Terms and conditions of use of Address4 effective from 1st January 2020
The provision of Address4 Services is ruled by the Agreement signed between EGON DATA QUALITY S.L., the owner of the Address4 brand, based in Adeje TF, Spain, Calle Abinque, 7 (the “Provider”) and the natural person or the legal person, i.e. the public or private body, or the association that is the user (hereinafter the “User”) when registering the website https://www.address4.com/.
The agreement (hereinafter the “Agreement) is comprised of these provision conditions and the other specified documents that are an integral and substantial part of the Agreement for all legal purposes. The User shall print and keep the following:
- Information on the processing of personal data of Address4;
- The contractual conditions set by Royal Mail Group Ltd and HERE Global B.V, as given hereinafter.
These Terms and Conditions and the privacy information shall be accepted by the User by checking the check-box during the login phase.
Some content and data provided with our Services derive from data provided by Deutsche Post www.deutschepost.de.
Some content provided with our Services derive from data provided by Royal Mail Group Limited (© Royal Mail Group Limited 2020) – www.royalmail.com. Therefore, the User shall follow these contractual conditions that are an integral part of this agreement when using the Services.
Some content and data provided with our Services derive from data provided by La Poste, a French company of which we are a sub-provider. La Poste (https://www.laposte.fr/), is the exclusive owner of the above-mentioned data and owns all the relevant intellectual property rights (©Copyright La Poste).
All the countries
Some data available by using our Services are provided by HERE Global B.V companies that are constantly updated by our staff to guarantee the maximum quality. Therefore, when the User uses the Services, he shall follow these contractual conditions, i.e. https://legal.here.com/en-gb/terms, which is an integral part of this agreement.
Some data available by using our Services are provided by Google Ireland Limited (as defined in Section 21 (Definitions)) companies that are constantly updated by our staff to guarantee the maximum quality. Therefore, when the User uses the Services, he shall follow these contractual conditions, i.e. https://cloud.google.com/maps-platform/terms, which is an integral part of this agreement.
Address4 services are based on widely recognized international standards for the conventions of naming and mapping. For example, for naming countries and territories, Address4 mainly applies the ISO-3166 standard, recognized by the United Nations Statistics Division.
Terms and conditions
These provisional conditions aim at ruling the rights and obligations of both the User and Address4 as concerns the products and services that Address4 provides (hereinafter jointly the “Services” and, each of them, “Service”), as follows:
– software means the products that are subject to the user license and are installed by the user on his own equipment or equipment he uses as well as the relevant updates and subsequent versions;
– cloud services means all the virtual infrastructures that Address4’s personnel or structures belonging to Address4 provide the User with upon his request formulated via the web;
– assistance services means the services that allow the User to get assistance from Address4 for using cloud services, software, updates, new versions and software and patches components.
The user can also enter the platform https://account.address4.com/login
Logging in for the Services implies the unreserved acceptance of this Agreement.
2. Login and creation of an account.
To use the Services, the User must have an Address4 account with a username and password to access the Address4 websites as well as the Platform and the Services.
To create an account, the User must login the appropriate section of the website https://www.address4.com and provide the required information, such as personal details, billing information for the Services and an email address that Address4 will confirm before allowing the use of the account.
The User commits to provide true and complete information when creating an account and to keep it updated subsequently; otherwise, Address4 is entitled to interrupt and refuse the provision of Services as well as to delete or remove the account without any authorization or consent of the User.
The User is responsible for all the activities and operations of his account and shall protect it by keeping both the username and password confidential in order to prevent the improper use of a third party. The User is required to promptly inform Address4 of any improper use of his account by sending an email to firstname.lastname@example.org.
In the event of an improper or illegal use of the account by either the User or a third party, Address4 may interrupt, in their absolute discretion, the provision of Services and suspend the account until it’s possible to ascertain the restoration of the correct use has been restored.
The User can cancel his account at any time; the cancellation of the account implies that the User withdraws from the Agreement and consequently will not be accessing the Services any longer. After the User’s cancellation, Address4 shall remove the account.
