last_update: last update 6 Feb, 2012
GENERAL TERMS AND CONDITIONS OF CONTRACT FOR THE USE OF SERVICES PROVIDED BY EMTRICS SL
The following document describes the conditions of contract for the use of services offered by EMTRICS SL. Emtrics is a registered trademark owned by EMTRICS, SL, a Spanish company established in San Enrique de Osso, No. 19, 28050 Madrid. All rights are reserved. The operation of the service and the exclusive exercise thereof in any form and, especially, the rights of reproduction, distribution and public communication, belong to EMTRICS, SL.
Acceptance of the Terms of Service
The access to the Website / Services or to any information published on Emtrics’ website explicitly implies acceptance of the following Terms of Service.
Before proceeding, you should print or save a copy of this Agreement for your records.
Once he/ she has accepted these terms of service, the Client must register in advance by filling out the registration form found in http://emtrics.com/signup, including an email address and password. When the Client finishes the registration process, he/she will be sent a notification to the email address provided on the registration form, informing him/her of such registration in EMTRICS, SL and requesting confirmation by clicking on a hyperlink. Upon confirmation of the registration, the Client’s email and password will be activated, enabling him/her from that moment on to access all features offered by Emtrics.
Purpose and Scope of the Service
Emtrics is a service used to design and execute satisfaction surveys, also meant to gather information and comments on reviews, and recommendations and complaints from Users of a Client’s products or services. The surveys consist of a series of questions and a method of responses, represented by emoticons. There is also an open field where the user can leave comments or suggestions to the client. In the future, it will be possible to add other forms of questions and answers. The service includes the design and preparation of a set of questions and possible answers, depending on the objectives pursued by the Client. The location (establishment, point of sale, etc.) or support (invoice, leaflet, etc) of interest to the Client is named “Opinion Point” (hereinafter OP), that is, the location where, or support for which, he is interested in using the survey services and information collection provided by Emtrics, SL. . The Client may determine the existence of one or more OPs, and the service will be invoiced based on the number of existing OPs, among other billing concepts. The same OP may be in one location or several customer stands, although in the latter case, the Client will not be able to differentiate the location where the opinions have been made. Each OP is defined by a series of administrative data to identify you (name of the OP, Client, Brief Description, Physical address of the establishment, Contact name, Contact email, etc.) and will have an associated set of questions. In addition, for each OP, Emtrics will generate a unique Internet address to access the satisfaction survey and a bidirectional Quick Response code (QR) of that URL. The service also includes i) the processing of the collected information, the grouping and generation of its graphic illustrations, in real-time or periodic reports during the time of the contract, ii) the possibility of comparison over time of the collected information between establishments or facilities (OPs) of the Client , and iii) the reception of messages and comments of the User and its transmission to the Client, as well as the reception of messages from the Client and its transmission to the User. The Client chooses the aspects / questions that he/she wants to ask to the Users at each point of opinion or OP. From that moment on, each time a User uses Emtrics, he/she will be invited to answer the questions chosen by the Client. The responses from the Users are collected through Emtrics SL’s platform and are available for the Client to consult. Such consultations may be, among others: i) display of opinions and comments, ii) display of the evolution of the User’s satisfaction in different OPs and iii) comparison of the User’s satisfaction between different OPs belonging to the Client. Additionally, the Client may select the desired frequency for viewing all or part of the collected information, as well as the progress reports or any other report defined by Emtrics, SL.
Price of the Service
The current price for using the service is available in the “Prices” section that exists on the home page of www.emtrics.com. The price may be subject to discounts based on the volume contracted by the Client, or the characteristics of the service. Emtrics SL reserves the right to change the current price list at any time. This change will be announced and included on the service’s website and will take effect from the time of publication, providing neither direct nor personal notification to the Client. Such modification shall entitle the Client to terminate the contract by reliable notification to that effect.
