Terms and Conditions of Planorama
This document establishes the general terms and conditions (hereinafter the "Terms and Conditions") regulating the access and use of the PLANORAMA application (hereinafter "The Application or PLANORAMA")
held and managed by FACTORY HOLDING COMPANY 25, S.L., (hereinafter, Factory 25), with Tax Identification Code number B-82364373, and registered office in Calle Príncipe de Vergara, 33, Madrid, registered
in the Madrid Trade Registry, Volume 14205, folio164, sheet M-233823, entry 1st.
The access to the Application, its downloading and use are subject to the acceptance and compliance with these Terms and Conditions; therefore, the user may not access the Application and/or use the services
offered by PLANORAMA in case of disagreement with the same. The Terms and Conditions available at each time on the Application and on its web page (www.planorama-app.com)
will be considered to be in force and
therefore applicable; we must also consider applicable to the users all the particular conditions, warnings, regulations, legal bases of promotions or operation instructions advised to it in relation with
the Application, and which complete the provisions of these Terms and Conditions. We recommend the users to print or save a copy of these Terms and Conditions for further queries, even though they will always
be available on the Application or on the web.
II. SERVICE DESCRIPTION
PLANORAMA is a completely free of charge mobile phone application you can use to make plans and share them with your friends.
Any user will be able to suggest several Private Plans via the application to other users as long as these are in the address book of the user’s mobile device. If the user
you want to invite does not have the application installed, you can suggest the plan to them via email, SMS (free for PLANORAMA users), Facebook or Twitter.
Every Planorama user can send up to 20 free SMS per week. Once you have sent the 20 free SMS, this invitation method will be unavailable, but you can still invite using any of
the other aforementioned methods. For Planorama users, it’s always free.
Only the user who made the Private Plan will be able to see which other users have been invited to it and have confirmed their assistance. Users who have been invited to a Private Plan
will be able to see which of their contacts are going to attend this Private Plan.
III. TECHNICAL AND TERMINAL REQUIREMENTS
Mobile terminal requirements:
The Application will be available for the following Operating Systems:
• iOS (Iphone): available on the App Store
• Android : available on Google Play
Internet / PC requirements:
For the correct operation of the Application, it is necessary to have an associated data fee. The cost of the data fee will be completely born by the user, in accordance with the data fee contracted with his/her operator.
The Application also operates with WIFI, but it is advisable to have an associated data fee for the occasions in which it is not possible to connect by WIFI.
IV. REQUIREMENTS TO BECOME A USER
The Application may be contracted by any person of legal age or, where applicable, by emancipated minors more than 14 years old, with a full capacity to contract.
The condition of user of the Application may be acquired by any person more than 14 years old.
Children under 14 years old can only become users of PLANORAMA after the prior authorisation of their parents, tutors or legal representatives, who will be liable for the acts performed by people in their charge.
If you are younger than 14 years old, we recommend that you download the Application with your parents, tutors or legal representatives so that they can know how it works and authorize you to use it and share
information, archives or photographs with other users or friends.
These circumstances cannot be initially verified by PLANORAMA; therefore, PLANORAMA reminds parents and tutors about their responsibility to take care for the use that people in their charge make of the
APPLICATION and its functionalities. In all cases, PLANORAMA reserves the right to request from the parents or tutors of children less than 14 years old documentation verifying their condition of parents
or tutors of the minors who wish to download the application, and their consent for the minors to use the Application.
Users guarantee the veracity of all data that they communicate as a consequence of the procedure for contracting the application.
The condition of user will be acquired automatically, once the Application is correctly downloaded, or by means of the processes that PLANORAMA may offer at each time to the different users.
V. LIABILITY OF THE USER :
FACTORY 25 cannot control the use that the user makes of the APPLICATION; therefore, it cannot guarantee that the use made of the APPLICATION is made in accordance with law, with these General Conditions, with
morality and/or with the public order. Each user must respect the mentioned regulations, showing a special attention with regard to the Intellectual and Industrial Property Rights, and must not user the services
for illegal purposes, or in a way that infringes the rights and interests of FACTORY 25 or of third parties holding the same. Furthermore, and unless FACTORY 25 has put at the disposal of users a system expressly
intended for that purpose, the user will not obtain or try to obtain any type of content, whether they are, without limitation, texts, graphs, drawings, sound files, images, photographs or videos. Specifically,
FACTORY 25 forbids all downloads, copies or reproductions of contents made by means other than those enabled by the same for this purpose. FACTORY 25 will not be liable for the damages of any nature that may arise
from the incorrect, illegitimate or illegal use made by the user of the Services and Contents of the APPLICATION. Users are the only ones liable for the messages and Contents that they decide to store, communicate,
exchange or put at the disposal of other users through the different Services provided by the Application. Notwithstanding the above, users must under no circumstances use this Application as a support for infringing
law or the rights of third parties, regardless of their nature (including, without limitation, intellectual and industrial property rights, right to honour, privacy and to one’s own image, right to the protection of
personal data, etc.) and must adopt the pertinent diligence and caution not to cause any damage or risk of damage to FACTORY 25, to other users or to any third party.
The User must adopt the pertinent diligence and caution not to cause any damage or risk of damage to FACTORY 25, to the Portal, to users of the Portal, to users of the Service and to any third party. Furthermore, and
in case the Contents contain images or photographs of people, the User guarantees FACTORY 25 that the same have been taken or shot with the consent of their protagonists, and that they know the scope of the assignment
that the User is going to make to FACTORY 25, or that putting the same at the disposal of third parties does not constitute an infringement of the regulations in force. Especially, and for the case of photographs or
other contents related with minors, the user guarantees he/she is the father/mother or tutor of the minor to which the content refers, or that he/she is expressly authorised by the parents or tutors of the minor for
the use of such contents, and that he/she has informed the minor of the use of such photographs.
The User also undertakes not to introduce computer viruses that can provoke damages in the computer systems, (hardware and software) or in the telecommunication equipment of the access supplier, his/her suppliers or third
party users of the Internet network or of mobile phones, being solely liable for the damages of all kinds that may be due to the presence of viruses or the presence of other elements in the Contents that may produce alterations
in the phone terminal or in the files of the users.
The user will be solely liable for the messages and Contents that he/she decides to store, communicate or exchange with other Users of the APPLICATION. Regardless of the methods that FACTORY 25 may use to detect the messages
or Contents that are potentially illegal or that potentially infringe the rights of third parties, if you consider that any of the messages or contents to which you can access or that any behaviour of a user infringes your
rights or the laws in force about intellectual property or copyright, protection of minors or any other regulations in force, you can contact us by means of a written document addressed by post to the registered office of
FACTORY 25, stating the following data:
• Name, address, telephone number and e-mail address (optional).
• Clear identification of the content or behaviour potentially infringing or damaging own rights or rights of third parties, and of the infringing user.
• Indication of the reasons due to which the content or behaviour mentioned in the previous paragraph may be potentially illegal and may potentially damage own rights or the rights of others.
FACTORY 25 excludes, with all the extension allowed by the legal system, any liability for the damages of any nature that may be due to the transfer, spreading, storage, availability, reception, obtaining or access to any
Content provided by users, and that is at the disposal of others and of the users; in particular, although not exclusively, there is an exclusion of the liability for the damages that can be due to:
• The non-compliance by third parties with law, morality, the generally accepted good practices, and the public order;
• The infringement of intellectual and industrial property rights, of business secrets, of contractual undertakings of any type, of the rights to honour, to personal and family privacy and to the image of people, of the
right to the protection of personal data, of the property rights and rights of other nature belonging to a third party;
• The performance of acts of unfair competition and illegal advertising;
• The lack of veracity, accuracy, thoroughness, relevance and/or updated character of the messages and/or contents;
• The unsuitability for any type of purpose and the disappointment with regard to the expectations generated by the messages and/or contents;
• The vices and defects of any type of the contents.
FACTORY 25 reserves the right not to accept or to withdraw at any time the Contents and/or messages that do not comply with the provisions of the legislation in force or of these Terms and Conditions.
FACTORY 25 may, with no prior warning and at any time, suspend and/or expel from the Service any user who repeatedly supplies Unsuitable Contents, who shows an inadequate behaviour in the use of the APPLICATION, or who
does not comply with these Terms and Conditions.
Consequently, FACTORY 25 reserves the right to disconnect or suspend the access to the APPLICATION for users whose behaviour or use of the APPLICATION:
• Are illegal, offensive, violent, libellous, pornographic or racist.
• Use without consent Contents protected by copyright.
• Infringe the regulations in force about intellectual and industrial property, and especially, which imply a violation of the rights on marks, patents, domain names, etc.
• Include personal data of third parties without their consent, such as the name and surnames, telephones, e-mails, etc.
• Include images or photographs of third parties without their consent.
• Infringe the legal rules or regulations about secrecy of communications, personal data protection, right to honour, image and personal and family privacy.
• Lead, promote or encourage discriminatory attitudes on grounds of sex, race, religion, beliefs, age or any other infringement of the fundamental rights and of the freedoms acknowledged by the Spanish Constitution
and the rest of the legal system.
• Use a vocabulary that refers to the aspects named on the previous paragraph.
• Lead or encourage acting illegally, illegitimately or in a way contrary to morality, public order or security.
• Lead to a status of anxiety, terror, addiction or insecurity.
• Lead or encourage any person to get involved in practices which are dangerous, risky or which go against health and psychical or emotional balance.
• Imply in any way an invasion of the privacy of third parties.
• Incorporate any image of minors without the mandatory authorisation of their parents or tutors.
• Advertise or promote products which do not belong to FACTORY 25, or induce to the contracting of the same.
Furthermore, FACTORY 25 reminds users of the Services, that in accordance with its duty to cooperate with public authorities, it will provide the data of its users and of the Contents of the APPLICATION to public
authorities that require them for the investigation of a crime or misdemeanour.
VI. INDUSTRIAL AND INTELLECTUAL PROPERTY
FACTORY 25 is the sole owner that holds the corresponding licences and/or authorisations of the exploitation rights of the intellectual and industrial property of the APPLICATION, its contents, Products and
Services ( including, without limitation, the databases, images, photographs, drawings, graphs, games, text files, audio, video and software) , and of the marks, logotypes, trade names or any distinctive sign,
software, computer programmes or databases that form part or have formed part of the same at any time.
In no case must we understand that the access and use of the APPLICATION, implies the waiver, transfer, licence or total or partial assignment of those rights.
Furthermore, it is forbidden to modify, copy, reuse, exploit, reproduce, communicate publicly, make second or subsequent publications, load files, send by post, transfer, use, treat or distribute in any way
all or part of the contents included in the APPLICATION, without the express and written authorisation of FACTORY 25 or, where applicable, of the holder of the rights.
Furthermore, unless there is an express authorisation, and in the terms and with the penalties foreseen in the applicable regulations in force, the following is forbidden: the suppression or alteration of
technological measures and information for the management of rights appearing on the works and services which are the subject matter of this transfer, and the distribution, import for distribution, public
performance, issuance through broadcasting, public communication in all its ways or putting at the disposal of the public those works and services or their copies and transfers in which that information
has been suppressed or altered with no authorisation.
Some products and services may be subject to temporal licences granted by third parties; therefore, FACTORY 25 reserves the right to withdraw them unilaterally and with no prior warning.
Protection of Marks
All Products and Services and the names, marks, software, advertising creativities, web pages, texts, graphs, photographs, images and/or any other audiovisual or sound content, related with the APPLICATION,
are the subject matter of intellectual and/or industrial property owned by FACTORY 25.
VII. PERSONAL DATA PROTECTION
In accordance with the provisions of Organic Law 15/1999, 13th December, on Personal Data Protection (LOPD) and of Law 34/2002, 11th July, on Information and E-commerce Society Services (LSSICE), FACTORY 25
communicates the users of PLANORAMA that the personal data supplied will be treated by FACTORY 25 in accordance with its Policy of Personal Data Protection described below:
The access and use of the APPLICATION implies that the user must provide personal data associated to his/her account in the APPLICATION. The collected personal data will be treated on a confidential way, and
the purpose of their collection is to carry out the process of contracting and/or downloading of the APPLICATION, and to maintain and manage the relationship with FACTORY 25 as a user of PLANORAMA. Furthermore,
the user accepts the electronic submittal (e-mail and/or SMS or other text messages) of commercial information, which might interest him/her, about the products and/or services initially contracted, and about
services and products, such as music, videos, images, games, applications, draws, promotions, contests, participation in television programs, voting, games of skill, bets, casinos, which might interest him/her,
and which are commercialized by FACTORY 25 at all times (this purpose will remain after the termination of the contractual relationship until the user revokes –where applicable- his/her consent to that regard).
The user may oppose to the treatment of his/her data with promotional and commercial purposes sending an e-mail to firstname.lastname@example.org indicating in the subject of the message "DEREGISTRATION FREE ADVERTISING".
The user accepts that the personal data he/she provides are subject to treatment in an automated file, which is held by FACTORY 25 and which is its liability, duly notified to the General Data Protection Registry
of the Spanish Data Protection Agency by means of the mechanisms established to that regard. FACTORY 25 guarantees that all personal data provided by the user will be used with the purpose, in the way and with the
limitations and rights granted by Organic Law 15/1999, on Personal Data Protection. This consent is granted notwithstanding all the rights belonging to users pursuant to the regulation mentioned before and especially
to the possibility to exercise freely the rights of access, cancellation, rectification and opposition to their data and revocation of the authorisation with no retroactive effects; those rights can be exercised
sending a request addressed to FACTORY 25, by e-mail to the address email@example.com, or by post to the address Príncipe de Vergara, 33, Madrid, including:
•Name, surnames and photocopy of the National Identity Card of the interested party and, where applicable, the document proving this party’s representation.
• Grounded petition on which the request is specified.
• Telephone number / e-mail on which he/she wants to exercise his/her right.
• Address for notice purposes.
Furthermore, the user himself/herself must update and amend his/her data, following the procedure previously described. FACTORY 25 will not be liable for the consequences that may arise for users due to their lack
of diligence when updating the mentioned data.
Also, users expressly consent that their data can be assigned to other entities of the marketing industry or belonging to the Spanish Federation of E-commerce and Direct Marketing (FECEMD), or grouped in different
industries (Financial, Publishing, Education, Automobile, NGO, Computer, Telecommunications, Consultancy, Energy, Medicine, Textile, Household, Hygiene, Health, Beauty and Personal Care Products, Furniture, Food,
Collectionism, Music, Videos, Hobbies, Office Material, Technology, Travel, Toys, Jewellery, Sports, Cleaning Products, Social Networks, Insurance), so that they can receive offers of several products or services
in which they might be interested.
If the user does not want to receive information about products or services related with the areas of activity described in the previous paragraph, he/she can send an e-mail to the address firstname.lastname@example.org
indicating in the subject of the message TOTAL DEREGISTRATION ADVERTISING.
Due to the social functions of the Application, and other applications developed by FACTORY 25, the user expressly accepts:
•That the rest of users of the Application or any other applications developed by FACTORY 25 that have their telephone number in the agenda of their mobile device are able to see the applications developed by
FACTORY 25 which have been installed by such user.
The installation of the same will be made in order to personalise queries in PLANORAMA or in order to avoid a mandatory manual identification before those queries. The temporary installation of cookies forms part of user
sessions and its purpose is to maintain the session reminders ("automatic login / remind me in this equipment").
what users do; only data about logins and about operations performed by the user during his/her browsing through the web of PLANORAMA to give support to the maintenance of sessions are stored; they expire when the
session is closed or due to inactivity.
Cookies are stored in the local system of the user and under his/her control, with the possibility of deleting them with the functionalities provided by his/her browser for that purpose. If you do not wish FACTORY 25
to organise the cookies of your browser, you can configure it so that it rejects them or in order for it to notify you when a website tries to place one cookie in the software of your browser. If you reject the cookies,
this can affect the capability to use some of the products and services from the web of PLANORAMA.
Furthermore, the user can delete cookies removing temporary files and caches.
To oppose to the installation of cookies during browsing, the user can configure his/her browser for not accepting them.
FACTORY 25 guarantees that the contracting of the contents is made in a safe environment.
IX. DURATION AND TERMINATION
The rendering of the Service through the APPLICATION has, in principle, an indefinite duration. However, FACTORY 25 is authorised to terminate or suspend the rendering of the PLANORAMA service, notwithstanding
the provisions to that regard in the corresponding Particular Conditions. When it is reasonably possible, FACTORY 25 will previously warn about the termination or suspension of the rendering of the Service
through the APPLICATION or through the different contact means through which FACTORY 25 can contact with its users.
X. SEVERABILITY OF CLAUSES
If any clause included in these Conditions is declared to be totally or partially null or ineffective, such nullity will only affect that provision or the part of the same that is null or ineffective;
the rest of the Conditions will remain in effect.
XI. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by Spanish law. For any dispute that may arise from the rendering of the Services or from the interpretation and application of the Terms and Conditions, both
parties submit to the Courts and Tribunals applicable to them in accordance with the applicable legislation.
In case of any incidence in the reception of the Services, you may contact us by phone and by the e-mail email@example.com.
FACTORY 25 is not adhered to any type of extrajudicial procedure for the remedy of conflicts.
© All rights reserved. 2013. FACTORY HOLDING COMPANY 25, S.L.