The document refers to the PHOEBE Web/Mobile Applications
[Last updated on 24 June 2018]
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS, PAYING PARTICULAR ATTENTION TO OUR “PERSONAL DATA PROTECTION POLICY” (ARTICLE 10 BELOW), BEFORE USING ANY OF THE PHOEBE WEB/MOBILE APPLICATIONS (REFERRED TO ALSO AS “SERVICES”) THAT LINK TO THIS DOCUMENT. ALL USERS OF THE SERVICES AGREE THAT ACCESS TO AND USE OF ANY OF THE SERVICES ARE SUBJECT TO THESE TERMS AND CONDITIONS AND RELATED APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES.
PHOEBE Research and Innovation Ltd (the “Company”) provides Web/Mobile application services (the “Services”) to its customers, other permitted users and/or to the public depending on the service and its intended scope. We have worked hard to give you the essential information here and elsewhere on the Services website and company website to get you comfortable with the Services and to make it useful to you. These “Terms and Conditions of Use” (the “Terms”) enable us to provide you with the products and services, information, other content and features available through the Services.
1. Scope of access to Services and related rights: Subject to these Terms, the Company grants you a limited, revocable right to access and use the Services solely for your own use. You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of these Services. Further, you may not reproduce all or any portion of the Services. These Services and their contents are the intellectual property of and are owned by the Company and/or its service providers and collaborators. The Company reserves the right to suspend or terminate use of these Services by you or other users in its sole discretion.
2. User account: For certain Services, prior to performing a transaction through them you may optionally or mandatorily establish a user account. In case you do establish a user account it will be accessible upon input of an authorized e-mail address and a designated password. You are responsible for maintaining the security of any user passwords and other account details issued to you for use with any Service, and you are also responsible for the integrity and security of the operating environment from which you access the Service.
3. Children’s privacy and Service age limitations: The Services are intended for use by persons aged 16 or older, and by your use of any of the Services you affirm that you are at least 16 years of age. In addition, if you are under the age of 18, you are only permitted to use the Services with the consent of your parents or a legally appointed adult guardian. The Company will not knowingly allow registration of an account for any person that the Company believes to be younger than 16. We also do not collect any personal data or otherwise any personal identifiable information from any persons under the age of 16 and if we discover that we have been provided any such information, we will delete this information from our records without undue delay.
4. Data/Information errors: Although the Company strives at all times to maintain the accuracy of information maintained on the Services, occasionally certain data and/or information errors may occur on the Services. In the event that any data/information that is available through the Services is mistakenly populated at a wrong state or with other incorrect information, the Company reserves the right to either refuse or cancel the order or to charge you the correct price when you come to pick up your order or when your order is delivered.
5. Order acceptance and inability to fulfill orders (Applicable to Services that deal with online orders):
5.1 Generally. If you select the appropriate option at the time you place your order, the Company will send an order acknowledgment to your designated e-mail address once you have placed an order with us. The Company reserves the right to refuse or cancel any orders for any reason, and whether the order has been confirmed or not. Without limitation of the foregoing, the Company is not responsible for any inability to fulfill orders. If your credit card (if applicable) has already been charged for the purchase and your order is cancelled by the Company, we will return the amount charged through your credit card account.
5.2 Abandoned orders. If you place an order with us and fail to pick it up or accept its delivery, the Company reserves the right to charge you the amount due (including by charging your credit card, if applicable). If you realize you cannot pick up the order or accept its delivery, please contact the Company as soon as possible to let us know you cannot pick up or accept the delivery of the order and to see whether a charge may be avoided. Abandoned orders lead to higher products’ costs, which in turn requires us to raise our prices. This policy is in place to help us manage products’ costs and keep our prices low.
6. Web store orders (shipped via common carrier)
6.1 For general returns: If for any reason you are unsatisfied with what delivered following your order, we will exchange or refund the order within 2 days of delivery, once you return the original order. Return shipping charges are incurred by you, if and where applicable.
6.2 For order cancellation: If the order has not yet been prepared and/or shipped, the order may be cancelled without any penalties and the charges refunded. If the order has already been prepared and/or shipped, then you will pay the amount of your order in full. Products must be returned unopened and in initial conditions.
6.3 For defective or damaged orders: If the order arrives in an unsuitable condition or damaged, then we will resend the same shipment once the customer has returned the damaged shipment. Return shipping charges will be incurred by the Company.
7. Termination of service use: The Company may terminate your access to any of the Services at any time. In addition, your access rights to use the Services may also be terminated if you fail to comply with these Terms. You agree that the Company will not be liable to you or any third party for any termination of your use of any of the Services as a result of your failure to comply with these Terms. If your use of our Services is terminated for any reason, the provisions relating to Copyrights, Trademark, Warranty Disclaimers, Limitations of Liability, Indemnification and Miscellaneous, shall survive any such termination.
8. Service warranty disclaimers: EACH SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING EACH SERVICE OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN EACH SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT EACH SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE COMPANY NOR ITS LICENSORS OR (HOSTING) SERVICES PROVIDERS MAKES ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH EACH SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitations of liability: NEITHER THE COMPANY NOR ITS LICENSORS OR (HOSTING) SERVICES PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE COMPANY’S PRODUCTS, SERVICES OR THE SERVICES COVERED BY THESE TERMS, THE PERFORMANCE OR USE OF THE SERVICES, OR ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES, EVEN IF THE COMPANY (OR ITS LICENSORS OR HOSTING SERVICES PROVIDERS) HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Personal Data Protection Policy: We are diligent about protecting the privacy of your personal data and that of other users of the Services and the use of the Services is subject to our Personal Data Protection Policy, which you may read here:
We do our best to comply with the EU General Data Protection Regulation (from now on referred to as ‘EU GDPR’) or any subsequent update of the relevant EU regulations, as well as any other stricter rules enforced by law and regulations in the countries through which we operate.