If the terms and conditions of the Agreement are breached, Address4 shall also limit the access to Services or a few parts of them without any authorization or consent.
After the cancellation or elimination of the account, Address4 will be able to delete the User’s data definitely without any obligation to the User.
Address4 can provide the User, within the Services, with some software developed either by Address4 or their licensors (hereinafter “Software”).
If the use of the Software is subject to specific terms and conditions, the User will be asked to accept them before using the Software.
If there are no specific terms and conditions, the following conditions will apply: Address4 grants the User a worldwide license, free of charge and without any consideration, personal, non-transferrable, non-exclusive and revocable at any time at the discretion of Address4, to install the Software on its equipment or electronic device and use it within and for the Services.
The license is granted for the installation of the Software on one piece of equipment or one device only and its scope is to allow that only the logged-in User uses the Services provided by Address4, according to the terms and conditions set in the Agreement.
It is forbidden to copy and reproduce the Software or parts of it, except for making a single backup copy to be filed, nor to install and use a more recent version of the Software along with the version that the User was provided. Therefore, if an updated version of the Software is installed, the User will have to remove the previous one. This previous version can’t be installed on another piece of equipment or device because the use of the Software corresponds to the number of licenses available to the User. It is not allowed to modify, separate, independently use single parts or components, integrate them completely or partially in other products, nor sell, rent, hire, transfer the right to use, grant as a license to third parties, both under payment or free of charge, the Services and/or Software or parts of them, including the rights on them assigned to the User pursuant to the Agreement, or to perform reverse engineering, decode or try to extract the Software source code, unless it is provided differently by the law or a written authorization given by Address4.
No intellectual property rights are granted on any information or content of the Services and Software provided by Address4.
All data and the content of the Services provided by Address4 (hereinafter “Data”) belong to Address4 and/or the relevant licensors and they are protected by the law relevant to intellectual property.
Address4 does not allow the User any commercial, whether direct or indirect, commercial exploitation unless it is agreed upon with Address4 by means of an Agreement; therefore, the User commits to only use the Data for purposes within his own organization. This means that the User can’t assign the Data to a third party for any reason or claim.
The User accepts to use the Data of the Services provided by Address4 according to the conditions given in the Agreement and the limits set by the applicable law. The User will commit to the following:
- Not to use any automated system, except if supplied by Address4, for the access, selection or downloading of the Data relevant to the Services provided by Address4;
- Not to modify, decode, alter, reproduce, publish, distribute, sell, rent, assign the right to use, sublicense to a third party, whether under payment or free of charge, in any form, the Data relevant to the Services provided by Address4, unless it is allowed by Address4 or by one of the licenses to which the Data or a part of are subject;
- Not to use the Data within a product or a service that is not authorized which means not to offer the Data, by means of third party or on their behalf, to subjects that make or propose products similar to or compete with the Services provided by Address4, even for completing, widening, integrating, entering or deleting from any database or other collection of information sold, assigned for rental, provided or offered with any methods to third parties;
- Not to communicate their password to a third party;
- To individually use and for internal uses the Services and Data provided by Address4; it is understood that if the User is a legal person, the User commits not to allow access of the Data and content of Services to third parties that don’t belong to their organization. Therefore, if the User allows his employees and/or collaborators access to Services and Data, the User commits to oblige his employees and/or collaborators to follow the conditions of this Agreement.
The User knows that the Data and Services provided by Address4 may contain data and information from third parties and consequently, the use of the Services and Data is provided “in the conditions in which they are”, “with possible defects” and “subject to availability”, without any liability from Address4 as concerns the accuracy, reliability and suitability of this data and information which Address4 is not required to check.
4.Use of the Services.
The User accepts to use the Services and the data provided by Address4 according to the conditions of this Agreement; any type of use and/or commercial exploitation, direct or indirect, even by means of third parties is excluded and expressly forbidden unless it is allowed by Address4 through the granting of the proper license. Therefore, the User can’t assign to a third party any service provided by Address4. The only allowed use is for purposes within the User’s organization.
