General Licence Terms and Conditions User
1. SUBJECT
1.1 These general terms and conditions (the “General Terms and Conditions”) govern the terms concerning the licensing and use of the software, necessary for the use of the CAMEConnect system (“CAMEConnect” or the “Service”), which includes (i) the web interface via the website www.cameconnect.net (the “Website”); (ii) the smartphone application (the “App”); (iii) firmware and software; and (iv) hardware devices (the “Hardware”).
1.2 The App is intended for users who are operating for purposes not attributable to their own business, commercial, craft or professional activities (the “Users”).
1.3 In order to access the Service, upon activation, the User must fill in a form (the “Registration Form”) available on the Website, providing some personal data. Together with the Registration Form, the General Terms and Conditions constitute the agreement between the User and CAME S.p.A. (respectively the “Agreement” and “CAME”).
1.4 Except in the case of a breach of CAME’s computer systems by third parties, the User shall be exclusively responsible for the confidentiality of the data in his/her account, including the password, as well as for any activity originating from the same account. In the event of unauthorised use of the account, the User must immediately notify CAME in writing as indicated in Article 11 of these General Terms and Conditions, so the account can be blocked.
1.5 The login credentials – username and password – chosen by the User upon registration are strictly personal and must be kept safely by the User. Once the User has connected his/her account to the system, CAME will no longer be able to disconnect it and the User will be the only one who can do it by using his/her own credentials and the agreed upon disconnection procedure.
1.6 By accepting the General Terms and Conditions, the User declares that he/she is aged 18 or over and has all the necessary requirements to accept the terms contained therein, and recognises the mandatory nature of the aforementioned Terms.
1.7 In particular, the User undertakes:
- not to use the Service, the information and the material contained therein, for illegal purposes or in any case purposes that contradict the applicable laws and legislation in force, or in violation of the rights of third parties;
- to act in good faith while using the Service, as well as to provide correct and truthful information when registering personal data;
- to use the Website only to benefit from the related Services;
- not to use the Website to introduce, publish or disclose unlawful content; in that case, the User must release CAME from liability and hold it harmless from any consequences arising from behaviour that does not comply with the Service and harms other rights implemented by the User.
2. SOFTWARE LICENCE AND INTELLECTUAL PROPERTY
2.1 The Service Owner (including firmware, software and the Website) is CAME S.p.A., Via Martiri della Libertà 15, 31030 Dosson di Casier (Treviso), Italy.
2.2 With the stipulation of the Agreement, CAME grants the User an indefinite, non-exclusive, revocable, limited, personal and non-transferable licence on the software, to be exercised exclusively in accordance with the terms of the Agreement.
2.3 The User shall be exclusively responsible for the use of the software and, to this end, undertakes not to use it with applications other than CAMEConnect and/or in relation to products other than those made available by the CAME Group.
2.4 The User shall, nevertheless, remain responsible for acquiring the necessary technical tools and accessories to support the use of the software. The User acknowledges that the Apps may not function with some smartphone or tablet models. The User declares that he/she is aware of the fact that the integration and correct functioning of the devices and the Apps may depend on: the GSM signal quality, the Wi-Fi signal quality and bandwidth usage, the type of contract that the User has for his/her home internet access, the type of data contract that the User has on his/her smartphone and/or limitations on data traffic imposed by mobile operators or internet providers. Should one of these elements not comply with the requirements for device operation, CAME shall be fully exempt from any liability for any malfunctions.
2.5 CAME shall remain the exclusive owner of all rights relating to the Service, including trademarks, patents and confidential information connected to the same. Consequently, by entering into the Agreement, the User shall not acquire any right, title or interest in relation to any intellectual property rights, copyrights or other proprietary rights, including patents, designs, trademarks, copyrights, rights on databases, web domains, commercial or confidential information, proprietary secrets or secrets available to CAME.
2.6 The User acknowledges that the software, together with the related documentation, are licenced exclusively to the User. Moreover, the use of the Service must comply with the applicable provisions of the law, and in particular those regarding the protection of copyright and/or other industrial or intellectual property rights. The User shall therefore be prohibited from:
- copying (with the exception of backups), assigning, reselling, sub-licensing or marketing the software in any form, in whole or in part;
- modifying, de-compiling, disassembling or reverse engineering the Software;
- using the software for purposes other than operating CAMEConnect;
- removing any reference to CAME’s property rights relating to the software and CAMEConnect.
2.7 The commercial names, trademarks and logos referenced on the Website are the exclusive property of CAME. The User is therefore strictly forbidden from using, reproducing or inserting them in other websites or making any other use of the Website content without the prior written consent of CAME.
