1.1. In the present document, the terms listed below shall be interpreted with the following meaning:
“Bandyer” means Bandyer S.r.l., company with its registered office in Viale Francesco Restelli 3/7, Milano (MI);
“Content” means, individually and/or collectively, any data, text, files, information and any other material collected and/or transmitted and/or used and/or stored through the Services, the Platform and/or the Website;
“Trademark” means the name Bandyer or any other names, logos or trademarks owned by Bandyer;
“Platform” means all the solutions provided by Bandyer, as well as all personal data there contained and the Content collected, transmitted, used and/or stored through the Services;
“Services” means all the services provided by Bandyer S.r.l. to the User through the Website, such as, inter alia, video-communication services within the existing business environment, in order to enable a digital communication channel;
“Website” means the website owned by Bandyer and available to the User;
“Terms and Conditions” means the present Terms and Conditions of use of the Website. Bandyer may review periodically the Terms and Conditions. The User shall verify periodically the Terms and Conditions to check if any changes occurred;
“User” means the one who accepts these Terms and Conditions when using the Website, including the Final User;
“Final User” means final users who will have access to the Platform and to the Services under the agreement between Bandyer and the User.
2. CONTENT, PURPOSES AND ACCEPTANCE BY THE USER
2.1. The present Terms and Conditions indicates how Bandyer provide the User with the Services, as better described in the following paragraphs.
2.3. The Services include all those services provided by Bandyer to the User through the Website, available both by mobile devices and Internet.
2.4. In particular, Bandyer offers a software-free, web-based solution, based on WebRTC technology, which allows to easily integrate all the chat/audio/video functions within the company’s web, mobile and website applications, in order to enable a digital communication channel between the company and its external actors. The User, within its Bandyer integrated business environment, has a complete collaborative experience, accessible from all browsers and all its devices, without using external applications.
2.5. The following solutions can be activated:
- cloud service, which allows to create a user profile and make video calls to your contacts:
- integration service, configured according to the needs of the User and integrated in the business environments, which allows:
- video call between two participants;
- collaborative videoconference between multiple participants, within a maximum of 25 users connected;
- webinar, presentations, events, training courses, registered or used remotely, whenever you are and from any device.
2.4. Each User can decide to purchase the Services, which may be subject to payment. Each solution has a different price. For more information concerning the available solutions, please consult the relevant website section, available at https://www.bandyer.com/plans-pricing/.
2.7. Services are accessible also, but not exclusively, through the Website.
3. ACCESS TO THE SERVICES
3.1. Provided that the User agrees to the provisions of these Terms and Conditions, Bandyer guarantees the use of the Services as long as:
- 1. their use, as well as the use of the Website, when permitted, takes place exclusively for the User’s personal use, and the User is not authorized to resell or charge the use or access to the Services to others, as well as the User may not use the Services in any other way incompatible with these Terms and Conditions;
- the User in no way duplicate, transfer, authorize, check, give access to, copy or distribute any part of the Services and/or the Website without Bandyer’s prior written authorization;
- the User does not try to modify, adapt or alter any part of the Services and/or the Website, as well as to change, modify or alter any other website in order to mislead users so as to make it seem like the latter website is associated with the Services or the Website;
3.2. The User acknowledge that all the information provided or that he or she will provide to Bandyer must be truthful, accurate, updated and complete. The User agrees to update the provided information in order to preserve their truthfulness and accuracy. Even if Bandyer won’t be liable for any loss caused by unauthorized use of the Website, the User may be responsible for any loss suffered by Bandyer or third parties.
3.3. Using the Services requires one or more compatible devices, Internet access (for a fee), and some softwares (for a fee), and, from time to time, may require updates and upgrades. Due to the fact that the use the Services involves the use of hardware, software and Internet access, the User’s ability to access and use the Services may be affected by the performance of these tools. High-speed internet access is recommended. The User acknowledges and agrees that these requirements, which may be modified from time to time, are under his or her responsibility.
