Your subscription to and use of the ALAMAR BOX service implies your acknowledgement and full acceptance of these General Subscription Terms and Conditions.
This service is provided by ALAMAR LIFE Edizioni e Servizi di Cristina Fino, based in Roppolo (BI), Via Massa 24.
Any service changes will be communicated to you in advance by ALAMAR LIFE via e-mail.
INDEX:
1. SUBSCRIPTION
2. PAYMENT AND BILLING
3. DURATION AND TERMINATION
4. CONDITIONS OF USE, AFTER-SALES SERVICE, PENALTIES AND WARRANTIES
5. PROPER USE OF THE SERVICE, SECURITY AND PENALTY FOR UNLAWFUL USE
6. SERVICE MODIFICATION
7. SERVICE QUALITY, TECHNICAL CONTROLS AND SOFTWARE UPGRADE
8. CONTENTS
9. VARIATION OF GENERAL CONDITIONS
10. TERMINATION – ASSIGNMENT – THIRD PARTY USER – CHANGE OF TECHNOLOGY
11. CUSTOMER SERVICE, COMMUNICATIONS AND COMPLAINTS
12. APPLICABLE LAW AND DISPUTE RESOLUTION
1. SUBSCRIPTION
1.1 Activation of the Service
To activate the Service, you must submit the Subscription Application by filling out the appropriate online Form from www.alamarlife.com (OFFERS page) after having read and fully accepted these General Terms and Conditions of Subscription.
The Subscription Request is subject to the sending by Alamar Life of an email confirming the correct compilation of data and related amounts to the email address you indicated in the Online Form. Following the payment of the fees due, you will be sent the media box(es), at which time the activation of the Service begins.
Alamar Life reserves the right to cancel the Subscription, if there is a justified reason (e.g. invalid payment method, possible fraud, delinquency, illegal use of the Interactive Multimedia Box, etc.), by notifying the Subscriber.
1.2 ALAMAR BOX Multimedia Box
Alamar LIfe will provide you with the Multimedia Box(es) on loan for use in the enjoyment of the Service. Alamar Life will continue to own the Multimedia Box, which must be returned at the end of the Contract. Alamar Life reserves the right, during the course of the Contract, to verify and/or update and/or replace the Multimedia Box for security reasons or technological evolution. If in these cases you do not replace or return the Multimedia Box in the manner specified by Alamar Life, any malfunctions will not be the responsibility of Alamar Life . Late or failure to return the Multimedia Box, if requested, will allow Alamar Life to apply the penalties set forth in Section 4.5 (Penalties) below. You shall use the Multimedia Box in a manner consistent with. to the General Subscription Terms and Conditions, in the manner indicated in paragraph 5 below. In the event of unauthorized use, Alamar Life may suspend the Service and apply a penalty of up to € 4,000 (four thousand/00), in addition to claiming compensation for greater damages.
1.3 Prodotti e Servizi Alamar Life
Any upgrade of the services offered by the Multimedia Box will be communicated to you via the e-mail provided at the time of subscription. You will be able to decide whether to keep the products and services you initially selected or to make changes in the manner provided in Section 6 (Modification of Service) below, in particular you will be able to request :
(a) the addition or replacement of Packages and/or Services or Optional Products that results in an increase in the Subscription Fee (Upgrade);
(b) the replacement of one Package with another that does not involve a change in the Subscription Fee (Variation);
(c) the reduction or replacement of Packages, Services or Optional Products resulting in a reduction of the Subscription Fee (Downgrade).
2. PAYMENT AND BILLING
In order to use the services of ALAMAR BOX, it is necessary to pay the “one-time” Fee as an initial contribution for the Activation of the Service, the Annual Service Fee indicated in the offer, and the Subscription Fee for the Products you have requested. The latter can be paid in quarterly installments, or in a single annual installment (see prices and discounts at www.alamarlife.com).
2.1 Subscription Application:
In the Subscription Application you are asked to indicate:
(a) your choice of the Products/Services for which you are requesting activation.
