Kapturall Solutions, S.L. (Hereinafter, Owner) with Spanish Tax Identification No. (NIF) B95733358, and an address at Calle Gabriel Ramos Uranga, 18D, 48993 Getxo – Bizkaia, entered in the Bizkaia Mercantile Register at Volume 5393, page188, Entry 1 on sheet BI-62824, owns the website accessible through the URL: https://www.cloudchampion.be (hereinafter, Cloud Champion or Website, interchangeably).
If you have any queries, doubts or suggestions in relation to Cloud Champion, please contact us at the following e-mail address: firstname.lastname@example.org, or call us on: +34 913 928 485
The End-User Licence Agreement below governs your access to and navigation and use of Cloud Champion.
End-User Licence Agreement
The present End-User Licence Agreement is between as one party, Kapturall Solutions, S.L., with Spanish Tax Identification no. (NIF) B95733358, and an address at Calle Gabriel Ramos Uranga, 18D, 48993 Getxo – Bizkaia (hereinafter Owner or Kapturall, interchangeably), owner of the website https://www.cloudchampion.be and all the intellectual property rights over the software offered on the site (hereinafter, “Cloud Champion” or Website), object of the present User Licence.
And as the other party, Licensee, understood to be any physical or legal person who, in the context of their trade, profession or commercial activity, follows the steps to sign up to the present Cloud Champion End-User Licence Agreement. Under no circumstances shall “Licensee” be considered consumer or user as defined in Article 3 of Spain’s General Law on Consumers and Users (Spanish acronym – LGDCU).
2. Object of the Website
The object of the present End-User Licence Agreement is to regulate the non-exclusive assignment under which Licensee is authorised by Kapturall to use the Cloud Champion computer program or software and the terms and conditions of use.
Cloud Champion allows Licensee to access a training, management and support platform for Licensee’s Cloud business as a Microsoft partner. Website access and navigation is free of charge.
Said management platform allows Licensee to enter information in Cloud Champion on third parties, legal or otherwise, customers and potential customers of Licensee in relation to the sale of Microsoft services and products.
To enable Owner to perform the present contract and ensure correct provision of the service Owner must facilitate the information provided by Licensee to Microsoft and as appropriate to the wholesalers or distributors collaborating with Kapturall at the time (i.e., currently: CLEARMEDIA NV, INGRAM MICRO BVBA, COPACO NV, TECH DATA BVBA), excluding any personal data which said information may contain.
It shall be understood that following all the steps contemplated for subscribing to the Licence and the application implies Licensee’s full and unreserved acceptance of all the terms and conditions Kaptural has published both in this Licence Agreement and on the Website by way of Particular Terms and Conditions.
3. Licensee Obligations
Simply by navigating and accessing the Website Licensee is obliged to:
- Use the Website and the services included therein in compliance with the present End-User Licence Agreement, the applicable legislation (especially on the issue of intellectual and Industrial property and data protection) and in accordance with morality, generally accepted good conduct and public order.
- Use Cloud Champion diligently, correctly and lawfully.
- Review as necessary, the present End-User Licence Agreement and any other that may apply in case any changes have been made.
- As appropriate, review the notifications we send to the addresses you have given us, as they may contain important information.
- Respect Owner and under no circumstances infringe Owner’s rights and interests, or the rights and interests of any third party such as intellectual and industrial property rights (patents, brands, commercial secrets, copyright, etc.).
- Abstain from using the Website to gather information and content to perform acts or provide services which Owner deems to clearly constitute competition.
- Abstain from introducing by any means, computer viruses, worms, trojans or any other type of malware directed at interrupting, destroying or limiting the functionality of Cloud Champion.
- Not use inverse engineering techniques or decompile or decode or use any other system to find out the Website source code or any element subject to underlying intellectual property rights.
- Abstain from modifying or attempting to modify Cloud Champion in any way.
- Not to damage, disable, overload or hinder the service or the network or networks connected to it, or interfere in any other user’s use and enjoyment of the service.
- Under no circumstances take action or use means tending to simulate the appearance or any function of Cloud Champion regardless of the purpose for which it is done.
- Accept full liability for use of the Service and that the services are directed at professionals who use the Software object of the present contract at their own risk.
4. Particular Terms and Conditions of Registration and End-User Licence Agreement
4.1 Identification of the parties
The present Particular Terms and Conditions of Registration are signed as one party, by Owner.
And as the other, the legally incorporated company or business owner who completes the registration process accepting the present Terms and Conditions (Licensee). In the case of a company, the physical person who registers (hereinafter, Representative) shall do so on behalf of Licensee and state that they have sufficient authorisation from the company to register. Representative shall have all the pertinent authorisations. In any event the company shall be considered Licensee for all effects.
Licensee shall be understood to have accepted the present End-User Licence Agreement by clicking on the corresponding Register box during the registration process on the Website. Representative’s act shall bind the company as Licensee.
4.3 Registration Process
Both Representative and Licensee, by completing the corresponding registration form, undertake to:
- Not register using deliberately false or inaccurate data or impersonate a third party.
- Have the company’s authorisation to register.
- Not commercialise, sell or transfer the account to third parties.
- Only use the account registered in their name.
- Not use third party accounts without express consent.
- Be responsible for any activity performed from the account, which must always be updated.
- Keep the data and access keys provided appropriately confidential accepting liability for any damage that may occur due to infringement of that confidentiality.