3. THE SERVICE
3.1 Any updates relating to use of the Service will be published on this page by CAME.
3.2 The Service is free. CAME, nevertheless, shall be entitled to begin charging a fee for the same Service, subject to appropriate notice to the User, who may withdraw from the Agreement pursuant to Article 7.1.
3.3 Before filling out the Registration Form, it shall be the User’s responsibility to inquire about the content of the General Terms and Conditions and, in particular, of any fees that shall be expressly indicated in the Registration Form. For the duration of the Agreement, CAME shall nevertheless be entitled, at its discretion, to make changes to the prices, characteristics and General Terms and Conditions associated with the Service, together with the User’s relative right of withdrawal pursuant to Article 7. CAME shall communicate any such changes on this page. In that case, the User may withdraw from the Agreement in accordance with article 7; failure by the User to exercise the right of withdrawal within 30 (thirty) days will imply that he/she has accepted said changes.
3.4 The User acknowledges that correct use of the software assumes that he/she is in possession of an operator, home automation system, burglar alarm, heating control and/or video surveillance system manufactured by CAME, which has been enabled for remote management;
3.5 Moreover, the User acknowledges that, in order to use the Service, an internet connection is required, the costs of which shall be borne exclusively by the User. The User also declares that he/she has been made aware of the fact that it could be necessary to have a SIM card to connect to the internet. For RGSM/RGSMS devices, the estimated data consumption for average use (i.e. approximately 10 manoeuvres per day) is less than 200 MB/month per operator, while it remains understood that the real traffic depends on the actual use of the operator.
3.6 If the App is used or the Website is accessed via a mobile device, the User can authorise activation of the geolocation service, allowing for the position of the devices to be determined, including specific geographical positions, for example via GPS, Bluetooth or Wi-Fi.
3.7 The User acknowledges that the remote support service provided by a technician can only be activated by associating his/her account with that of the technician, who can thus run remote diagnostics. The choice of the technician to use to connect his/her account, and the actual connection will depend solely on the User, who therefore hereby releases CAME from any liability with respect to the work of the technician chosen.
3.8 The User agrees that if he/she cancels his/her registration or disconnects the system using the required procedure, CAME will not be able to guarantee any technical assistance. The data provided by the User when registering/connecting will be kept in the database in anonymous form for 30 (thirty) days after the cancellation of the registration for the sole purpose of being able to respond to any complaints. After that period, the data collected when registering/connecting will be definitively cancelled and it will be no longer possible to recover them.
3.9 The Service can only be used by Users residing in one of the Countries listed in the Registration Form.
4. CONCLUSION OF THE AGREEMENT
4.1 In order to acquire the Service and activate any related subscriptions, it is first necessary to register on the Website and submit the Registration Form.
4.2 The publication of the Service on the Website represents an invitation to the User to formulate a contract proposal, which shall be sent by filling out and submitting the Registration Form. CAME reserves the right to decide whether to accept this proposal or not.
4.3 The Agreement shall be considered concluded at the time between the moment in which the Service is activated and the moment in which the activation confirmation email is sent to the User, at the email address indicated by the User on the Registration Form.
5. CONSIDERATION AND PAYMENT
5.1 Where provided for, the fee for the Service indicated on the Website (the “Consideration”) is expressed in Euro.
5.2 Unless otherwise specified, the Consideration shall be understood to include VAT and, where applicable, any indirect taxes.
5.3 Where a Consideration is provided for, the User must pay CAME the sum indicated in the Registration Form, according to the timeframes indicated therein.
5.4 When filling out and submitting the Registration Form, where a Consideration is provided for, the User shall be automatically directed to the website of the entity responsible for managing the online payments. CAME reserves the right to verify the identity of the credit card holder by requesting adequate documentation.
5.5 Where the service is provided for a fee, provision shall begin only when the relative payment has been correctly received by CAME. If CAME does not receive the required payment within 10 working days of the due date, it may immediately suspend the Service and terminate the Agreement, providing written notice of the same to the User.
6. RIGHT OF WITHDRAWAL
6.1 The User is entitled to withdraw from the Agreement, without any penalty, within 14 calendar days of its conclusion.
6.2 The User may exercise the right of withdrawal pursuant to the above using the mechanisms described under article 7.1 below, the User; in this case CAME shall immediately send an email to the User confirming receipt of the User’s request for withdrawal.
6.3 Where the right of withdrawal has been exercised legitimately and correctly, the User shall be reimbursed any sums already paid to CAME, within 14 days of receipt of the withdrawal notice, using – unless otherwise indicated by the User – the same payment method. Where, at the time the User exercises his/her right of withdrawal, the provision of the Service has already begun at the express request of the User, CAME shall be entitled to withhold a reasonable fee for the use of the Service, proportional to the period of use.
