Through this section of the website the company wants to make all the users aware of the Terms & Conditions of the use of the websites content and services, including the End User License Agreement. Please read this agreement carefully before using or downloading any content from this site. If you use or download any content you agree to the following Terms & Conditions and to the License Agreement as well. The information of the company can be found in the last section of this page.
GENERAL TERMS AND CONDITIONS
The present document establishes the General Conditions that regulate the use of the products or services offered by FREMAX GESTION S.L. through Phpriot.com (hereinafter Phpriot). The download or use of any of the products or services offered by said company on behalf of the user will imply the full and complete acceptance of these General Conditions. Therefore, we recommend refraining from the use of these services should there be a discrepancy with any one of the conditions established here.
Phpriot offers services and downloads of entertainment content through its WEB and SMS services for compatible mobile telephones and/or PC. The services may also include access to products or services by third parties.
a) Subscription: the user solicits a subscription service to Phpriot through the processing of a web form (All In One) over our website. The user should introduce their telephone number, choose a payment method and accept the Conditions of Service. Once this is done, the user will receive a message on their mobile telephone with an access code that should be introduced in order to complete the subscription.
b) Payment method: the user can choose among five payment methods offered by All In One.
a. SMS payment: Simplified interaction between the user and the payment system: with or without voucher (code to be entered on the web). Alerts and subscriptions
b. Payment per call: Completely anonymous: the user simply dials a phone number in order to start the charging process (based on the time of the call, event or duration)
c. ISP payment: Payment method that allows the user to pay directly through the bill of his internet service provider
d. Credit card
Once the corresponding access code has been introduced, the user will receive a welcome message confirming the subscription. The message will remind the user of the applicable conditions of the service and that he or she has previously accepted: the nature of the service, the cost of the message, the regularity of the dispatch of these messages, the manner of soliciting the end of the service, and the form of contacting Phpriot.
Once the subscription has been confirmed, the user will subsequently have access to the content offered on the webpage. Phpriot puts at the disposition of its users a list of software for PC stored in its own servers and perfectly organized into distinct categories, among which can be found: Internet, Images, Information Managers, Games, Personalize your PC, Utilities, Sound, Programming, Security, etc. Each category contains multiple sub-categories, so as to give the user access to a true PC software database. Phpriot tests beforehand all of the programs available for the user and based on said test, Phpriot provides the user with all possible information about each program, information that generally includes: Available languages, program Version, Type of License, and Weight of the program to be downloaded. Additionally, Phpriot provides its users with a complete informative description of each program, explaining the details of its functioning or its main benefits, as well as a review of the minimum requirements for the correct implementation of said software. In addition, Phpriot is responsible for periodically maintaining the programs on its servers updated as well as testing them on different equipment to verify their correct operation.
c) Cancelation of the service: The service will remain active until the user himself explicitly requests its termination. Said termination may be solicited:
- Over our website, the user will access to their profile and will find a button to UNSUSCRIBE and delete the account.
The users that do not wish to remain subscribed will be able to unsubscribe at any time by deleting their profile on their personal account at Phpriot.com. From the moment of the removal the user will not have the right to continue utilizing these services. Nevertheless, upon unsubscribing the user, should he or she wish, will be able to subscribe again at any time by paying the corresponding fee. Follow this link to learn more about how to unsubscribe our service.
Phpriot reserves the right to change the conditions as well as to temporarily or permanently interrupt them, or to unilaterally cancel all of the services.
In accordance with Article 102 of the Real Legislative Decree 1/2007, November 16, which approves combined text by the Consumers and Users and other complimentary laws, the right to waiver remains excluded for those received contents.
2. COST OF THE SERVICE
By subscribing, the user will be allowed access to the community as a member and to enjoy the most updated information about the world of PC software.
