such privilege to any person (or group of persons)
at its sole discretion in any time and for any reason, without an obligation to
give any explanations in that regard and without an obligation to notify the user
so by any means.
·
KAIFA SYSTEMS S.L. hereby reserves its right to provide certain privileges to given
users at its sole discretion in any time and for any reason, without an obligation
to give any explanations in that regard.
·
Any questions relating the use of the MED SOS website and its services must be addressed
to info@medsos.com.
·
- All information provided by the user to our website (the "Information") may not
contain:
·
a) KAIFA SYSTEMS, S.L. reserves its right to remove any URLs or links to user-published
websites.
·
b) Materials under author's rights protection.
·
c) Materials in breach of any other intellectual property rights or in breach of
any confidentiality rights held by third parties.
·
d) Any sexually explicit, obscene, slanderous, defamatory or insulting materials.
·
e) Any materials that me be offensive to third parties.
·
f) Any materials regarded as offensive by KAIFA SYSTEMS, S.L.
·
·
The user may not use the information with the aim of:
a) Adopting a false identity.
b) Posting false, inaccurate or misleading information.
c) Posting chain letters or pyramidal schemes.
d) Posting opinions or warnings, either of a commercial nature or of any other nature.
e) Disclosing the identities of other users.
f) Any activities regarded as inappropriate by KAIFA SYSTEMS, S.L.
KAIFA SYSTEMS S.L. takes no responsibility for the user's activities or conduct.
Nothing in this site must be regarded as a sponsorship or a guarantee regarding
a user or any third parties, either in respect to their websites, products, services
or any other regards.
When posting contents on MED SOS, the user is aware and accepts that KAIFA SYSTEMS
S.L. has the FINAL, unquestionable right to remove the said contents as well as
to extracting, deleting, editing or altering them as deemed appropriate, or either
to refrain from doing so. The user has no possibility of demanding KAIFA SYSTEMS
S.L. any kind of explanation in regard to such actions or omissions.
- The user may not reply to posting by other
users in any way nor by any reasons other than the intended reasons, except through
the channels provided and expressly specified in the website.
- The user may not send emails of a commercial
nature unsolicited by other users of KAIFA SYSTEMS S.L.
- The user may not revise, modify or remove
any materials posted by third parties on the MED SOS website. KAIFA SYSTEMS S.L.
has no obligation to monitor their users' behaviour, but may carry out an investigation
when violations are reported. Users in violation of these Conduct Regulations may
be banned from accessing the website at the sole discretion of KAIFA SYSTEMS S.L.
The user has no possibility of claiming a monetary compensation on grounds of he/she
being denied access to the services provided by this website.
- Any violation
and/or attempted violation of the website's security by the users through any of
the following actions are strictly prohibited, without exclusion of other actions
not listed here below:
1.
Accessing data not provided for the intended user, or access to a server
or to an account of unauthorised access for such a user.
2.
Trying or testing the vulnerability of a system or a network, or breaching
any security or authentication measures without an authorisation to do so.
3.
Interfering with the service rendered to any user, including but not
limited to the sending of a virus to the website, overloading or "flooding" it,
or by means of "mail bombing" or "crashing".
4.
Sending unsolicited emails, including promotions and/or advertisements
of any products or services. Breach of these Security Regulations may result in
civil or criminal responsibilities. KAIFA SYSTEMS S.L. may investigate the events
giving rise to such violations and cooperate with the competent authorities in actions
carried out against users involved.
- KAIFA
SYSTEMS, S.L. hereby informs that, in order for the users to access some of the
website's services, it is necessary to proceed with the collection of personal details.
In accordance with the provisions of the LPD (Organic Law 15/1999, dated December
13, for Protection of Personal Detail) and other related legislation applicable,
KAIFA SYSTEMS S.L. shall proceed to create one or several automated personal details
files in which the necessary details for enabling the use of certain services shall
be recorded. Details given by the users may be queried, modified or deleted by their
owner through the service's personal area or through other means clearly identified
as such throughout the website or through notices sent by the users. Staff responsible
for such details may also be contacted for modification or deletion requests. The
user shall be accountable, at any rate, for the truthfulness of the details provided.
