Terms & Conditions
The services that can be accessed from a mobile application (“App”) and web interfaces (together “Services”) are supplied to the user by
DAB PUMPS SPA
Via Marco Polo n.14 – 35035 Mestrino (PD) – ITALY
Company registered in the Company Register of the Tribunal of Padua with no. PD 03675230282
Economic Administrative Index: 328200 (PD)
VAT no.: IT 03675230282
- Minimum requirements
Users can create a link between the Services and their own hardware products relating to Dab Smart System only if they are the rightful owners of such hardware products.
The use of the Services requires iOS 8.1 / Android 4.4 operating system or later.
In order to access the Services, at the moment of registration the user agrees to the creation of a personal account. The account is directly connected with specific Dab Smart Systems hardware products, and to their owner. The account can only be accessed by entering a personal password selected by the user.
Any changes of ownership of the hardware products linked to Dab Smart System shall require the previous owner to immediately deactivate the link between the Services and such hardware products.
This License shall be granted indefinitely. This License shall only be valid until termination pursuant to article 9 below, or until the change of ownership of the hardware products linked to the Dab Smart System.
- Ownership rights
The Services and all the intellectual property rights relating to the same, such as, in particular, copyrights, trademarks and domain names, are owned by Dab. Dab reserves all the rights relating to the Services. The user may not remove, modify or black-out legal notices.
Dab may use, delete or modify, without notice or author details, the images and photos (for example a layout image) created or forwarded to us by the user while using the Services.
The user shall remain the sole proprietors of all the data directly correlated to their own person, such as all personal details, like name or address.
The user shall be the only one responsible for ensuring the confidentiality of the user details received or accepted, and for immediately informing Dab of any non-authorised use of the Services, as well as of any other breach of security.
- Service usage costs
For a charge, Dab may also supply additional functions as part of the Services.
To use the additional Services, the user may be asked to purchase additional functions at a preset cost (“In-App Purchases“). The conditions and costs for such purchases shall be notified at the moment of purchase. Dab shall also clearly indicate which Services are available as In-App Purchases, and ask the user to provide payment details before purchase.
In-App Purchases may be consumable or non-consumable goods. “Consumable goods” are functions that need to be purchased at every use, and which cannot be transferred to other devices. “Non-consumable goods” are services that may be downloaded only once for multiple use, and which can be transferred to other devices.
Alternatively, some additional Services may also be made available by subscription (“Subscription“). License fees for subscriptions shall be indicated at the time of subscription. Dab shall clearly indicate which Services are available on a subscription basis, and ask the user to provide payment details before subscription.
Subscription renewal may or may not be automatic.
- Apple Inc. notice
- Recommendations and advertising
Dab may, and the user hereby grants the relevant authorisation, forward through the Services product or service recommendations deemed to be of interest for the user, on the basis of their use of the Services. The user accepts that Dab may include such advertising in the Services. The procedure, method and extent of advertising within the Services are subjected to modifications without notice.
- Guarantees and responsibilities
The user acknowledges and expressly accepts that it is not possible to develop software without any risk of malfunction whatsoever at any time during use. The user acknowledges and expressly accepts the risks connected with the use of the Services, which are common to most applications, and may include data loss, malfunctioning, or bugs etc.
Dab Services are covered by the following warranty terms:
8.1.1. Basic Version
The Basic Version of the Services is supplied free of charge “as it is”, without any warranty whatsoever.
The user shall have no right of warranty in relation to material defects or right defaults in relation to the quality or performance of the Basic Version.
8.1.2. In-App Purchases
The user expressly acknowledge that, like for all mobile Apps, the Services offered for a fee may never be completely exempt from bugs or defects. In case of defects of the Services purchased, due to their quality or form not meeting the description of the purchase offer, Dab shall have, at its own discretion, the right to resolve such defects, either by replacing the defective Services, or by repairing the defects. The user shall have the right to a price discount, or to withdraw from the contract, only if Dab fails to resolve the defect.