Upon confirming the subscription, the user will periodically receive unlimited credits that may be redeemed for all types of downloads, consigning the user to a payment of 5 EUR each week, taxes not included. The costs of the borrowed services will be billed and charged by the mobile telephone operator with which the user has contracted the corresponding telephonic service. In the case of those users that utilize mobile telephones with pre-paid cards, the costs of the borrowed services will be charged to the balance of the user.
3. ACCESS TO SERVICES
Only users that are physically of age (over 18 years) will be able to request and contract Phpriot’s services.
Phpriot does not and cannot have any knowledge of the personal data of the users of its goods and services being that in all cases a teleprocessing contract is anonymously produced from the point of view of the borrower of Services and thus cannot be held responsible for the use of a mobile telephone by a minor. Phpriot cannot in any way take the place of the “parental control” that the tutor or head of the family should exercise over the minors of which they are responsible, for which we recommend the restriction of our services to those subjects, warning that the titleholder of the number of the mobile telephone associated with the lending of the service will be considered responsible for all of its effects.
In the same way, the User should have all of the equipment and software necessary to connect to their Services, including, among other things, the mobile telephone or other apparatus as well as have correctly configured the connection for the download of content.
Phpriot will be able to interrupt its Services in order to realize repair work, corrections to the system, maintenance, and/or other favorable improvements. It can also modify or interrupt temporarily or permanently the concrete Services offered by itself or by third parties.
4. USER RESPONSIBILITY
Phpriot will not be held responsible for the losses or damages that may derive from the misuse of the content or service proportioned by Phpriot.
In this way the User will be obliged to not use the system and Services of Phpriot improperly and to observe the laws and respect the rights of third parties, including brand rights, licenses, copyright, and any other intellectual and industrial property rights.
Furthermore, the User recognizes and explicitly accepts that the use of these Services is not permitted for commercial purposes and any other purposes unaffiliated with those written in these General Conditions.
5. RESPONSIBILITY OF PHPRIOT
The responsibility of Phpriot will be limited in principle to the value of the quantity satisfied by the user for the services offered according to these general conditions.
Phpriot will be responsible in all of those cases that are required by the Law.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Web site of Phpriot, their contents and Intellectual Property rights, the programming and the design are fully protected by the author’s rights, prohibiting their reproduction, communication, divulgence, and distribution unless the required authorization is obtained.
Furthermore, all of the distinctive signs that appear on the Web site are property of Phpriot or third parties, prohibiting their reproduction or distribution by any means, without the due, previous, and express authorization of the owner.
Phpriot reserves the right to unilaterally retire any one of its contents, services, or utilities incorporated into the property of Phpriot.
7. APPLICABLE LAW
Phpriot will be subject to the jurisdiction of the consumer and/or the user.
If by any national or autonomous legislation, any clause of this contract may be interpreted as abusive for the consumer or user according to its own regulation, it will be understood as excluded and will not in any case affect the consumer or user.
8. COLLECTION AND TREATMENT OF PERSONAL DATA
The personal data provided by the Users will be incorporated into an automated database that is property and responsibility of FREMAX GESTION, S.L. (hereinafter, FREMAX) with C.I.F B66150004, registered in the Commercial Registry of Barcelona, and with the address Calle Lepant, 326 (Barcelona).
Aforementioned database is registered in the general registry of Spanish Data Protection.
The treatment of personal data cited in the present informative note affects all of those personal data provided by the User to Phpriot in the moment of his or her registration in the webpage as well as all of those provided for their access to any of the services of other pages or services of said company.
Phpriot is subject to the compliance of its obligation to the secrecy of the personal data and of its duty to treat them with confidentiality, and accepts, for these purposes, the measures of technical, organizational, and protective nature necessary to avoid its alteration, loss, treatment, or unauthorized access, in agreement with what is established in the organic law 15/1999 on December 13th, by Protection of Personal Data, and other applicable legislation.