EMTRICS SL Obligations
A. Availability and quality of service.
The service is provided on the Internet and is designed to be operated continuously. However, given the nature of the Internet, the provider can not rule out the possibility of failures or errors, or the occurrence of force majeure, natural disasters, strikes or similar circumstances, eventually making it impossible to access the website. During the term of the contractual relationship between EMTRICS SL and the Client, EMTRICS SL will carry out the necessary maintenance and updating of platforms and other technical means (hardware and software) necessary for the provision of the contracted services. The access to the service by the Client will be held, therefore, during the state of available development and implemented at all times. EMTRICS S.L. may amend or replace, at any time, and as a whole or in part, the configuration of the service to adapt to new environments or technological versions, by simply communicating it on the service’s website. In addition, EMTRICS S.L. may temporarily suspend access or continuity of service in order to carry out maintenance and reconfiguration tasks that are necessary for the purposes specified in this provision. B. Access to third party websites. The Service may, in some cases or situations, include redirection to third party websites. In these cases, the Client should check for him or herself the conditions of use, privacy and other legal conditions that may apply to them. EMTRICS SL, assumes no liability for the access and use of third-party websites. C. Use and maintenance of Client information. The Client expressly acknowledges and agrees that EMTRICS, SL may access, use and retain the information provided by the Client when required by law, or for the proper operation or provision of the Service, and in any case when it: a) is the result of a governmental request, b) is necessary for the fulfillment of this contract, c) is necessary to answer a complaint or claim, or d) is necessary or desirable to protect the interests and rights of EMTRICS SL’s personnel.
The Client also acknowledges and accepts that EMTRICS, SL can use the data collected and processed through the Client’s requests and their comparative surveys and sub-sectors analysis.
Management and custody of the Client’s login information are the sole responsibility of the Client. EMTRICS, SL has no obligation to monitor the identity of people accessing their services, and assumes no responsibility for the misuse of personal login information. If the Client is suspected of making unauthorized use of his/her account, he/she should contact EMTRICS, SL immediately .
Use of logos and trademarks property of the Client
The Client hereby expressly grants to EMTRICS SL a general authorization, without compensation of any kind, to use the logos, trademarks or any other design, including text and / or graphics, owned by the Client, for the completion and delivery of the contracted services. The Client expressly authorizes EMTRICS SL to use its trademark and trade name as a reference for the promotion of their services, unless otherwise notified with a reliable communication. Also, in the case of logo use, trademark or any other design, including text and / or graphics, on which the Client has not declared, from any cause or title, ownership rights and / or use, the Client expressly exempts EMTRICS, SL any liability arising from such use or reproduction, assuming any liability or damages that may arise from such situations.
Use of the website under the sole responsibility of the Client
The Client expressly understands and agrees that use of the website and the services provided is his or her sole responsibility.
The Client further agrees to use the services provided by EMTRICS SL, according to the conditions set, and in general, according to morality and public order. The Client agrees not to use the service for illegal purposes or in a manner that adversely affects the rights of others.
The Client is responsible for all damages of any nature, which EMTRICS, SL may suffer as a result of misuse by the Users of services and content inserted on the website. The Client agrees to pay any eventual amount EMTRICS, SL need to claim as a result of an administrative decision, final judgment or settlement aimed to compensate third parties for damages caused by misuse, or contrary to these terms, by any Client’s Users.
EMTRICS, SL reserves the right to temporarily or permanently suspend the service when it detects that the Client: * Violates any terms and sections of these Terms of Service. * Provides or has provided false or inaccurate information when filling out the registration form. * Provides email addresses or mobile numbers false or nonexistent. * Does not log in any activity or access his or her personal account in the period of one (1) year. * Is not up to date with service payments. * Makes marketing of the services or uses them other than those intended by Emtrics to the Client’s own and exclusive use, without the expressive written permission of Emtrics, SL Included under this point, with descriptive and not limited to the retail activities, centralizing procurement or distribution to third parties.