3.4. The User undertakes not to interfere with or interrupt the functioning of the Services, the Platform, the servers or the networks, in any way interconnected with each other, also through the use and/or transmission of malware, virus, spyware or any other kind of malevolent, distructive or interruptive code. The User undertakes not to alter, interfere with or block for any reason and by any means the ways in which the Platform and the Services are made available. The User agrees not to create accounts by unauthorized means, including automated tools, scripts, bots, spiders, crawlers or scrapers.
3.5. Bandyer prohibits crawling, scraping and caching or any other access to the Contents by automated tools, including all the Platform’s Contents.
3.6. Bandyer may notify the User new contents through live notifications for web in case the User’s browser is compatible.
3.7. Although Bandyer’s intention is to make the Services always available, operational delays or interruptions may occur, due to events of force majeure or, in any case, not depending from Bandyer’s will, such as, for example, unavailability of the Platform or Services due to maintenance or scheduled updates, emergency repairs, damage to infrastructures, natural events, cyberattacks, power outage, telephone line outage, incorrect use of the Platform and/or the Services or of the methods of access by the User. Bandyer cannot, in any case, be held responsible towards the User for any change, suspension, delay or interruption or the loss of any kind of Content. Moreover, the User is aware that Internet may be subject to security breaches and that the sending of Content or other information may not be secure.
3.8. Bandyer reserves its right to refuse the access to the Services to anyone, for any reason and in any moment.
4. DURATION OF THE SERVICES
4.1. The registration on the Website is intended for the entire duration of the contract with the customer, without prejudice to the possibility for the User to terminate the relationship at any time through the closing of its account, by sending a pec email at firstname.lastname@example.org.
4.2. It is expressly intended that Bandyer reserves its right to modify or block the provision of the Services and/or the User’s access to the Website for any reason and without prior notice, without any liability towards the User.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. All the Trademarks, as well as any other intellectual property right relating to the Website and the Services, are owned or authorized by Bandyer, subject to copyright and intellectual property rights in accordance with Italian laws and international conventions. The User agrees not to remove, alter or hide the Trademark or any other evidence of intellectual property rights that is embedded in or accompanying the Content, and not to reproduce, modify, adapt, produce derivative material that is based on, execute, display, publish, distribute, transmit, disseminate, sell, authorize, or in any other way exploit the Content, as well as the Trademark. If the User violates the intellectual property right, Bandyer may inhibit the use of the Website, if it deems it appropriate. The Services are provided to the User only for its personal use. Bandyer owns all the rights not expressly guaranteed with regard to the Services and the Website. The User agrees not to use, copy and distribute any Service in a different manner from the one expressly defined here. Moreover, all page headers, layouts, graphics, resources and scripts must be treated as Trademarks and must not be copied, imitated or used, in whole or in part, without prior written permission of Bandyer.
6. USE OF THE SERVICES
6.1. The User understands and agrees that Bandyer cannot be held responsible for the Contents of the Services and the Website. Moreover, the User understands and agrees to use the Services at its own risk, without any title to obtain any form of gain or any other right of Bandyer through these and/or the Trademark. The User will be the sole responsible for its own conduct in using the Services or the Website. Since Bandyer only acts as an intermediary, the User’s use of the Services or the Website does not necessarily reflect the positions and opinions of Bandyer, which does not guarantee its validity, the accuracy or the legal status of any Content on these.
6.2. The User agrees that he or she is the sole responsible for the Content sent, transmitted, displayed or uploaded in your use of the Services and for complying with all laws relating to the Content, including, but not limited to, laws requiring the User to obtain the consent of a third party for the use of the Content and to provide appropriate communications on the rights of third parties. The User represents and warrants that he or she has the right to upload the Content to Bandyer and that such use does not infringe any rights of third parties. Under no circumstances will Bandyer be liable in any way for any (a) Content transmitted or seen during the use of the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind suffered as a result of the use, access or refusal of access to the Content. Although Bandyer is not responsible for any Content, it may delete any Content, at any time and without notice to the User, if it deems that this violates any provision of these Terms and Conditions, or any law. The User retains the copyright and all other rights he or she already has over the Content they submit, publish or view on or through the Services.