Phpriot assures the absolute confidentiality and privacy of the gathered personal data. Nevertheless, it cannot fully guarantee the absolute invulnerability of its security systems given that no security measure that is installed at the moment is indestructible, for which Phpriot will not be held responsible for any case of the incidents that may come up surrounding personal data when they are derived from an attack or unauthorized access to our systems that is impossible for our security systems to detect.
The collection and treatment of personal data have the following objectives:
- Lending of services requested by the user;
- Management of the possible incidents;
- Confirmation and verification of the quality of the offered services;
- Carrying out of competitions with prizes;
- Dispatch of general information about the development and function of the service or product requested or contracted by the user. In the case of promotions or competitions: sending of information about said promotion or competition (prize winners, management and delivery of the existing prizes, and/or any other related information).
- Compliance with countable and fiscal duties.
- Elaboration of market studies and statistics, marketing and preferences about the offered services.
- Unless otherwise indicated, the sending of commercial communications approved by what is established in article 21.2 of 34/2002, on July 11th, of Electronic Commercial Services, without which implies the cession of personal data to third parties.
The carrying out and delivery of the electronic forms of Phpriot, assume the express consent of the user to the delivery of promotional electronic communications in which will be included news, novelties, and information relevant to the Web Site, as well as other related electronic communications.
The delivery of the determined data (telephone number or electronic mail address, user number and password), required for the registration as a User in the Websites of Phpriot is obligatory, giving Phpriot the right to deny the registration of the applicant that does not provide such information.
It is possible to request additional information to be able to define the profile of the User with the purpose of offering certain personalized services. In the case that this information is not provided, Phpriot will not deny access to its Webpage; however, it will not offer aforesaid services to its users.
The User will be able to access his or her data in any moment and exercise the rights established by they law and that are detailed below:
The applicant has the opportunity to revoke his or her consent or to oppose the cession of their data, as well as the right to admission, rectification, and cancelation of said data, being able to exercise any of these actions by writing over physical mail or electronic to the following address:
FREMAX GESTION, S.L.
Calle Lepant, 326 – Entresuelo Despacho 5
08025 – SPAIN
In the petition, the following information should be attached:
- Name, last names and DNI, or the company to which the applicant pertains should this be the case.
- Right that he or she wishes to request and content of the petition.
- Telephone number / e-mail about which they wish to exercise this right.
- Address for the purpose of legal notification.
Through the Phpriot Web page no personal data will be gathered without knowledge, nor will data be ceded to third parties without previously informing the user.
With the purpose of offering the best service through these Web page, and with the objective of facilitating its use, the number of page visits, number of visits, as well as the visitor’s activity and their frequency of use, are analyzed.
We can differentiate two classes of Cookies.
The “persistent” Cookies are those that, as their name indicates, remain for a determined amount of time on the user’s computer. Phpriot uses persistent Cookies to gather information about the use of websites and to use it in the aforementioned manner. These Cookies do not contain personal information and cannot reveal the identification of the User.
On the other hand, the “session” Cookies are those Cookies specific to one session and that are deleted when the User leaves the website. Phpriot uses session Cookies with the following objectives: to register the information provided during the use of an interactive tool on the website; to register User data when connected to the site; to gather information about the use of websites such as previously indicated. Equally, these Cookies do not contain any personal information and cannot reveal the identification of the User.
In either case, the User himself will be able to choose to accept these Cookies through the configuration of their browser (which generally will enable the user to accept all Cookies, reject them, or ask the browser to alert them to the presence of a Cookie). More information on this subject can be found by contacting the browser’s manufacturer. Upon deactivating Cookies it is possible that certain options do not work or that the user cannot make use of some Phpriot services.
PHPRIOT IS NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY OF THIRD PARTY WEBSITES LINKED TO ITS OWN WEBSITE.
You can contact us through firstname.lastname@example.org or at FREMAX GESTION, S.L. Calle Lepant, 326 – Entresuelo Despacho 5, 08025, Barcelona (Barcelona).