The user expressly acknowledge that, like for all mobile Apps, the Services offered for a fee may never be completely exempt from bugs or defects. In case of defects in the Services provided to the user by subscription, due to their quality or form not meeting the description of the subscription offer, the user has the right to ask Dab to resolve such defects.
The following terms dealing with responsibility for damages only regulate the responsibility of Dab for damages based on contractual and non-contractual complaints:
Dab shall be responsible for malicious or culpable damage to the individual, life and health, in compliance with the current relevant law.
Dab shall also be responsible for damage due to negligence or serious fault of Dab, its representatives or agents, or for damage caused by the negligent violation of an “essential contractual obligation”, in compliance with the current relevant law. However, in such cases the responsibility shall be limited to the quantity of predictable and typical damage, unless Dab has acted intentionally, or in case of serious fault, or if one of its representatives or agents has acted intentionally. An “essential contractual obligation” is, for the purpose of this document, an obligation specified in details in the contract, the violation of which would jeopardise the achievement of the contractual aims as such. Therefore, the term “essential contractual obligation” describes an obligation, the compliance with which is essential for the implementation of the contract itself, and which the customer can reasonably believe it will be complied with.
In addition, Dab is legally liable pursuant to the imperative dispositions of Italian law relating to manufacturer’s responsibility.
For all other aspects, the responsibility of Dab for damages is excluded. Unless otherwise indicated above, Dab is not responsible for damages not suffered in relation to the Services themselves (e.g. loss of earnings or other merely financial losses of the customer), or for damages resulting from the violation of incidental obligations based on a contract or law, like for example illegal information, support or recommendations, or for any complaints in relation to responsibilities outside the terms of the contract.
Any limitations or exclusions of responsibility shall also extend to the personal responsibility of our employees, representatives and agents.
- Termination of the service
Dab is committed to constant innovation in order to always offer the best possible experience to its users.
The user acknowledges and accepts that the form and nature of the Basic Version of the Services offered by Dab free of charge may change without notice. Any changes to the form and nature of the Basic Version will apply to all its versions. Some examples of modifications to the form and nature of the Basic Version are the resolution of bugs, security patches, functionality improvements, etc.
Any changes and improvements to Services supplied for a fee as indicated in article 5 will be subjected to the consent of the user.
- Right of termination
The user has the right to terminate this contract within fourteen days without a reason.
The termination period shall be fourteen days from the date of stipulation of the contract (installation of the App, or other access to the Services).
In order to exercise this right, users must notify to us (Dab Pumps Spa, via Marco Polo n. 14 – 35035 Mestrino (PD) – Italy; tel: +39 049 5125000; email: firstname.lastname@example.org) their decision to terminate this contract by sending us a clear statement to this effect (e.g. by mail, fax or email).
In order to exercise the right of termination, simply forward a termination request before the termination date.
11.1. Consequences of the termination
Following the termination of this contract by the user, we will reimburse to the user all payments received for the Services, including any charges for the delivery of the App (with the exception of any charges resulting from the selection by the user of a delivery method different from the one offered by us), not later than fourteen days from the date of receipt of the user’s request of termination of this contract. The reimbursement shall be made using the same payment method used by the user for the original payment, unless otherwise mutually agreed. No charge will be made to the user’s account for the reimbursement.
- Applicable law
These Terms and any use of the Services shall be regulated and interpreted pursuant to the law of the Republic of Italy, with the exception of some dispositions on legal disputes, and the United Nations Conventions on Contracts for the Purchase and Sale of Goods of 11th April 1980 (CISG).
The Services are controlled and managed in Italy by Dab from its Italian facilities. Users accessing the Services from outside Italy shall be responsible for compliance with local laws.
- Contact information
For any queries in relation to the Services, please contact: email@example.com.
Last revision date: 02 March 2017