6.4 The User acknowledges that, in the case of full withdrawal, CAME shall delete the User’s CAMEConnect account. The system shall therefore no longer be accessible to the User.
7. DURATION OF THE SERVICE
7.1 Registration to the Service is granted on an indefinite basis. The User may withdraw from the Agreement at any time without any penalty or compensation, it being understood that the withdrawal shall be effective within 30 days of the date on which CAME receives the withdrawal notice. The User may withdraw on an independent basis using the specific procedure described on the website. CAME shall send an email to the User confirming receipt of the User’s request for withdrawal.
7.2 CAME may in turn withdraw from the Agreement at any time, without any indemnity or compensation being due to the User, it being understood that the withdrawal shall be effective from the last day of the month in which CAME notifies the User of the withdrawal.
7.3 CAME will have the right, at any time, to phase out any system usable in connection with the Service due to technological updates or developments of the products without this making CAME responsible for any reimbursement or having to pay any compensation.
7.4 The provisions set out in paragraph 6.4 above shall in any case remain valid.
8. EXPRESS TERMINATION CLAUSE
8.1 In the event of non-payment of the amount referred to in Article 5 and/or in case of violation of the terms set out in Articles 2.3 and/or 2.6 and/or 2.7, CAME reserves the right to suspend the Service and/or terminate the Agreement, with immediate effect. In such cases, the termination shall take place, to all effects and purposes, upon receipt by the User of the notice sent by CAME, without the need for any prior warning and without prejudice to compensation for damage.
9. PROVISION OF THE SERVICE. LIMITATION – DISCLAIMER OF LIABILITY
9.1 CAME undertakes to ensure the continuous provision of the Service.
9.2 CAME shall do everything in its power to schedule system updates and/or maintenance in such a way as to ensure Service continuity. In case of non-routine and/or unscheduled maintenance work, CAME shall take all necessary steps to minimise the inconvenience to the User.
9.3 In the event that any shortcomings in the Service level provided are due to causes not attributable to CAME such as unforeseeable circumstances, force majeure, technical problems relating to the internet, third party software or hardware, interference and/or particular weather conditions, power and/or other utility outages, CAME shall not be in any way responsible for the failure to supply the service or for the defective provision thereof, nor shall it be liable for any related loss, damage or injury to the User.
9.4 Moreover, CAME shall not be liable for any illegal conduct or damage suffered by the User, resulting from assistance, maintenance and/or any other activity provided by the installer.
9.5 Objections to any disruptions to the use of the Service that may be attributed to CAME will have to be made in writing within 15 days of the disruption in question occurring.
10. USER DATA AND PROTECTION OF PRIVACY
10.1 The use of the Service through the Website and the use of the App assume the provision, on the part of the User, of some personal data necessary for the supply of the Service. To this end, the User undertakes to communicate correct, up-to-date and truthful data necessary for the execution of the Agreement.
10.2 The User’s personal data shall be processed by CAME in the manner specified in its Privacy Policy.
10.3 The User acknowledges that CAME will store a record of events connected to use of CAMEConnect by the User for a maximum of 60 (sixty) days after the activity and/or event. After this time, CAME will no longer be able to provide any further information.
10.4 The User also agrees that by connecting his/her account to that of the technician in accordance with article 3.7 above, he/she agrees to provide his/her personal data to the technician, who will therefore become the data controller for the data in accordance with the European law set out under Regulation (EU) no. 679/2016 (GDPR).
11. NOTIFICATION
11.1 Any communications from the User connected and/or in any way related to the Agreement, including complaints, reports, requests concerning the purchase and/or supply of the Service, intervention requests, with the exception of requests to exercise the User’s rights pursuant to EU Regulation no. 679/2016, must be emailed to support.cameconnect@came.com by filling in and attaching the form available here.
12. APPLICABLE LAW
12.1 The Agreement is governed by Italian law and, in particular, by Legislative Decree no. 70 of 9 April 2003, on certain aspects concerning e-commerce and, for residents in Italy, by Legislative Decree no. 206 of 6 September 2005, “Consumer Code”, with particular reference to the regulations on remote agreements.
12.2 The rights attributed to the User by mandatory legal provisions in force in the State of residence or domicile shall, in any case, remain unaffected.
13. DISPUTES
13.1 For any dispute arising from or relating to the Agreement, the following shall have exclusive jurisdiction:
a) the Court of the place of residence or domicile of the User, if located on Italian territory;
b) the Court of Treviso (Italy), if the residence and domicile of the User are located outside Italian territory.
14. VARIOUS
14.1 The Agreement constitutes the full agreement between the Parties with respect to what has been defined herein and supersedes any previous contracts, agreements and negotiations pertaining to the same subject matter.