The User commits to access the Services only by the interface or the instruments provided by Address4 and not to circumvent the technological measures that rule the access to Services or use any automated system or other means to enter, purchase, copy or control any part of the Services nor use any other technology or start any other business that could damage the Services.
Address4 may suspend or interrupt the provision of Services to the User if the User does not follow the conditions of this Agreement.
5. Intellectual property.
By using the Services provided by Address4, the User does not acquire any intellectual property rights on the Services or Data to which he accesses.
It is forbidden to use the Data from the Services outside of the scope of the conditions given in the Agreement or where it is not permitted by law.
The conditions of the Agreement do not grant the User the right to use any brand or logo used in the Services provided by Address4.
It is forbidden to remove, hide or modify any legal notes displayed or displayable in the Services provided by Address4 or with them.
6. Modification and interruption of Services.
Address4 reserves the right to modify and improve their Services at any time without prior notice, adding new functions as well as correcting, modifying or removing the existing ones.
Some services may only be offered for a limited time or they may change according to the Country and/or the geographical area or User device.
Moreover, Address4, in its sole discretion, may communicate to the User the interruption of all Services or part of them for a period needed to carry out maintenance or at other times, either temporarily or definitely.
In any case, Address4 expressly disclaims any declaration and guarantee relevant to the continuity of a particular Service or Datum.
For Services subject to payment, Address4 will send a communication relevant to the substantial modifications made on Services to the User’s email address set in the login.
If Address4 eliminates a Service subject to payment, they will reimburse the User, on a proportional basis, the amount of payment carried out and corresponding to the remaining portion of the Service that the User would be entitled to use at the time of cancellation.
7. Availability of the Services and technical requirements.
The User recognizes that all online services are subject to occasional malfunctions and interruptions. Services may be temporarily unavailable in the event of a malfunction or occasional interruption or for scheduled maintenance operations. The availability of Services, Data and, more generally, operations relevant to the Services provided by Address4 may depend on the network, the compatibility of the User’s device and the supported formats. Address4 expressly disclaims any guarantee relevant to the availability of a specific Service or Datum.
To access Services, the User might need to download a specific component of the Software developed either by Address4 or another subject. In this case, the User is responsible for using the latest available version for using the Services properly.
In order ensure the User with the most recent Software version and the correct operation of Services, the User’s device can automatically check the availability of Address4’s Software updates. If updates are available, the User will be asked to approve their installation. In any case, the User can install the Software by means of all other available updating channels.
If Address4 considers the Software update important or critical, they may prevent the User from continuing use of the previous Software version or accessing the Service until the update is installed.
8. Guarantee exclusions.
Address4 does not issue any guarantee, express or implied, as to the content of the Services and Data, their accuracy and promptness, the specific function of the Services and their reliability, availability or capability to meet the User’s needs. The Services and Data are provided “in the conditions in which they are”, “with possible defects” and “according to their availability”. The User accepts that the presence of errors in Services does not mean that Address4 hasn’t fulfilled his obligations deriving from the Agreement and does not cause the creation of any right that is not given in this Agreement.
As a result of what is stated about data and information of third parties, contained in the Data and Services, Address4 does not guarantee that the Services will not be subject to interruptions or will be free of viruses and errors.
The User accepts and expressly acknowledges that the use of the Services is at his own risk and that Address4 is not liable for damage, delays or problems relevant to the Internet connection that is exclusively charged to the User.
Address4, to the extent permitted by law, does not give any implied guarantee of suitability to a particular scope and eviction and, as a result of the conditions given in the Agreement, Address4 is expressly exempted by the User.
In any case, Address4 will avail the exclusions of the guarantees given in the Agreement to the extent in which these guarantees will be considered as valid and admissible by law in the jurisdiction in which a controversy between the User and Address4 may arise, as Address4 does not intend to limit the guarantees and the protections of the User beyond the limits admitted by law.