6.3. Concerning the Contents, the User also agrees not to:
- use the Services for illicit and unauthorized purposes;
- use the Services or the Website to advertise their own products;
- pretend to be another person;
- send of store contents affected by viruses, worms, trojans or other harmful codes, files, scripts or programs;
- modify, disassemble, decompile, prepare derivatives, decode or otherwise attempt to access the Services’ source code;
- build or benchmark a competitive product or service, or copy any feature, function or graphics of the Platform;
- create or send emails, comments or other forms of harassing or undesired commercial communications;
- transmit any material that may infringe the intellectual property or other rights of third parties;
- use the Services and the Platform to communicate any message or material that is harassing, defamatory, threatening, obscene, indecent, that violates the intellectual property rights of any third party or is otherwise illegal, which gives rise to civil liability, or which constitutes or encourages conduct which may constitute a criminal offence, in accordance with any applicable law or regulation;
- use domain names or URLs in his/her username without the prior written consent of Bandyer;
- interfere with or undermine the integrity and the functioning of the Services or the data contained in them;
- attempt of obtaining an unauthorized access to the Services or to the systems or to the networks linked to it.
In any case, Bandyer will not be hold accountable for exchanging Contents in any manner through the Platform, the Services and the Website.
6.4. In case of reports, please send a communication, which includes:
- the indication of the object of the violation;
- the indication of the subject whose activity has to be restrained;
- the information necessary to contact the claimant.
6.5. Bandyer may deny to the User the access to the Services without any explanation, in any time and for any reasons. Bandyer may conduct any evaluation on the suitability of the Users’ behavior.
6.6. The User is aware that, using the Services or the Website, he or she will receive information, whose accuracy, utility and certainty Bandyer is not accountable. The User understands and acknowledges to be potentially exposed to inaccurate Contents and the User accepts to renounce to any right or any legal claim that the User has or could have against Bandyer. Furthermore, the User accepts to indemnify Bandyer, its executives, directors, employees, agents, affiliated members and/or licensee, to the maximum extent provided by the law for any matter related to his/her use of the Services.
6.7. Furthermore, the use of the Services could imply an interaction with website or services provided by third parties. Where using these services requires logging in on them, Bandyer does not control contents and services offered outside its Platform. Consequently, the User expressly recognizes and accepts that Bandyer will not be accountable for any product or service offered by third parties outside its Platform. Every purchase of goods or services outside the Services or the Website will be between the User and the third parties.
6.8. In case of violation of these Terms and Conditions, Bandyer can interrupt to furnish the User with all or part of the Services.
6.9. The User can decide to record video-calls and webinar. Furthermore, the exchange of images and files could entail their back up on Bandyer’s servers. Using the Services, the User gives his/her consent to Bandyer to memorize the records of one or every meeting or webinar conducted, and of files and images exchanged. The User will receive a notification (visual or other type) when the recording function is turned on. If the consent for being recorded is not given, it is necessary to leave the meeting or the webinar.
8. EXEMPTION OF ACCOUNTABILITY (OR DISCLAIMER)
8.1. The User consent that the use of the Services will be at its own risk. To the maximum extent provided by the law, Bandyer, its executives, directors, employees, agents, affiliated members and/or licensee declines every responsibility, of any kind, express or implied, related to the Services and the User’s use, to the contents or to the security linked to the transmission of information to Bandyer or through its Services. Bandyer does not provide any guarantee on the accuracy or completeness of the Services’ content and it cannot be hold accountable for (i) errors, inaccuracies or illegitimacy of the contents, (ii) any damage, loss, personal damage (directly consequential, punitive, or other kind), claim or liability of any nature, related to the Content, access and use of the Services, (iii) any unauthorized access or use to Bandyer’s servers and/or to the personal and economic information memorized on it, (iv) any interruption or stopping of the Services’ transmission, (v) any bug, virus, Trojan or similar that can be transmitted through the Services because of third parties’ activities and/or (vi) every error or omission of every nature or for any loss or any type of damage consequent to the use of any content published, sent through email, transmitted or made available through the Services. Bandyer does not guarantee and cannot be liable for any product or service advertised or offered by third parties through the Services and Bandyer will not be accountable for monitoring every operation between the User and suppliers of product and services of third parties.
