1. General provisions and Object
Cashlog is a service operated by Buongiorno S.p.A., with legal office at Parma, Borgo O. Masnovo 2, Italy, registered at the Register of Companies of Parma, with number 02699820045, ( here in after "Buongiorno").
1.1. This Terms and Conditions ("Agreement") are made and applicable between Buongiorno and end users ("Users") who wants to register into Cashlog in the web area of www.cashlog.com and set out roles and obligations of each party during the use of Cashlog services and solution provided by Buongiorno and connected to the purchases of digital goods through micropayments solution by mobile phone, fix telephone and internet ("Services").
The Services supplied by Buongiorno to Users are free of charge.
The User certifies having legal age and full capacity to enter into the Agreement and to use the Services.
2. Services supplied to not registered Users
Cashlog shall supply to Users not registered to Cashlog web site called www.cashlog.com ("Web Site") the following Services:
- The "track purchase status" tool, that allows User to view the details of each Digital Good's purchase transaction, by entering the User’s telephone number and the purchase code in the web page www.cashlog.com/track-purchase-status.
- The "deactivation subscription" tool, that allows User had purchased a Digital Good under subscription to view the subscription status and to deactivate it.
The purchase code shall be sent to any User purchasing Digital Good through micropayments solution by mobile phone, fix telephone and internet in the purchase confirmation message and also available in the purchase web page.
Not registered Users that are using a French mobile phone number can’t access to these services. To track their purchases or to deactivate subscriptions, French Users shall contact their Telecom Operator.
3. Services supplied to Cashlog registered Users
Cashlog shall supply to Cashlog registered Users into the Web Site a web reserved area ("Reserved Area ") where User can view:
- A "transaction page" where are indicated all the purchase transactions of Digital Goods done by User with the mobile phone number entered in the Cashlog registration form;
- A "subscription page" where are indicated all the purchase transactions of Digital Goods under subscription done by User with the mobile phone number entered in the Cashlog registration form, with all the details related to each Digital Good purchased and any amount paid. Within the subscription page the User can view each subscription and eventually deactivate each of them.
- A page "My Account" where User can view, modify and cancel his data entered into the registration form and cancel anytime his registration into Cashlog or contact Buongiorno in order to try to solve any commercial and technical problems.
Users that are using a French mobile phone number cannot register to the Cashlog service.
4. Registration Procedure
User can register into Cashlog trough the Web Site. The registration procedure is not available for Users that are using a French mobile phone number.
Once data are verified and User is registered, Cashlog shall provide an account in order to guarantee User with a personal access to a personal web area ("Reserved Area"). The access shall be granted by entering the e-mail address and password selected during registration procedure. In particular User has to complete the following registration procedure:
- complete the form to open a Cashlog account, providing accurate information that is kept regularly updated by User;
- agree to these Terms and Conditions, including all documents applicable to Cashlog Web Site and Services;
- receive by Buongiorno an e-mail confirming the opening of a Cashlog account;
- follow the instructions contained in the e-mail to validate the registration. Without express written authorization by Buongiorno, each User cannot open more than one account. User undertakes that all data supplied in the online form are true and that all data shall remain accurate, up to date and complete through the duration of this Agreement. Should User provide data and information that are inaccurate, out of date or incomplete, Buongiorno reserves the right to suspend User's account with immediate effect until such time as User has rectified the data. User shall keep confidential and reserved his account name and password in order to prevent any use of them to third parties. User may not authorize any third party to access the Services on his behalf. User therefore shall be the sole responsible for all activities associated with the use of his account and password and shall be the sole responsible for any damage to Buongiorno and to third parties in breach of the above. User must immediately notify Buongiorno of any unauthorized access to Cashlog, undertaking to keep Buongiorno harmless and indemnified from any damaged and claim arising or related to, directly or indirectly, any use or unauthorized use of the personal account of password by third parties.
5. User's obligation and warranties
5.1 Buongiorno supplies the Services for personal purposes. User cannot use the Services for professional activities and purposes.
5.2 User undertakes not to make available to the public, on pages dedicated to Cashlog and on the Reserved Area, any element which is contrary to the public order, law or common decency; directly or indirectly insulting, defamatory, racist, xenophobic, homophobic, revisionist or injurious; element which are inciting to suicide, violence, prostitution, pedophilia or exploitation of person lesser than 18 years; any content offering or proposing online gambling or betting services not authorized under current regulation. 5.3 User undertakes not to use Cashlog Services on behalf of third parties and not to provide data of third parties in the registration form.
5.4 User undertakes not to use, copy or register both Cashlog and Buongiorno name or trademarks.
5.5 User undertakes not to commit acts or omissions which can disrepute or denigrate Buongiorno name and Cashlog Services. In particular, User undertakes not to seek in any way to alter or modify the functioning of Cashlog Platform.
6. Buongiorno obligations and warranties
Buongiorno undertakes, during the term of this Agreement:
- to supply the Services in compliance with the highest market standard; in particular Buongiorno undertakes to supply, install and keep always functional the technological interface necessary to correctly manage Users requests (activation/identification/deactivation of the Services), sending caring sms, as well as the connection between Users and Telecom Operators in order to make the latter billing the costs of the Digital Goods;
- to use sources, systems and technologies of high quality comparing with the market standard, in order to allow User to use Services according to this Agreement;
- not to infringe any patents, copyright, trademark or industrial secret or any third party right.