- Accept liability for damage to third party(ies) caused by breach of the present Terms and Conditions or any others that may apply.
Representative may change his or her data at any time, through the settings options in their account on the Website, available in the section “My account”/ “My Profile” following the indications on the Website (“Change any information and then press the Update button”):
The duration of the Licence is determined, as appropriate, by the time the Cloud Champion service is available. That is, the Licence shall be valid until the moment when Kapturall ceases to provide the Cloud Champion service at it deems fit in view of the fact that it is a free service. Nevertheless, it shall provide various notifications before cancelling the service so that Licensee can download its information.
Similarly, Licensee may unsubscribe from the service whenever it decides, in which case the duration of the Licence shall depend on Licensee´s desire to remain.
6. Information Supplied
In Cloud Champion, Owner offers a tool that allows Licensee to enter information on its own business and that of third parties, to guarantee the provision of software management services. Owner reserves the right to provide said information, except for any personal data it may contain, to Microsoft and wholesalers and/or distributors collaborating with Owner (currently: CLEARMEDIA NV, INGRAM MICRO BVBA, COPACO NV, TECH DATA BVBA)
Notwithstanding the above, Kapturall may keep, duly blocked, any data from which liabilities which may stem through its relationship with Licensee.
7. Website Availability
Owner shall attempt to improve and expand Cloud Champion as well as the content and services it offers. Despite that, the Website shall be as is at each moment according to availability, limitations and other concurrent circumstances.
8. Links and third-party sites
Cloud Champion may have links to pages and sites owned by third parties. Under no circumstances shall Owner be held liable for the functionality or content therein at any time or for the damage and consequences flowing from access to the same.
Licensee or Representative accessing any link published on the Website do so at their own risk and recognise and accept that the links are owned by third parties unrelated to Cloud Champion or Owner and so it is impossible to guarantee the absence of computer threats, malware or viruses or that the links do not house unlawful content or other links which in turn lead to sites with one or more of the above characteristics.
Owner does not review or approve any type of function, content, advertising or any other content on third-party sites.
9. Exemption from liability
The Website is made available to Internet users for their use and enjoyment and its services and functionalities are shown “as is” and “as available” at all times. Provided the law permits, neither Owner nor its suppliers shall be liable for loss of profit and/or consequential loss for any reason.
Owner works and applies its best efforts and diligence to protecting the system and content from intrusions and loss and attempts to apply the most common Internet security standards for such purposes, although there are situations outside its control. Therefore, Owner cannot guarantee the absence of viruses and harmful elements in Cloud Champion likely to cause alterations or faults in Licensee’s computer system (both software and hardware) or the files stored therein.
Owner does not undertake and accepts no liability for any person or entity in relation to any detriment supposedly caused by the use or lack of use of the Software, both directly and indirectly, including interruptions to work, data loss, economic loss or loss of profit as the result of using the Software. Equally, Kapturall shall not be held liable for any guarantee or representation made by third parties without its prior, written authorisation.
Owner shall not be held liable for Licensees’ breaches of any obligation or commitment under this Licence or any other applicable legislation or standard.
Owner expressly reserves the right to modify, eliminate and alter at any time the Website and/or any content therein whether its own or belonging to third parties, including the present End-User Licence Agreement and so Licensee is advised to make a periodic review of the Licence and any other that may be applicable in case there have been any changes.
Owner accepts no liability whatsoever for the content provided by its suppliers as regards the publication of offers.
10. Intellectual and industrial property rights
All Cloud Champion’s intellectual and industrial property rights belong to Owner as well as the content thereof (including the graphic design and codes). Nevertheless, there may be third party content, in which case Owner has obtained the authorisations and licences required for its exploitation as well as for third-party brands and distinctive signs.
The content of this Website, including designs, texts, images and source code are protected by intellectual and industrial property rights and may not be reproduced, distributed, publicly communicated or transformed in any way whatsoever even if the sources are cited, without Owner’s prior, written and explicit permission, or that of the legitimate owner of the exclusive rights over them.
Breach of these present Terms and Conditions may be detrimental to Owner. In such case, Licensee who breaches any of the terms and conditions herein, shall be obliged to compensate Owner for any damage, detriment, loss or costs (such as counsel and court representative fees) suffered as a result.
Should Licensee’s breach generate any type of claim or proceedings against Owner, Licensee shall indemnify Owner and Owner may claim any expense, cost, damage or detriment stemming from Licensee’s actions
12. Other Matters
12.1. . Safeguard and interpretation
The present General Terms and Conditions of Use constitute an agreement between Licensee and Owner.
Should the competent authority declare any of these provisions illegal, invalid or unenforceable, said provision shall be construed in the way closest to the original intention of said provision. In any event such declaration regarding one or more clauses shall not harm the validity of the remaining clauses.
Owner’s lack of requiring strict compliance with any of these Terms and Conditions is not, nor may it be construed under any circumstances as the Owner’s waiver of such requirement in the future.
The language applicable to the present Terms and Conditions is Spanish. If versions in other languages are provided it shall only be as a mere courtesy and for User’s greater convenience. In the event of contradiction, the Spanish version shall prevail. Read more here.
12.3. Governing law
Relations between Owner and Licensee shall be governed by Spanish Legislation and any discrepancies or conflicts over this User Licence shall be decided in the Courts and Tribunals of Madrid.