9. RESTRICTION OF LIABILITY
9.1. These Terms and Conditions are applied to all Users. Bandyer is not liable for the contents, the privacy policies or practices of third parties’ websites. In addition, Bandyer will not censor and cannot censor or modify third parties’ contents. Using the Services, the User is aware and consent that Bandyer will not be liable for any damages, claim of other type of liability derived or linked to the use that the User does of third parties’ services.
9.3. The Users agrees that, in the event he or she incurs in any damage, loss, or injury resulting from an action or omission by Bandyer, the damage, if it exists, will not be irreparable or sufficient to attribute the right to an injunction that prevents the suuply of any Website service, product or other content owned or controlled by Bandyer. Furthermore, the User will have no right to impose or restrain the development, production, distribution, advertising, display or performance of any website, property, product, service or other content owned or controlled by Bandyer.
9.4. The User specifically acknowledges that Bandyer, its executives, directors, employees, agents, affiliates and/or licensees will not be liable for the defamatory, offensive or illegal conduct of any third party and that the risk of injury or damage arising from the latter remains solely the responsibility of the User.
9.5. The User remains responsible to Bandyer for compliance of the End Users with these Terms and Conditions.
9.6. Bandyer will not, in any case, be accountable for the consequences resulting from the communication of the User of incomplete or untrue data.
9.7. The Services are offered globally. However, Bandyer does not guarantee that the Services are appropriate or available for use outside the Italian territory. Those who access them from or use them from other jurisdictions do so at their own choice and are responsible for compliance with local laws.
10.1. The User agrees to defend, indemnify and hold Bandyer, its managers, employees and agents from any claims, damages, obligations, losses, liabilities, costs or debts and expenses (including but not limited to any fees) arising out of or that are in any way connected to any of the following hypothesis:
- his/her access and use of the Services;
- his/her violation of any provision of these Terms and Conditions;
- His/her violation of any third party right;
- his/her violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authority, including without limitation any governmental, administrative or legislative authority;
- any incorrect representation made by the User.
10.2. The User will cooperate as requested by Bandyer in the defense of any claim. Bandyer reserves the right to assume the exclusive defense and control of any matter subjected to compensation by the User and the User will not in any case be able to resolve any dispute without the prior written consent of Bandyer. This defense and indemnification obligation will survive these Terms and Conditions and the use of the Services by the User.
11. CAPABILITY TO ACCEPT THESE TERMS AND CONDITIONS
11.1. The User affirms that he/she is at least 16 years old or at least the required age in the country of origin from which he/she accesses the Services, as well as that he/she is fully capable and able to accept the terms, conditions, obligations, statements, allegations and warranties set out in these Terms and Conditions, as well as to abide and comply with the provisions of these Terms and Conditions. If the User is under the age of 16, he/she may use the Services only with the express consent of the tenant of parental authority by sending proof of his/her consent to our email addresses. If the User under age of 16 does not have such consent, he/she must not under any circumstance use the Services.
12.1. These Terms and Conditions, as well as any right or license guaranteed must not be transferred or attributed to third parties by the User, but they may be attributed by Bandyer without restrictions.
13.1. These Terms and Conditions are subjected to the application of the Italian law. Any legal claim or dispute between the User and Bandyer that may arise in whole or in part because of the Services must be the disputed exclusively in front of the jurisdiction of Milan’s Courts.
13.3. The provisions of these Terms and Conditions may be waived by agreements between the parties.
13.4. If any of the provisions of these Terms and Conditions would be deemed invalid, such invalidity will not affect the other provisions, which will remain valid and effective.
13.5. No waiver of any term of these Terms and Conditions will be deemed a further or continuing waiver of such term or condition or any term or condition, and Bandyer’s failure to enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision.