This document establishes the General Conditions of Access and Use of www.mootiv.app website (Henceforth, Conditions), property of INTELLIGENT SYSTEM VITALE S.L. VAT: B71117659. Registered address: Calle Pedro de Atarrabia, 17 -31610- Villava (Navarra), registered in Registro Mercantil de Navarra, Volume 1.648 sheet 189 page nº NA -32704. Access to/or usage of INTELLIGENT SYSTEM VITALE SL website from users, is conditioned to prior reading and expressed and unqualified acceptance of the current Conditions existing in the moment of access. If the user disagrees with the current Conditions, he/she will have to refrain from using this site and operate through it. The user is fully aware that merely using this website, as well as using its services, implies acceptance of current Conditions.
1. Contractual documentation and Information. Contract acceptance
Current General Conditions as well as Contract General Conditions of different services at the User disposal in the website www.myvitale.com are exposed permanently in the website www.myvitale.com (henceforth “Website”), being all the users able to file them, print them, and therefore, being able to be previously informed of the access conditions and website usage as well as the contract conditions under which services will be delivered.
Regarding to contracting the services from the users behalf, when taking place, and no longer that 24 hours, INTELLIGENT SYSTEM VITALE S.L. will send to the user´s email address specified in the registration form, an order form or corresponding invoice describing the booked service , cost, detailed taxes if applied, and contracted period. Sending the corresponding invoice implies confirming that the contract has taken place. Furthermore, the contracting party will have permanently available the General Conditions as well as all the General Conditions of Contracting in the private area as well as specific services contracted and their period of validity along with an invoice justifying the payment. Any modification after present General Conditions or Contract General Conditions of services will be notified on the one hand, to the contracting party by email 15 days before and on the other hand clearly specified in the Website. All the documents expressed before, can be printed and filed by the Contracting party who can apply for it at anytime at the Customer Service Department by email at email@example.com
It is not technically possible that a user can complete a request form without accepting the current General Conditions. In order to accept them and therefore apply, he must be previously registered as a user in INTELLIGENT SYSTEM VITALE SL completing an application form which if sent implies getting a user name and password to access the contracting party private area and the acceptance of current conditions. Accepting current conditions implies unconditional consent to INTELLIGENT SYSTEM VITALE S.L. to take the relevant actions required to collect the payment for the services contracted. Therefore, the user expresses unconditional consent to INTELLIGENT SYSTEM VITALE S.L. to collect payment in the chosen payment method selected in a secured area, and therefore, the transactions, either by direct debit in the contracting party bank account or card debit, or any other chosen payment methods are considered authorized according to the payment services law.
Any information application or relevant claim can be raised to the Customer Service Department as previously identified. The Service will acknowledge receipt of the claim sending the proof -with the corresponding code- to the email address which must be provided to the Customer Service Department to deal with the claim. After receiving the application form or claim by any mean previously mentioned, INTELLIGENT SYSTEM VITALE S.L. will analyze the issue and it will provide an answer as soon as possible, which will never be more than 15 days from the day INTELLIGENT SYSTEM S.L. has received the claim form.
INTELLIGENT SYSTEM S.L. Website has been created to provide online professional services and enable users in that way to have easy access to information about them as well as to INTELLIGENT SYSTEM VITALE S.L. and additional information which INTELLIGENT SYSTEM VITALE S.L. includes directly through the relevant links. From INTELLIGENT SYSTEM VITALE S.L. website users will be able to hire and manage the services offered.
3. Accessibility and Usage conditions
Using www.myvitale.com does not oblige to subscribe or register. This registration is only necessary to contract services by introducing certain data in a user registration form where it is reiterated the current General Conditions –see clause 1- The access conditions and INTELLIGENT SYSTE VITALE S.L. Website usage, is strictly guided by the current legislation and the good faith principle through which the user undertakes using the website in an appropriate way. It remains prohibited all the acts which damage legality, rights or third party interest, right to intimacy and honor, data protection, intellectual property and in the end any action which conveys illicit behavior. INTELLIGENT SYSTEM VITALE S.L. forbids explicitly, and not limited, to:
- Carry out actions which can damage in the website or through the website any damage to INTELLIGENT SYTEM VITALE S.L.’s system or to third parties.