- to supply a first level customer care service to Users for matters strictly connected to billing processed by telecom operators available by calling:
- the phone number + 390423/402010 for Italy, 902 80 85 38 for Spain, or
- by sending an e-mail to email@example.com.
7. Limitation of liability and indemnification
Liability for Digital Goods
7.1 Buongiorno cannot under no circumstances be held liable in case Digital Goods purchased by User are not compliant with the applicable law. Buongiorno, therefore, cannot undertake to verify the compliance of Digital Good with the applicable law or the nature, quality or quantity of the same, or may not be liable for any use of Digital Goods by User, and do not guarantees and therefore accepts no liability, in case of interruption of the access to Digital Goods, for any reason beyond the control of Buongiorno.
7.2 Buongiorno cannot not be held liable if Digital Goods do not correspond in nature, quality and quantity to Digital Goods offered to Users. In any case Buongiorno cannot not be held liable if Digital Goods are not delivered to User, both for technical reasons and because Digital Goods requested by User are not existent or available anymore. For this purposes the User shall contact directly the Digital Good's provider.
Liability for Services
7.3 Buongiorno cannot not be held liable for any indirect damage arising or related to the provision of the Services.
7.4 Buongiorno cannot not be held liable for any use of the Services by User not compliant with technical specification of the Services or with any provision of the present Agreement. In case User, in order to avoid any decadence, has to communicate in writing to Buongiorno any claim related to the Services, within 30 days from the effective execution of the Services by Buongiorno.
7.5 Buongiorno cannot not be held liable for any interruption or temporary suspension of the payment platform by telecom operators.
7.6 User undertakes to keep Buongiorno harmless and indemnified by any claim and damage, also economical, arising or related to the breach, for any reason, by User of the warranties and obligations undertaken according to the present Agreement.
Each party agrees to use documents and information received by the other party for the sole purpose and scope of executing this Agreement. Each party undertakes to keep confidential and not to disclose any information obtained under or in connection with this Agreement ("Confidential Information") and will not, without the prior written consent of the other party, disclose the Confidential Information to any person other than the parties employees or professional advisers. The above confidentiality obligations will not apply to (a) any Confidential Information which has been published; (b) information lawfully in the possession of the recipient before the disclosure under this Agreement took place; (c) information obtained from a third party who is free to disclose it; and (d) information that is required to be disclosed pursuant to a court order or some other body in authority in the jurisdiction provided that (where possible) the disclosing party promptly informs the other of the requirement and takes all reasonable steps so as to disclose only that Confidential Information that is necessary and ensures that the Confidential Information remains confidential outside of the required disclosure.
9. Intellectual Property Rights
9.1 All intellectual or industrial rights, including but not limited to trademarks, industrial secrets, copyright, Cashlog and Buongiorno domain, are and remain of Buongiorno.
9.2 User does not acquire on his behalf or in behalf of third party any right on creativeness, trademarks, domain name or logo of Buongiorno or related to the Web Sites he knew by using the Services according to the present Agreement.
9.3 It is agreed that Buongiorno does not assign User any right related to Telecom Operator trademarks and logo.
9.4 Each unauthorized use or infringement of trademarks, logo, distinctive sign of Buongiorno, Cashlog and telecom operators can be persecuted according to the applicable law.
10. Term and Termination
10.1 This Agreement takes effect from the date of acceptance of this Agreement, by clicking the terms and conditions acceptance button on Web Site or from the date of first use of the Services by User and will be terminated, for registered Users, from the date of cancellation from Cashlog and, for not registered Users, from the end of use of the Services.
10.2 In any case Buongiorno shall have the right to suspend or interrupt the provision of the Services and to terminate this Agreement, by sending a written communication by e-mail, in case of any breach by User of any obligation of article 5 or any obligation indicated in this Agreement or, for any event of force majeure occurred or, in case of suspension or interruption of the Services because of telrcom operators requests and caused by the latter.
10.3 In particular Buongiorno shall have the right to close at any time the User account and terminate the provision of the Services if User: (a) enters false data and information in the registration form, (b) breaches the terms and conditions of this Agreement, (c) uses the account by breaching the applicable law and the terms and conditions of this Agreement.
11. Personal Data processing
12. Force Majeure
Buongiorno shall not be liable for any failure or delay to meet its obligation under this Agreement as a result of a force majeure event or circumstances beyond its reasonable control, including but not limited to earthquakes, inundation, riot, uprising, strikes, including company, lockouts, delays in transport, death or injury of the employees, or agents of Buongiorno, communication problems, embargo, bans and prohibitions imposed by any authority.
13. Governing Law And Exclusive Jurisdiction
This Agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out or in any way relating to it or its formation) shall be governed by and construed in accordance with Italian law. All disputes arising out of this Agreement shall be settled by the Court of Milan.
14. Amendments and integration
This Agreement or any part thereof may be modified or integrated at any time by Buongiorno. User undertakes to regularly check the Agreement General Conditions as updated on the latest version available and published on www.cashlog.com. The Amendments of the Agreement made by Buongiorno will have immediate effectiveness. Should User disagrees on the amendments made by Buongiorno, he shall be entitled to terminate the use of the Services. It is understood that in case User continues to use of the Services under the amended Agreement, the amendments will be considered accepted by User.
@ Buongiorno S.p.A, last version published on April 10th, 2012