(b) the choice of the method of payment of the fees due (bank account debit, credit card) for the chosen Service(s);
(c) the choice of the terms of payment of the fees due for the Subscription Fee for the Experience Nature Care services you requested (payment of the fee in quarterly installments or in a single annual installment);
2.2 Payment (Fees – Price changes – Payment method – Frequency)
A) Fees
The Subscription Fee (in quarterly or annual solution), the Support Fee (annual) and the Activation Fee for the chosen Service(s) (one-off) must be paid upon receipt of the confirmation email from Alamar Life of the correct compilation of data and related amounts and containing the indications regarding the chosen payment. Following the successful completion of the payment Alamar Life will send the Multimedia Box starting the Subscription service to the Product(s) you have requested. If you have chosen to pay the Subscription Fee in quarterly installments, you will be required to pay the Subscription Fee installments by the quarterly due dates, otherwise your service will be suspended (see Section 2.3 Late Payment and Service Suspension). Each year you can choose whether to pay the Subscription Fee in quarterly installments or in one annual lump sum (see prices and discounts at www.alamarlife.com). Instead, a single annual advance payment of the Service Fee is always required.
The Subscription Fee for the chosen Service(s), as well as the Support Fees and Initial Activation Fee, will be the one in effect at the time the Subscription Request is submitted, except for any changes in VAT that may occur during the term of the Contract. Any discounts or promotions in effect at the time the Subscription Request is signed will not be applicable upon renewal of the Contract.
B) Change in fees
Alamar Life may increase the amounts due as Fee for the different services provided in the presence of justified reasons among those indicated in paragraph 7 below (Variation of General Conditions). In this case Alamar Life will inform you by written notice of at least 30 (thirty) days and you will have the right to withdraw free of charge, i.e. without penalties or disconnection costs (including any amounts provided for in the following paragraphs 3.4 (Early Termination and Operator Costs) and 3. 5 (Discounts and Promotional Offers)), from the Contract or from the single Service or Optional Product for which the increase has occurred by sending to Alamar Life, within 30 (thirty) days from the receipt of Alamar Life’s communication or by the date of entry into force of the new amount a registered letter with return receipt to the following address: Alamar Life via Massa 24 Roppolo 13883 (BI) or by sending a PEC to cristina.fino@cert.cna.it. If you do not exercise the right of withdrawal in the manner and terms stated above, the new conditions will be considered accepted and will be effective as of the expiration of the aforementioned deadline.
C) Method of payment
Payment of the fees due will be made by the payment method you indicated in the Subscription Application, your choice of: bank account debit, or credit card.
The application of the payment method you choose between bank account debit or credit card is subject to the acceptance, respectively, of the Bank or Credit Card Issuer, as well as the circumstance that the payment is successful and/or that the payment method has not been revoked. Alamar Life may suspend the Service if the information provided for making payment by bank or credit card charge is incorrect. You will need to keep the payment method valid for the duration of the Subscription.
D) Frequency of payments
The amounts due according to the Request for Service(s) are to be paid upon receipt of the confirmation email from Alamar Life of the correct data compilation and related amounts and containing the details of the payment you have chosen: the initial (one-time) contribution will be due only at the beginning of the subscription of the Service, the contribution for the Annual Assistance will be due at the beginning of each contractual year, the Subscription Fee will be due with the frequency you have chosen between quarterly installments or a single annual payment, by the due date of the payment you have chosen.
2.3 Late Payment and Suspension of Service
In case of late payment of any amount owed by you to Alamar Life:
a) you will have to pay to Alamar Life, starting from the due date of the payment, interest equal to the Annual Official Reference Rate increased by 2.5% calculated on the amount of the payments not made; you will be able to obtain the reactivation of the Service(s) only on condition that you pay to Alamar Life all the sums in arrears plus a penalty of € 30.00 (thirty/00). The reactivation of the Service will be arranged, by Alamar Life, immediately after verifying the payment; the reactivation of the Service is subject to the verification of the actual collection of the amounts in arrears by Alamar Life.
b Alamar Life may suspend the Service if payment is not received by the due date. In such case, you must make the media box(es) for which the fee has not been paid available to Alamar Life’s chosen courier no later than 15 days after non-payment.
(c) you must reimburse Alamar Life for all expenses incurred in the recovery of the credit and/or media box(es) with the prescribed penalties (see Section 4.5 Penalties).
3. DURATION AND TERMINATION
The Contract will have a duration of one year starting from the date of activation of the Service and will be tacitly renewed from year to year unless terminated, to be communicated by pec (cristina.fino@cert.cna.it) 30 days before expiry.
In the event of cancellation, materials provided by Alamar Life on loan for use must be returned within 7 days of the expiration date, making them available to the courier chosen by Alamar Life.
4. CONDITIONS OF USE, AFTER-SALES SERVICE, PENALTIES AND WARRANTIES
4.1 Conditions of use of materials owned by Alamar Life.
For the use of the Service, Alamar Life will make available to you the Multimedia Box owned by it on loan for use, to be used only in the area and at the address for which you apply for Subscription. You shall keep the materials owned by Alamar Life free and clear of all encumbrances, liens or encumbrances and shall ensure that Alamar Life’s right in them remains immune from prejudicial events.
During the course of the subscription, if you are requested by Alamar Life for the purpose of maintenance, technological update, safety or verification of the proper use of Alamar Life materials, in accordance with the general terms and conditions of sale, you must make the materials available in the manner and time specified by Alamar Life. In case of non-compliance Alamar Life may apply the penalties provided in the section “Penalties” (paragraph 4.5).
4.2 After-sales Service / Warranties
In case of malfunction of the materials owned by Alamar Life, which you own on loan for the use of the Subscription, under no circumstances should you intervene directly on them, but you should contact the Alamar Life service center, which guarantees repair or replacement within 48 working hours Of the non-functioning equipment and/or related accessories with another equipment and/or related accessories including remanufactured equipment. Failure to replace or repair attributable to you shall not relieve you of your obligation to pay the Subscription Fee and other amounts due under the Contract.
In the event of a replacement, you must return the non-functioning Multimedia Box to Alamar Life, making it available to Alamar Life’s chosen courier.
4.3 Theft or loss
In the event of theft or loss of the materials owned by Alamar Life, you shall send to Alamar Life, within 7 (seven) days, by registered letter A.R., a copy of the relevant report to the competent authorities and you shall pay to Alamar Life the penalties provided below in the section “Penalties” (paragraph 4.5).
4.4 Termination of the Contract: extension of the commodity loan and/or return
Upon termination of the Contract, for whatever cause, Alamar Life will ask you to return the materials provided on loan for use: you must return them within 7 days from the date of termination of the Contract, or termination of the Subscription, making them available to the courier chosen by Alamar Life.
4.5 Penalties
Breaking the Multimedia Box: In case of damage or breakage of the Multimedia Box attributable to you (breakage due to falling of the box, for example), you may request its replacement against payment of a fee of 600 €, by returning the damaged Multimedia Box by putting it at the disposal of the courier chosen by Alamar Life. Failure to return the Multimedia Box, even if damaged, implies the penalties indicated below in case of “Failure to return”.
Uso non conforme: The subscription and the materials provided are to be used in family and business settings only and exclusively within the scope of the use for which the subscription was requested and in the location indicated at the time of request, in the manner described in the General Subscription Terms and Conditions. Any non-compliant use may result in the application of a penalty up to a maximum of € 4,000 (four thousand/00) and the initiation of any other action to protect the copyrighted content, in addition to the suspension of the service. This is without prejudice to the compensation of the greater damage, of all costs necessary to protect the copyrighted content and to obtain the return or recovery of each of the aforementioned materials owned by Alamar Life.
Tampering: In case of malfunction of Alamar Life’s proprietary materials, under no circumstances should you intervene directly on them (see 4.2 After-Sales Assistance/Warranty). Tampering with the Multimedia Box implies the penalties provided for “Improper Use”.
Failure to return: In case of failure to return, Alamar Life shall have the right to apply a maximum amount as a penalty of € 8,000 (eight thousand/00), in addition to claiming compensation for greater damages and initiate any other action to protect the copyrighted content, as well as terminate the Contract.
5. PROPER USE OF THE SERVICE, SECURITY AND PENALTY FOR UNLAWFUL USE
5.1 Terms of Use of the Service
You agree to use the Alamar Life Multimedia Box in accordance with the conditions signed with the Subscription:
a) for the use expressly requested and for which the Subscription has been provided, in accordance with the characteristics that such Subscription entails, it being understood that it is not permitted to disseminate and distribute either commercially or for profit, or free of charge, the programs covered by the Service in public environments and premises and/or those open to the public without it being specifically indicated in the Subscription Application;
b) you shall enjoy the Service through the Multimedia Box owned by Alamar Life exclusively at the address indicated in the Subscription Application;
c) non condividere i contenuti o metterli a disposizione in rete ad altri soggetti, in assenza dell’autorizzazione del legittimo titolare dei contenuti;
d) promptly notify Alamar Life, by a registered letter with acknowledgement of receipt to the following address: Alamar Life via Massa 24 Roppolo 13883 (BI) or by sending a PEC to cristina.fino@cert.cna.it or by sending an e-mail to ordini@alamarlife.com, of any change in the address indicated, it being understood that the Multimedia Box owned by Alamar Life shall not be used for any other purpose or in any other sphere other than those for which the Subscription was specifically requested.
e) not to use the Service for the purpose of reproducing, recording, distributing, transmitting and/or modifying, manipulating in any way and/or by any means the contents related to the provided Service, it being understood that any use of the Service other than that established under this article of any text, image, sound, video, information and/or software made available to you by means of the aforementioned services is prohibited. In case of breach of the above obligation you will be bound to indemnify and hold harmless Alamar Life from any loss, compensation, penalty, investigation and litigation expenses and prejudicial consequence in which Alamar Life may incur as a result of such breach and/or from the violation by you of the current national and international regulations on intellectual and/or industrial property rights, privative and/or related rights. You will be responsible for any use of the Service – including by third parties and/or minors accessing the equipment installed at the address provided by you or subsequently communicated to Alamar Life – according to current regulations;
f) do not tamper with or manipulate in any way and/or by any means the installed equipment (the hardware) and the software of the materials owned by Alamar Life; do not use the same equipment for purposes other than the mere enjoyment of the Service pursuant to the previous art. 5.1. a) and of these General Terms and Conditions; do not remove any distinctive sign, trademark or other informative note (including those relating to the copyrights of the legitimate owners and confidentiality obligations that you undertake to respect) related to the software and technologies included in the Service, which are granted to you herein in a non-exclusive, non-transferable manner and exclusively for the use requested in the Order Form; keep confidential, do not assign, transfer or sublicense, decompile, tamper with or manipulate in any way and/or by any means or copy the software. In the event of any breach of these obligations you will be obliged to indemnify and hold harmless Alamar Life from any loss, criminal compensation, investigation and litigation expenses and prejudicial consequences that Alamar Life may incur as a result of such breach and/or from your violation of applicable national and international regulations regarding intellectual and/or industrial property rights, privative and/or related rights. You will be responsible for any use of the equipment installed at the address provided by you or subsequently communicated to Alamar Life – including by third parties and/or minors accessing it – according to current regulations.
5.2 Security: audits, suspension of Service and contractual penalty for non-compliant use
For security reasons and to protect proprietary content, technology and materials from misuse, Alamar Life may conduct audits. As a result of these audits, if illicit uses are found, Alamar Life may take actions to suspend the Service and/or terminate the Contract, seek penalties, and take action for damages against the responsible parties.
In particular, Alamar Life reserves the right to conduct audits at any time and in any manner to verify that the use of the Service complies with Section 5.1 above.
Alamar Life also reserves the right to verify, at any time and in any manner, that the Multimedia Box is not used for the enjoyment of the Service outside the purposes and address indicated in the Subscription Application and/or at parties other than the Subscription holder, or within premises open to the public, unless this is provided for in the Subscription in place.
In cases where as a result of the controls is found to be illegal use, as not in accordance with the previous art. 5.1 letter a), b), c), d), e), f), Alamar Life may suspend the Service, giving you notice in the manner deemed most appropriate, without prejudice to the possibility of requesting the penalty indicated below and to proceed to termination. Alamar Life reserves the right to proceed with the suspension of the Service even in the case of a refusal by you to cooperate in order to allow the verifications to be carried out.
The violation of the obligations undertaken in accordance with Article 5.1 above at letter a), b), c), d), e), f) configures an offense punishable under Article 14, paragraph 1, of Law 248/00 with imprisonment from six months to three years and a fine from €2,582.00 to €15,493.00. In such cases, we will have the right to require you to pay a penalty of up to €8,000.00 (eight thousand/00), in addition to an amount to repair the damage caused to Alamar Life, without prejudice to any other right of Alamar Life, including compensation for greater damages and any other action to protect the copyrighted content. It will be the right of Alamar Life to proceed both civilly and criminally against those responsible.
6. SERVICE MODIFICATION
At any time you can request Upgrades, Variations or Downgrades:
(i) Upgrades and Variations shall be effective from the time of successful request, which request may be made by any means including telephone or telematic (ordini@alamarlife.com);
(ii) the Downgrade will be effective as of the renewal of the Contract, except if you request the Downgrade effective during the Contract which will be effective at the end of the month following the month in which your request occurred. The request may be made by registered mail with return receipt to the following address: Alamar Life via Massa 24 Roppolo 13883 (BI) or by sending a PEC to cristina.fino@cert.cna.it with a notice of at least 30 (thirty) days before the expiration of the Contract, or by the end of the previous month. In case of Downgrades, Upgrades and Variations, Alamar Life will charge a fee of 30 € for the cost of management and replacement of the Multimedia Box.
7. VARIATION OF GENERAL CONDITIONS
Alamar Life may update the fees as well as vary these General Subscription Terms and Conditions upon written notice (by e-mail) to the Subscriber in the presence of justified reasons such as: changes in laws, regulations, organizational, administrative, technical requirements, changes in the content offered, modification or modernization of the technical solutions of service provision, on the occasion of technological or computer developments, or otherwise in the presence of events, of a particular or general nature, that are relevant with respect to the contractual services. This listing is not exhaustive. In these cases, Alamar Life will inform you with a notice of at least 30 (thirty) days and you will have the right to withdraw free of charge, that is, without penalties nor costs of deactivation.
8. OTHER EVENTS OF THE CONTRACT (TERMINATION – ASSIGNMENT – THIRD USER – CHANGE OF TECHNOLOGY)
8.1 Resolution
Without prejudice to any other hypothesis of termination of the Contract provided for by law or by the Contract itself, Alamar Life may terminate the Contract, pursuant to art. 1456 c.c., by giving written notice (by e-mail) to the Subscriber, without prejudice in any case to the right of Alamar Life to the collection of the amounts due by the Subscriber under the following paragraphs and full compensation for damages:
(a) 14 (fourteen) days have elapsed since the date of suspension of the Service, pursuant to paragraphs 2.4.c above
(“Late Payment and Suspension of Service”) and 7.2 (“Technical Checks”);
(b) in case of violation and/or breach of even one of the obligations, prohibitions, warranties of the Subscriber set forth in paragraphs 4 (“Terms of Use of Materials”) and 5 (“Terms of Use of the Service”) above.
Alamar Life may terminate the contract in the event that the Subscriber is subject to bankruptcy or other insolvency proceedings, is entered in the register of protests, or is involved in criminal proceedings for fraud or other computer-related crimes.
In the event of termination of the Contract, the Subscriber will still be required to pay an amount equal to the amounts due, for any reason, under this Contract. In addition, if the termination of the Contract has occurred due to the Subscriber’s non-payment of the fees due by the Subscriber, Alamar Life shall have the right to demand from the Subscriber as a penalty, in addition to any other amount due, a total amount equal to the Subscription Fee for the different chosen Services due by the Subscriber equal to 3 (three) monthly payments, without prejudice to the compensation for the greater damages.
8.2 Contract assignment and credit assignment
Provided that the protection of your rights is not diminished, Alamar Life is authorized to assign the Contract, in whole or in part, including claims and any rights arising therefrom, to third parties without the need for further acceptance by you, which acceptance is understood to be already expressed and confirmed herein.
You may not, without the prior written permission of Alamar Life, assign the Contract or any rights and/or obligations under it to any third party.
8.3 Contract for the benefit of the Third Party Beneficiary
When completing the Order Form, you may designate a third party as a user of the Service by agreeing to:
(a) state the name, place and purpose by which the user will use the Alamar Life Service(s)
(b) pay all amounts due at the time of completing the Order Form
c) notify the Third Party Beneficial Owner of these General Subscription Terms and Conditions and ensure the Third Party Beneficial Owner’s compliance with their provisions and in particular with the provisions relating to the safekeeping of Alamar Life’s proprietary materials (paragraph 4) and the proper use of the Service (paragraph 5).
In the event that the Service is provided to the Third Party Beneficial Owner it is understood that:
(i) in the event of default by the Third Party Beneficial Owner of any obligation incumbent upon it under the Contract, Alamar Life may have direct recourse against you; and (ii) withdrawal will be effective only if sent by you in the manner set forth in Section 3 (Term and Withdrawal) above. If the Third Party Beneficial Owner named in the Order Form takes over from the original Contractor, you must send written notice by registered mail with return receipt to the following address: Alamar Life via Massa 24 Roppolo 13883 (BI) or communicate it by a PEC to cristina.fino@cert.cna.it. On the other hand, it is not permitted in any way, without written authorization from Alamar Life, to transfer the subscription to ALAMAR BOX Services to Third Parties not indicated in the Order Form, under penalty of the sanctions in section 4.5 “Non-conforming use”.
9. CUSTOMER SERVICE, COMMUNICATIONS AND COMPLAINTS
9.1 Alamar Life Customer Service
For assistance you can contact our Customer Service Department:
– by mail to the address Alamar Life, 24 Massa Street, 13883 Roppolo (BI),
– via e-mail by writing to ordini@alamarlife.com
– by telephone at the numbers indicated in the contract documents or invoices or other communications from time to time sent by Alamar Life.
9.2 Communications
We will send you information related to your Subscription (e.g., support notices, contract changes, confirmation messages, notifications, invoices if requested, etc.) as a priority in electronic format via e-mail if you have provided us with an e-mail address in the Subscription Application or thereafter. Additional means of providing you with assistance or information about the Service may be: telephone call, text message (SMS), message in invoice, written letter (e.g., in the absence of your e-mail address).
9.3 Complaints
Any complaints may be communicated to Alamar Life, by sending a registered letter with return receipt to the following address: Alamar Life via Massa 24 Roppolo 13883 (BI) or by sending a PEC to cristina.fino@cert.cna.it. Alamar Life undertakes to assess the merits of the complaints and to notify you of the outcome of the assessment of the complaint within 30 (thirty) days from the receipt of your communication, informing you, in the agreed form.
10. APPLICABLE LAW AND DISPUTE RESOLUTION
The Subscription is governed by Italian law. The Court of Biella shall have jurisdiction over any dispute relating to the Service and/or directly related thereto, without prejudice to the prior recourse to the extrajudicial dispute resolution procedures.
All materials owned by Alamar Life shall be kept and used in the manner specified in paragraph 4 of the Alamar Life Subscription Terms and Conditions.