- Carry out unauthorized publicity or commercial information either directly or indirectly, unsolicited mass mailing (“spamming”) big messages with the aim to block the network server (“mail bombing”).INTELLIGENT SYSTEM VITALE S.L. receives from impartial organizations fighting against this type of conduct, notifications when an INTELLIGENT SYSTEM VITALE S.L user or contracting person sends unsolicited massive email. INTELLIGENT SYSTEM VITALE S.L. will not assess whether the sent addresses to whom the contracting person has sent unsolicited mail, were obtained with the holder´s agreement but it will always act when an organization dedicated to fight this type of activities will inform the company –this type of organizations receive complaints from users who receive unsolicited mail- and therefore if the contracting person do not abandon the usage of these practices INTELLIGENT SYSTEM VITALE S.L. will immediately cancel the service and it will resolve the current contract, and reserves the right to exercise legal actions that could consider opportune, to protect its interests.
- Use programs designed to cause problems or cyberattacks.
- Pilot user´s security carrying out any type of unnecessary action to use the service on the user´s behalf.
INTELLIGENT SYSTEM VITALE S.L. will be able to interrupt accessing the website anytime, if the company detects the site is being used in an unlawful manner, not in good faith or not according to current General Conditions –see clause 7-.
The content displayed in INTELLIGENT SYSTEM VITALE S.L. Website, has been created and included by:
- INTELLIGENT SYSTEM VITALE S.L. using internal and external sources in a way that INTELLIGENT SYSTEM VITALE S.L. is only responsible for the internal sources created.
- Users, through collaboration or voluntary content input being them the content responsibility holders and remaining INTELLIGENT SYSTEM VITALE S.L. expressly exempt from any kind of responsibility which can derive from them.
- Natural persons and Legal persons outside INTELLIGENT SYSTEM VITALE S.L. through collaborations embedded in the website or through links, being them responsible of the content input in this way and remaining INTELLIGENT SYSTEM VITALE S.L. exempt from any kind of responsibility established in Spanish legislation.
Additionally, INTELLIGENT SYSTEM VITALE S.L. website, provides users with products and services belonging to INTELLIGENT SYSTEM VITALE S.L. as well as to third parties aimed to be commercialized and which will be subject to particular General Conditions. INTELLIGENT SYSTEM VITALE S.L. does not guarantee the content´s authenticity, accuracy and actuality related to the services offered by third parties and it is expressly exempted to any kind of responsibility from any damage derived from mistakes in the services characteristics offered by the third parties.
Users willing to establish a hyperlink from their website to INTELLIGENT SYSTEM VITALE S.L website will not carry out any illegal usage or contrary to the information services and products´ good will available in the website. In particular, users entering a hyperlink or link agree to:
- Do not destroy, damage or alter the content, services or products displayed to the user in INTELLIGENT SYSTEM VITALE S.L. website
- Do not declare that INTELLIGENT SYSTEM VITALE S.L. assumes the supervision of the hyperlink or the contents of the user’s own website that introduces a link to the website of INTELLIGENT SYSTEM VITALE S.L. on his/her own website. INTELLIGENT SYSTEM VITALE S.L. will not be responsible in any case for the contents or services of the user’s web where a hyperlink or link to the website of INTELLIGENT SYSTEM VITALE S.L. is provided.
- Do not include in his/her own website the brand, trade name or any distinctive name belonging to INTELLIGENT SYSTEM VITALE S.L. without being previously authorized by the company.
The existence of hyperlinks in other websites which allow access to INTELLIGENT SYSTEM VITALE S.L. will never imply the existence of business relations or commercial relationships with the website holder where the hyperlink is embedded. INTELLIGENT SYSTEM VITALE S.L. will not accept the content or services of the website holders either.
5. Personal Data Protection
In compliance with the EUROPEAN PARLIAMENT AND COUNCIL REGULATION 2016/679 of 27 April 2016 on the protection of natural persons with regards to the processing of data and on the free movement of such data, and repealing Directive 95/16/CE (General Data Protection Regulation) we inform:
INTELLIGENT SYSTEM VITALE S.L. uses data in a fair, legal and transparent way. The company processes appropriate relevant and limited data for the specific and legitimate purpose thy are obtained for, and it does not processes those for an incompatible use.
Users are responsible of the data veracity and currentness provided to INTELLIGENT SYSTEM VITALE S.L. being considered current and exact the data provided by them.
To access and/or navigate www.myvitale.com website it is not necessary to provide any data. Compulsory field show an asterisk (*) after the question of application form field. If this information is not provided, it will not be possible to provide the service requested.