9. Liability limitations.
Address4 will not be responsible for direct damages caused by the use or the User’s incapability to use the Services. In no case will Address4 be responsible for indirect, punitive or consequential damage, including financial loss such as the loss of profits or turnover caused either by the use or the User’s incapability to use the Service. Address4 will be liable only in the event of breaching the obligations of the Agreement and, in any case, Address4 will not be liable for the costs borne by the User for purchasing replacement Services and Data, for any possible losses or damage relevant to the Agreement or for the use of the Services that are not attributable to a failure by Address4 to fulfill its obligation, regardless of the fact that Address4 has been informed of the said losses or damage.
The User accepts to indemnify and hold Address4 harmless from any claims of third parties and from the economic consequences that might derive from the User breaching the conditions of this Agreement and the rights of intellectual property or privacy of a third party, or because of the misuse of the Services by a third party if that misuse was due to the User’s fault or negligence.
Address4 will avail of the liability limitations given in the Agreement to the extent that they will be considered as valid and admissible by the law in force in the jurisdiction where a controversy between the User and Address4 might arise. Address4 does not intend to limit the guarantees and the protections of the User beyond the limits admitted by law.
10. Considerations and use of Credits
To access the Services, the User must purchase credits through the proper functionality available from the Services (hereinafter, “Credits”). Every time that the User uses the Services, an amount corresponding to the cost of the required Service will be deducted from his Credits, as shown on the price page https://www.address4.com/pricing-and-plans.
To purchase Credits, the User will select the amount of credits he wants to purchase and the payment method. After providing the required information, the User will select the “purchase” option, “ok” or “accept ” from the page where payment is to be done or he will select any other box of the order acceptance page.
The Credits are personal in nature and can’t be assigned or transferred or made available to third parties for any reason or claim.
After creating the account, the User will have 100 Credits to use within a 30 day period from the registration (hereinafter “Trial period”). When the Trial Period ends, if the User doesn’t purchase any Credits within the next 7 days, Address4 will eliminate the account.
Payment will be carried out in the following ways:
1. PayPal platform; by selecting this payment method, the User will be redirected to the Paypal website where he will pay;
2. Stripe platform; by selecting this payment method, the User will be redirected to the Stripe website where he can pay with a credit card.
In both cases, Address4 will not be liable for any payment and/or negotiation managed by Paypal or Stripe. Therefore, Address4, is not liable for any problem and/or damage occurred to the User concerning or deriving from the payments carried out by Paypal or Stripe.
Address4 will not be liable for any loss or damage deriving from invalid or wrong transactions and this includes, for example, transactions that are not processed because of a communication error of the network. When the User carries out a transaction, he is responsible for making sure that the transaction is successful.
The User recognizes that Address4 uses PayPal and Stripe platforms to provide the Services given in this agreement. The User recognizes that those platforms could be subject to changes at any time and the changes could negatively affect the Services. Address4 won’t be liable for possible negative effects that the actions (intentional or unintentional) of Paypal or Stripe may cause to the User’s Paypal or Stripe account or his activity.
The Services can be offered on a subscription basis or with automatic renewal. In these cases, the User authorizes Address4 to arrange for periodic payments during the subscription period. If the User does not pay by the payment deadlines, Address4 will suspend or annul the Services. If the Services are suspended or annulled because of the failure to pay, the User will not be able to access the Services and use the account.
The amounts and fees of the Credits may be modified. The amounts and fees include the applicable taxes in force at the time of the transaction, unless otherwise provided for. The bank or the institute that issued the payment may charge the User with some additional costs based on the currency change rate and/or the commissions that the bank or the institute has agreed upon with the intermediary. Address4 is not liable for the charge of these costs and commissions.
The purchased Credits are valid for 1 (one) year (i.e. 365 days, starting from the day when the purchase takes place); Address4 will send the User a communication 30 days before the expiry at the email address the User provided during registration. The User expressly accepts that after the expiry of the period of validity or if the account is canceled or eliminated for the reasons given in the Agreement, the unused Credits will not be reimbursed by Address4.