Our user registration system shall keep full privacy of registered users and of
all their details and shall never provide personal information to third parties.
Third parties may be given global details and anonymous statistics on users registration,
however, in no case such details may enable a personal identification a registered
user by third parties.
- Collection
and automated treatment of personal details has the aim of enabling a correct rendering
of the services the user has registered for. Details of registered users shall be
used for generating internal statistics on visitors of our website. Furthermore,
registered users may receive email notices on promotions, prizes, offers, etc. handled
always by KAIFA SYSTEMS, S.L. A registered
user knows and is aware of that the registration information is collected, saved
and store in the servers of KAIFA SYSTEMS S.L. or in the servers or companies supporting
and assisting KAIFA SYSTEMS S.L. The
staff responsible for the file has take all legally required measures regarding
security of facilities, systems and files. Additionally, the staff responsible for
the file guarantees the confidentiality of Personal Details, although it shall disclose
to the competent public authorities any Personal Details and any other information
in its possession or accessible to its systems as required in compliance with the
applicable statutory and legal provisions. KAIFA SYSTEMS S.L. is indemnified against
all responsibilities arising of or in connection with the improper or negligent
use of passwords assigned for website access.
- KAIFA
SYSTEMS S.L. considers the use of the service by you as private.
However, we may obtain access to or disclose personal information about you,
your account and/or the contents of your communications in order to:
(1) comply with legislation or in answer to court or administrative proceedings;
(2) guarantee performance of this agreement and investigate potential breaches;
including the use of this service for taking part in activities that violate the
law or facilitate such a violation; or (3) protect the rights, properties or the
security of KAIFA SYSTEMS S.L., its employees, customers and the public in general.
You hereby state your authorisation to enable access to and disclosure of information
as described herein.
- KAIFA
SYSTEMS S.L. may use technological means or any other means for protecting our services
or customers, or for preventing a breach of this agreement. These means may include,
for example, the implementation of filters for preventing unauthorised e-mail intrusions
or aimed at increasing security. These means may hamper or interrupt your use of
the service.
- In order
to provide the service to you, we may collect certain information on its performance,
your system's performance and your use of the service. It is possible that KAIFA
SYSTEMS may download this information directly from your system, but these details
do not personally identify you.
- The fee
is charged on a yearly basis.
We give you a 1-month extension to allow for your payment (!3 months) and on month
11 we advise you that your yearly contract is about to expire in order to remind
you to pay again.
- The service
fee does not include taxes or phone charges, unless specified otherwise. You are
responsible for any taxes being payable or which we may be forced to collect from
you. You are responsible for the rest of expenses (i.e. phone). Currency exchange
rates are based on the agreements you may have signed with your payment means provider.
It is possible that we may vary the service fee with time; we will inform you about
any changes in advance.
- If specific
duration or fees were arranged for your particular service offer, these shall remain
in force during such time. Upon expiration of the relevant term, new prices shall
be charged accordingly.
- If the
service is provided on a fixed period basis with an unspecified duration, we will
inform you about the relevant date in respect of any changes we may apply on the
fee, Such a date shall not be lesser than 30 days after having notified you about
the price change.
- If you
do not accept such changes, you must cancel and stop using the service before the
changes being effective. If you cancel the service, it shall cease on the final
date of the current service period or, if invoices are sent to your account on a
regular basis, upon termination of the period in which the cancellation takes place.
- KAIFA SYSTEMS S.L. may vary the service or remove
features at any time and for any reason.
KAIFA SYSTEMS S.L. may cancel or suspend the service at any time. Cancellation or
suspension from our part may be made for no reason and/or without prior notice.
Upon service cancellation your right to use
the service is immediately terminated. Once cancelled or suspended the service,
any details kept in the system may not be subsequently retrieved. Should
KAIFA SYSTEMS fully cancel the service without due cause, we shall return you the
amount for any payments made by you on a pro rata basis.
- Return
regulations. Unless otherwise provided by law, charges may no be returned and any
costs associated to returns operations shall be borne by you.
- Mistakes.
You hereby hold us harmless against any responsibilities or claims for losses arising
from or connected to any mistakes not reported to us within 120 days of the mistake's
first occurring. If we are not notified in such
a period, KAIFA SYSTEMS S.L. shall have no obligation to cure the said mistake.
We may correct invoicing errors at any time.
- Service
cancellation. You may cancel the service at any time, with or without any specific
reasons. Certain service offers may entails
cancellation charges and you shall pay for all cancellation charges specified in
the materials described in the offer. Service cancellation from you does not affect
your obligation of paying all related expenses in your invoice account.
- Internet
access service. The service does not include Internet's access, The user shall be
responsible of paying the ISP's service fees.
The user must also pay additional charges incurred by him/her if connecting with
the service through a service phone number while you are in a country other than
your service account's associated country. Verify
the service's information area. In no case shall
be KAIFA SYSTEMS S.L. responsible for any damages, losses or direct, indirect, either
inherent or consequential, arising from this address or its use or inability to
use it or relating to any failure, error, omission, interruption, defect, delay
in operation or transmission, IT virus or online/offline's system failure.
- If you
receive software as part of the service, the use of such a software shall be subject
to licence terms applicable as given herein below. If no licence terms are given
we hereby give you the right to use the software only for using the service you
have been authorised in the number of systems as indicated of systems as describe
in your service offer. KAIFA SYSTEMS S.L. reserves all its other software rights.
- KAIFA
SYSTEMS S.L. may automatically check the software version currently used by you
and automatically upload software updates to your system in order to update, improve
and enhance the service.
- Unless
specified otherwise, your software's licence of use shall expire on your service
termination date and you must immediately uninstall such a software. KAIFA SYSTEMS
may disable the software after the service termination date.
- The user
is not authorised to disassemble, decompile or use any reverse engineering techniques
with the software included with the service, except for and only in the extent of
such an activity being permitted by the applicable law.
- You must
comply with all laws and regulations both domestic and international applicable
on software exports. This regulations may include
restrictions on destinations, end users and end utilisation. More information may
be obtained from the link
http://www.KAIFA SYSTEMS S.L..com/exporting.
- KAIFA
SYSTEMS S.L. may provide you with credentials for our authentication network in
order to enable you to use the service. You are the sole responsible for any transactions
carried out with third parties using our authentication network. The clauses of
this agreement shall always apply when using the credentials obtained with the services.
If we cancel your credentials, your right to use our authentication network shall
terminate immediately.
- The use
made by you or by any third parties out of these credentials is the user's sole
responsibility. The user is who decides if he uses them or not or whether
who may or may not use them.
- KAIFA
SYSTEM S.L. shall provide a credential for each user within fifteen working days
starting from the date of registration with our services.
If you do not receive the requested credential with this period you must
notify so in order to arrange for cancellation of such a credential and issue of
a new one.
- In the
events of theft or loss of the said credential, you must notify the relevant circumstance
immediately in order to proceed to cancellation and issue of a new one.
The use made of the lost or stolen credential is entirely the user's responsibility
until notification of the circumstance to KAIFA SYSTEMS, S.L.
- You may
not assign this agreement in full nor any part hereof to any third party. Any attempt
to do so shall be null and void. You may not
assign this agreement to any other person, either on a provisional or a permanent
basis, nor part of the service neither any right to use thereof.
- This agreement is made in an electronic format. KAIFA SYSTEMS S.L. hereby undertakes to send you certain
information relating the service and it is entitled to send you certain additional
information. There may be other service-related information of mandatory delivery
by law. KAIFA SYSTEMS S.L. may send you such information in electronic format. You
are entitled to revoke this consent, but if you do so KAIFA SYSTEMS shall be entitled
to cancel the service you have contracted. KAIFA SYSTEMS S.L. may provide you with
additional information through the following means:
o
by e-mail, to the address specified at the time of registration in the service;
o
through access to a website maintained by KAIFA SYSTEMS, S.L. as specified by an
email communication sent upon the information becoming available; or
o
through access to a website maintained by KAIFA SYSTEMS, S.L. to be determined generally
in advance to such purpose.
- Notices
sent by you through email shall be regarded as successful and received on the date
of sending the message. If you do not consent received notices by electronic means,
you must stop using the service.
- KAIFA
SYSTEMS S.L. may occasionally offer you a choice of products and services. The presence
of a product or service in our website at a given time does not provide any guarantee
that such a product or service shall be available on a continued basis. KAIFA SYSTEMS
S.L. is not bound to keep offering any product or service over time, nor to keep
data relating any product or service, neither to make back-up copies or keeping
gratuity or access conditions provided at the time the user registered for such
a product or service. The user shall not therefore have the right to claim restoration
of access, contents, documents, passwords, conditions, user names, or other types
of data relating to a service he purchased or used at a given moment.
- Additionally,
the services offered by KAIFA SYSTEMS S.L. may be handled by any third parties who
may eventually apply their own terms and conditions of use, being those third parties'
responsibility the treatment and handling of the user details.
- KAIFA
SYSTEMS S.L. is not obligated to warn of such a circumstance and may unilaterally
terminate at any moment any agreements signed with third parties with no obligation
to maintain the service or keep offering the users the service or contents posted
in connection thereof.
- MED SOS
is a private website and therefore KAIFA SYSTEMS decides upon the contents that
may or may not be hosted on its website; the users who may or may not access it;
access privileges of such users, and the type of materials that may be posted or
accessed to. The decision made by KAIFA SYSTEMS in that regard is final.
- The user
undertakes to defend and hold KAIFA SYSTEMS S.L., its officials, directors, employees,
agents, and companies providing their services in their capacity of support, and
hosting providers, etc. harmless against any claim, action or ligation, including
but not limited to legal fees resulting from their use of the website, its Contents
or arising from any violation of these Terms and Conditions.
- KAIFA
SYSTEMS S.L. MED SOS website contains hyperlinks to other third parties websites.
These hyperlinks are only given for user's convenience and are not sponsored by
KAIFA SYSTEMS S.L. Besides, KAIFA SYSTEMS is not responsible for the contents of
such hyperlinked third parties websites nor it makes any representations as to contents
and materials posted in these websites. Should the user decide to access the hyperlinked
third parties websites, he may do so at his/her own risk.
- We use
the visitors' IP address in order to help diagnose issues with our server, administer
our website and be able to keep or statistics application updated so as to achieve
the functionality and full flexibility of our website system. Furthermore, the said
IP address may be stored in order to prevent any accesses from it to our website
or in regard to security reasons, being understood that this information is freely
and willingly given by the user and may be used by KAIFA SYSTEMS S.L: provided these
Terms and Conditions and applicable privacy policy are complied with.
- This IP
address may be made public in certain instances, as for example, when using chat
rooms, forums, blogs, etc. As a user, you must bear this contingency in mind.
- When the
user is navigating our website he/she may received cookies in his/her computer sent
from our server or on our behalf from servers of third party companies to whom we
may have commissioned advertising or audience measurement services. Under no circumstances
the companies which the cookies may be sent from are to know personal details on
users. In the event or their reception being permitted, you are entitled to know
the server they were sent from; in order to do this you must refer to your Internet
browser's operating instructions.
- They do
not provide any personal details and enable our server hosting our website recognise
the user's browser in order to allow for an easier navigation.
They may also allow, provided the User has previously registered, access
to exclusive contents for users registered in our web, without the need of registering
in each visit.
- The User
may configure his/her browser to enable display of on-screen notice of cookies being
received by his/her computer. Likewise, the user may prevent installation of cookies
in his/her computer; in order to do so he/she must refer to his/her browser's operating
instructions.
- For instance,
a "Cookie" may be used for collecting statistical information on what the users
find interesting or useful in a particular website. These Cookies are known as "Unique
Visitor Cookies"; they are a small data item or number that differentiates your
computer from the rest. This information does not enable your identification. This
information is sent to your browser from the web server and it is stored in your
hard disk. Through modification of the browser settings a user may choose to accept
or reject all cookies.
- Personal
details of people requesting our services and other persons with whom we may established
a relationship during the course of our business activity may be collected. However
we only collect personal details online if provided by you. For example, through
this website we may collect personal information that you may send us by filling
a form.
- We use
this personal information for the intended purposes or related matters. For example,
we may use and communicate personal information in order to make sure you received
the services requested, or in order to keep you informed about our services (unless
you request us not to contact you regarding the latter). We will not use nor communicate
personal information on you for any other purposes without your prior consent. This
website contains a mailing list for the sending of commercial information. You may
freely choose to receive such correspondence. In order to delete your name from
this mailing list, just cancel your subscription by sending an email to info@medsos.com.
In this manner you may control how your personal information is used.
- No personal
details shall be sold or provided to any mailing lists. Personal information may
be shared by third party providers and with service providers (including independent
providers) who undertake to provide services to us. In all cases these third parties
are bound by contract to keep such an information confidential and to respect its
privacy. They are not authorised to use this information for purposes other than
providing their services.
- Whenever
this website is visited we will collect certain information, such as your IP address,
the pages you have visited and the situation prior to accessing the web site. This
information shall not identify you and therefore it shall not be treated as "Personal
Information". At any rate we underline this here so you are fully informed about
the types of information we collect.
- All provisions
herein shall apply to the maximum extent permitted by the applicable law. It is
possible a court shall regard a provision herein as not applicable as currently
drafted. If that were the case, said provision shall be replaced by other conditions
more accurately suitable for the purpose on the inapplicable provision.
The rest of this agreement shall not be altered. This agreement is the total
agreement between KAIFA SYSTEMS S.L. and you regarding the use of the service and
supersedes any prior agreements or statements relating to the use of the service.
- This agreement
is entered into between you and the business company KAIFA SYSTEMS S.L. Both parties,
you and KAIFA SYSTEMS S.L. irrevocably appoint the courts of
Madrid
(Spain) as the judiciary bodies with competent jurisdiction
for settling any conflicts arising from or in connection with this agreement, expressly
waiving any other jurisdiction they may be entitled to.
COPYRIGHT
Intellectual property rights applicable to these pages and to the screens displayed
therein as well as to the materials and information appearing in them as well as
to their disposal belong to KAIFA SYSTEMS, S.L.
unless otherwise specified. Our website users undertake not to reproduce, modify,
display, sell or distribute its Contents, not using them in any other way for commercial
or public purposes even if citing the original source. This prohibition extends
to copying and adapting HTML code used for generating websites in the KAIFA SYSTEMS
S.L. website as well as to all graphical materials provided, including buttons,
bars, wallpapers, logos, pictures and others not expressly mentioned in these Terms
and Conditions, except for the instances in which KAIFA SYSTEMS states otherwise
in a highly visible place.
MED SOS website and all domains
pointing to it, including those offering services under its brand are edited and
maintained by KAIFA SYSTEMS S.L. KAIFA SYSTEMS S.L. is registered with the Companies
Register of Madrid, in Volume, Sheet, Section, Record, Insert, with Registration
Number
Notices from KAIFA SYSTEMS S.L. addressed to you; consent regarding electronic notices.