Users must refrain from providing personal data related to other interested party, unless being explicitly authorized. In such case the interested party must have been previously informed about the content displayed in the current Private Policy and in particular that they agree to provide their personal data to INTELLIGENT SYSTEM VITALE S.L. to be processed according to the corresponding aim. At all events, INTELLIGENT SYSTEM VITALE S.L. will cancel all data registered as soon as they will not be relevant to the purpose they were originally collected for, being able to store them-duly blocked-during the time when any type of responsibility can be requested. This can be related to a legal relationship or legal obligation or contract enforcement or pre-contractual measures taken in response to the data subject´s request.
INTELLIGENT SYSTEM VITALE S.L. is not passing data to third parties, unless there is a Law or a communitarian law issues instructions to the contrary, or if it is necessary to offer the service requested. If this is the case, it only communicates the essential data to manage the users request and carry out the agreed services in a way that the data transfer is due to the free and legitimate acceptance of a legal relationship which exits between the interested party and INTELLIGENT SYSTEM VITALE S.L. which development, control and compliance implies necessary data connection and it includes the necessary transfer. A user leaving a comment or interacting with www.myvitale.com or with social networks must acknowledge that relevant personal data will be published in the context the user acts, meaning, it is being expressly authorized the users data communication-link to the action carried out to the rest of users accessing the website or social network.
In order to know our Installation Policy and our store device management and data recovery in terminal equipment access our Cookies Policy.
Access conditions and data processing of INTELLIGENT SYSTEM VITALE S.L., as data processor , are regulated in the Contracting General Conditions of the corresponding services.
6. INTELLIGENT SYSTEM VITALE responsibilities
INTELLIGENT SYSTEM VITALE S.L. will not be responsible of the mistakes, access delay, system delay or any other type of anomaly which can arise due to problems in the Internet, causes of Act of God or force majeure or any other unforeseeable circumstance and therefore external to the company´s good will. INTELLIGENT SYSTEM VITALE S.L. is committed to solve these issues providing all required support to solve the problems as fast and satisfactory as possible. Furthermore INTELLIGENT SYSTEM VITALE S.L is not responsible of potential error in the communications, delete or incomplete transitions, therefore not been guaranteed that the website will operate at all times in situations where INTELLIGENT SYSTEM VITALE S.L. will not be responsible or when the company will not be able to solve the problem. The user exempts INTELLIGENT SYSTEM VITALE S.L. responsibility if any of these issues arises.
Under no circumstances INTELLIGENT SYSTEM VITALE S.L. will be responsible for the mistakes or damages derived from the inefficient usage and bad faith from the users behalf. INTELLIGENT SYSTEM VITALE S.L. will not be responsible either of the greater or lesser consequences due to the lack of communication between INTELLIGENT SYSTEM VITALE S.L. and the contracting person when being related to the email malfunction or contracting person data falsehood in user registration at www.myvitale.com.
INTELLIGENT SYSTEM VITALE S.L assumes the responsibilities caused for the service provided according to the limits specified in the Contracting of General Conditions for the services made available for the user.
7. User Responsibility
Access to our website is under user´s responsibility, which will be accountable for damages caused to third parties or to INTELLIGENT SYSTEM VITALE S.L. The user takes responsibility derived from de website, being responsible of any action resulting in the website, including but not limited to all the economic results, technical and /or legal , as well as the general expectative fraud of the website, enforcing the user to hold harmless INTELLIGENT SYSTEM VITALE S.L from any claim derived directly or indirectly from these grounds.
The breach of current Conditions as well as developing any activity contrary to INTELLIGENT SYSTEM VITALE SL Contracting Conditions will imply losing the user condition and therefore access to the control panel. In case of losing user condition, INTELLIGENT SYSTEM VITALE S.L will communicate it to the user with the aim of allowing to move the active services to other suppliers within the indicated period. Preceding this time the services affected explained in the Contracting General Conditions corresponding to the service, will be cancel.
7.1. Service good practice
The user is obliged to make good use of the service and therefore not using it in bad faith for any practice forbidden by law or rejected by trade usages. INTELLIGENT SYSTEM VITALE S.L is authorized by means of the current General Conditions to inform competent authorities of any illegal action carried out by the user from the moment the company has firsthand knowledge. The user will be the only responsibility holder facing any legal judicial or extrajudicial actions started by directly damaged third parties in Courts and any other Authority. The user will take responsibility of all expenses costs and compensations incurred which INTELLEGENT SYSTEM VITALE S.L. where appropriate might undertake if the claim is addressed to the company. Furthermore, INTELLIGENT SYSTEM VITALE S.L will collaborate and it will notify the competent authority these incidences from the moment the company will have firsthand knowledge the damages represent any type of illicit activity, mostly in the content area input by the user which can violate legitimate rights or interests concerning to INTELLIGENT SYSTEM VITALE S.L. or third parties.
7.2. Reliable knowledge
If INTELLIGENT SYSTEM VITALE S.L. receives any type of information from a third party concerning illicit content or activity carried out by the user with regards to INTELLIGENT SYSTEM S.L. services, whenever this information will be received in a way the caller identify himself/herself correctly, will inform the user and in case the activity will be expressly illicit the service will be blocked. For this activity to be expressly illicit, the illegality must be unambiguous for anyone accessing to these contents. Regarding specific cases such as copyright, or libel and calumny INTELLIGENT SYSTEM VITALE S.L. cannot resolve if the user has the right to display the content or to decide if the content has evidence of libel and calumny being only responsibility of the authority competent to point the unlawfulness and hence stop the service.
7.3. Access Key Store and Custody
User will be responsible for the security and privacy of all codes to access the private area -which are granted when registering as a user- to contract the services. The user must store them in a safe place to prevent access from unauthorized third parties.
7.4. Due diligence
The user is responsible of carrying out compulsory duties diligently. The user must be specifically diligent for data update and veracity, essentially the main email address specified in the user application form INTELLIGENT SYSTEM VITALE S.L. –clause 8-.
INTELLIGENT SYSTEM VITALE S.L. and the user agree to communicate and notify any incidence occurred during the contract mainly through email. INTELLIGENT SYSTEM VITALE S.L. email to carry out this information is firstname.lastname@example.org, and the user will provide the email when completing the user registration form in INTELLIGENT SYSTEM VITALE S.L. at www.myvitale.com or a different one, used to contact INTELLIGENT SYSTEM VITALE S.L. The user agrees to have this email operative and to modify it at the private area if required in order to continue receiving information. In case any serious problem arises or there would be any failure in the previous communication, the notifications will be carried out by telephone, fax, mail, courier or any other appropriate system. However, email is the preferred means of communication, being INTELLIGENT SYSTEM VITALE S.L. exempt from any type of responsibility derived from email error or lack of visiting the email provided by the user. Both parts are responsible for the data storage and custody of the communication between the parties.
9. Copyright and brand
INTELLIGENT SYSTEM VITALE S.L. is a registered brand. It is forbidden to use it for own purposes including the logo, unless INTELLIGENT SYSTEM VITALE S.L.´s expressed approval. All rights reserved. Besides, INTELLIGENT SYSTEM VITALE S.L. website –including but not limited to its programming, editing, compilation and all necessary elements required for its functioning, design, logo, text, graphics – belongs to INTELLIGENT SYSTEM VITALE S.L. Otherwise, it provides a license or author/owner expressed content to use the content displayed. All website contents are fully protected under Copyright, therefore, it is expressly prohibited its reproduction, public communication, distribution and transformation of the mentioned elements unless INTELLIGENT SYSTEM VITALE S.L.´s express consent.
Graphic and written materials sent by users to the website are user´s property. The user confirms when sending them, its legitimate authorship, and surrender distribution and reproduction rights to INTELLIGENT SYSTEM VITALE S.L.
10. Jurisdiction and Applicable Law
Current General Conditions are ruled by Spanish Legislation. In particular they are subject to the following rules: Law 7/1988 of 13th April on Contracting General Conditions, Royal Legislative Decree 1/2007 of 16th November approving the Restated Text of the Law on Consumers, Users and any other complementary law; Organic Law 15/1999 of 13th December on Personal Data Protection; Law 7/1996 of 15th of January on Commercial Trade; Law 34/2002 of 11th July on Information Society Services and e-Commerce; Law 16/2009 of 13th November on Payment Services, as well as any other law which may affect the current General Conditions.
To resolve any controversy or conflict resulting from the current General Conditions the competent authority will be Courts and Tribunals of Pamplona, whereby the contracting person expressly renounces any other jurisdiction that may correspond.
If and insofar as any term of the current General Conditions is declared void, the rest of the terms will remain within the terms agreed upon, and they will be interpreted, taking into account, the will of the parties concerned and the aim of the current conditions. The current contract will be only made in Spanish or English. INTELLIGENT SYSTEM VITALE S.L. will be able not to exercise any of the rights or powers conferred in this document. This however, does not imply to resign these rights or powers unless INTELLIGENT SYSTEM VIALE S.L. express consent. The current General Conditions are registered in the Contracting General Conditions Register in order to grant transparency and security to the process.