Ownership of the contents of the website
Emtrics belongs to EMTRICS, SL and consequently EMTRICS, S.L. owns all the rights of intellectual property arising from the website, including, but not limited to programming, editing, compilation, designs, logos, text, images and / or graphics, including domains and subdomains used, unless expressly indicated under another title, forbidding the partial or total use, for any reason, such rights by any third party without prior express authorization of EMTRICS, SL
Access by the Client to the website and to its contents does not grant any ownership rights over them.
Any use, reproduction, distribution, marketing or public communication by the Client of all or part of the rights owned by EMTRICS, SL, will need its prior express authorization of the latter.
The use of names of third parties is expressly authorized by their owners, so the provider is not responsible for disputes that may arise on them about it, proceeding to their immediate removal as soon as the provider has a reliable record of them.
If you see on the website any content that could violate the rights of intellectual property, please put it to the attention of the provider as soon as possible by sending an email to firstname.lastname@example.org
Use of the website’s content
The Client may make use of all content and materials EMTRICS, SL places at all times available to them on the website, only for private purposes that have been established by this General Conditions. The Client must make use of them respecting the intellectual property legislation in force at all times, and in no way may use such contents for purposes other than private use thereof. The use, reproduction, distribution, commercialization or transformation authorized, in whole or in part, of the rights that EMTRICS, SL owns, will imply a breach in terms of the rules of intellectual property and other applications.
The Client expressly agrees not to disclose or use any information, data or content that can or may be obtained through the knowledge acquired by their access to and use of the services provided by Emtrics SL, with the intent to inform any other person or entity that can hold the status of direct or indirect competitor of EMTRICS, SL.
The Client agrees and consents to the acceptance of the Terms of Service, to EMTRICS, SL, to use the data used and processed through its surveys to generate comparative analysis of the sector and subsectors.
Termination and Refund Policy
The Client may terminate the contractual relationship for with justifiable cause at any time by verifiable notification to EMTRICS, SL. The decision by the Client shall be made through a reliable mean of communication and shall take effect within twenty-four hours from reception. In such case, the Client expressly waive, in compensation, to any refund of all or part of any amounts paid in advance to EMTRICS SL. EMTRICS, SL, may terminate the contractual relationship with the Client for any reason arising from the operational needs of the service delivery. In such case, the Client will be entitled to a refund, if any, of the amount paid for the service and not used, as a consequence of such termination. Also, EMTRICS, SL, may terminate the contractual relationship with the Client for any reason arising from failure by the Client of any obligation under these Terms of Service or any other applicable rule norm, or any conduct by the Client that might pose a risk to the normal provision of EMTRICS, SL’s services. The contract termination by EMTRICS, SL, will be automatic and effective immediately without prior notification of any kind. Such case shall entail the loss of any advance payment made and the express waiver of any refund by EMTRICS SL.
Amendments to of the Terms of Service
These Terms of Service may be changed unilaterally by EMTRICS, SL at any time, comprimising the parties, by just posting on the website of the service. There will be, therefore, no requirement to prior notification of amendments in any form and such modification will be effective from the day of publication. The version of the General Conditions of Service in effect will always be the one published on the website of the service.
For the Client convenience, the General Conditions of Service can be found translated into different languages. Notwithstanding, the language in which the Client has agreed the General Conditions, the Client hereby acknowledges and accepts that the Spanish version of the Terms of Service has a preferred application an any other language in case of conflict between them.
Law and Jurisdiction
These conditions are governed by and construed in accordance with Spanish legislation in matters not expressly set forth herein.
Because the Client does not hold the status of consumer and therefore is not applicable any reservation of jurisdiction established in the regulations of consumers, EMTRICS, SL, and the Client agree to submit any dispute that may arise from the provision of service covered by these conditions, the Courts of Madrid (Spain), expressly waiving any other jurisdiction that might apply, even in the event that the Client is located outside Spain.
For this purpose, the Client expressly acknowledges that the activity of EMTRICS, SL is subject to Spanish law, even if the website is available for the convenience of the Client, in several languages.