The use of Services might involve the transmission of data by means of the access provider to the User’s network. The prices of the Services do not include the costs, if any, for transmitting the data, text and voice messages and other services that may be charged by the network provider for transferring the data.
Address4 is not liable for the payment of any amount due to the network provider.
All purchase orders are subject to Address4’s acceptance.
11. Effectiveness of the Agreement and returns.
The license and the authorizations provided for by these conditions of use will be effective from the Agreement acceptance and will be in force as long as the User’s account is active except for the possibility of Address4 withdrawing from the agreement with an emailed notice sent to the address the User provided during registration at least 3 months in advance.
The User accepts that the electronic delivery of the Data may begin simultaneously with the placement of the order and that, therefore, he will not be able to cancel his order as soon as the it has been processed. The nature of the Services prevents the return of Data and their contents.
If, following the order, the User discovers and promptly informs Address4 that the provided data don’t correspond to the description of the ordered Service or that pluri-orders were generated accidentally because of a technical problem, Address4 will recognize the User the replacement of the Data by re-crediting the Credits that the User used to pay the order or by reimbursing the payment done for a duplicated order. Alternatively, to the above mentioned, no reimbursement will be granted.
In the event that the Agreement is no longer valid, the User’s unused Credits will not be reimbursed.
12. User’s privacy
Address4 protects the User’s privacy. The User shall read and accept the “Privacy information note of Address4”, where they state the methods of collection and the type of data that Address4 collects from the User and his relevant devices. The information also gives the methods that Address4 uses to process the User’s data, the files uploaded by the User and their processing by the Services. By using the Services or accepting the conditions given by the Agreement, the User agrees that the collection, processing and possible disclosure of his data is carried out by Address4 in accordance with the methods given in the “Privacy information”.
13. General provisions.
The Agreement is ruled by Italian law and all controversy arising from it will be subject to the Italian jurisdiction and exclusive competence of the Court of Verona, except for specific jurisdictions and mandatory competences given by law, as well as applicable international treaties, agreements and rules.
The conditions given in the Agreement don’t exclude or limit any mandatory right of the User in the Country where he is resident.
If a provision of the Agreement is void, the other provisions won’t be invalidated and won’t be ineffective and the void provision will be replaced by a valid one that will be more suitable to the purposes and scopes of the Agreement.
In the event that one or more provisions of this Agreement are not relevant for the use of the Services by the User, this will not have any consequences on the validity and effectiveness of any other provision of the Agreement. If there is a conflict between the conditions of use of the Services of the Agreement and the “Privacy information”, the Agreement provisions will prevail.
The Agreement provisions are valid even after the termination of the Agreement or the cancellation of the User’s registration and will be effective even after that moment.
Address4 can publish the communications within the Services. Moreover, Address4 can provide the User with communications on products and Services by using the email address or the phone number that the User has provided to Address4. Such communications will be considered received by the User within 7 (seven) days at the latest from the date on which Address4 published or sent them. If the User has continued to use the Services, it will mean that he has accepted all communications, despite how they are sent.
If the User needs to send communications to Address4, he will contact the Customer Service by writing to email@example.com.
Address4 can assign their rights and obligations claimed in the Agreement to holding or subsidiary companies or companies subject to common control without getting any authorization from the User. Moreover, Address4 can assign his rights and obligations of the Agreement to a third party in the event of a merger, acquisition, transfer of the company without asking the User for any authorization.
14. Expressed approval of provisions
By logging in and ticking the checkboxes in the dedicated form, the User expressly declares that he accepts, pursuant to and for purposes provided for by articles 1341 and 1342 of the Italian civil code, the following provisions: 3. (Licenses), 4. (Use of Services), 6. (Modification and interruption of Services), 7. (Availability of Services and technical requirements), 8. (Guarantee exclusions), 9. (Liability limitations), 10. (Considerations and use of credits), 11. (Effectiveness of the Agreement and returns), 13. (General provisions).