The Company does not store and/or process any of your personal data directly. The collection, storage and processing of your data are being undertaken by the Company, PHOEBE (which is the Controller of the data), or our service providers under strict agreements, and in full compliance with the Company’s Data Management and Protection Policy . We inform you that we have signed agreements with all our Service Providers, which refer to the rights and obligations regarding the collection, storage and processing of your personal data and clearly requests full compliance with the EU GDPR. You are encouraged to contact our Data Management and Protection Officer for anything related to the use of your personal data, including enforcing your rights.
The details of the implementation of this policy are given below:
We adopt the definitions of the EU GDPR and in addition to that, we define the following:
· User or You: The individual using the Services, which must coincide with or be authorized by the data subject, to whom the personal data refers.
Data that we collect in relation with the Service
You agree that you are responsible for any personal data of third parties you obtained, published or shared through the Services and you confirm that you have the third party's explicit consent to provide those personal data to the Company.
Why we collect and process your data
We collect, store and process your above mentioned personal data for the sole purpose of providing the requested Services and for the part of the Services which you explicitly request by giving your explicit consent.
Specifically, the IP information will only be used in case of malicious use of the Services or serious bridge of the Terms, with the aim to ban the access to the Services.
Mode and place of processing the Data
Methods of processing
The Services process your personal data in a proper manner and we take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the data. The data processing is carried out using computers and/or IT enabled tools, following procedures and modes strictly related to the purposes indicated. In some cases, the data may be accessible to certain types of persons in charge, involved with the operation of the Services or external parties (such as third party technical service providers, hosting providers, IT companies, communications agencies) appointed, if necessary, as data processors by the Company. The updated list of these parties will be provided in this Article immediately after their appointment and you will be notified accordingly using any reasonable channels.
In no way will the Company disclose any of your personal data to people or organisations outside the Company’s personnel and the legally bounded Service Providers.
Place of processing
The data is processed at the Company's operating offices and at the premises of the legally bounded Service Providers or third-parties which collaborate with the Services’ Providers for the sole purpose of providing the Services. For further information, please contact the Company.
Data retention time
The Data is kept for the time necessary to provide the Services, as explicitly requested by you or stated by the purposes outlined in this document and the data management and protection policy of the Company, and you can always request that the Company suspend or remove the data, by withdrawing your consent and/or by exercising any of your rights mentioned in the sequel.
Additional information about personal data collection and processing
Your personal data may be used for legal purposes by the Company, in Court or in the stages leading to possible legal action arising from improper use of any of the Services.
You declare to be aware that the Company may be required to reveal personal data upon request of public authorities.
Your rights in relation with this policy
Your rights are clearly stated in the Data Management and Protection Policy of the Company. In summary, you have the right to access all your personal data the Services process, to ask their rectification and/or erasure, to access the restriction of their processing in part or in full, to be notified of any changes with respect to the processing of your data, to ask to receive your data in an appropriate format for portability purposes, to object the processing of your data, to object the use of your personal data in automated processing and profiling, as well as to lodge a relevant complaint with a supervisory/regulatory authority.
We confirm the Company’s readiness to help you enforce your rights immediately after you contact us with a related request.
11. Copyright: The entire content included in the Services, including but not limited to text, graphics or code is copyrighted under certain license terms, and are the property of the Company (or its service providers and licensors), with ALL RIGHTS RESERVED. You agree not to change or delete any proprietary notices from materials downloaded or accessed from the Services.
12. Trademarks: All trademarks, service marks and trade names and logos of the Company used in the Services are trademarks or registered trademarks of the Company. Other marks used on the Services that have been posted by the Company are the property of their respective owners and are used on the Services under permission.
13. Applicability of terms and changes: These Terms are applicable to you upon your accessing any of the Services and/or completing the registration or ordering process on any of the Services, where applicable. These Terms, or any part of them, may be modified by the Company without notice at any time, for any reason; provided that, if we decide to modify these Terms, we will note at the top of these Terms the date of the last update, which should alert you to changes in these Terms since your prior visit to any of the Services.
14. Indemnification: You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, service providers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms, (ii) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your user account, (iii) any content or other materials provided or posted by you, or (iv) the violation by you of the rights (including intellectual property rights) of any third party resulting from your use of the Services.
15. Third-party links: In an attempt to provide increased value to our customers and other Service visitors, the Company may provide links to websites operated by third parties. However, even if the third party is affiliated with the Company, the Company has no control over these linked sites, all of which have separate terms and privacy practices, independent of the Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Company seeks to protect the integrity of its Services and the links placed upon it and therefore welcomes any feedback on not only its own Services, but for sites it links to as well (including if a specific link does not work).
16. Notice and address: The Company may deliver notices to you concerning your activities on the covered Services by means of e-mail, a general notice on the Services, or by other reliable method to the address you have explicitly provided to the Company and in full compliance with the data protection policy as detailed in Article 10 of this document.
The Company’s contact details can be found at http://www.phoebeinnovations.com/contactus .
17. Miscellaneous: Your use of the Services shall be governed in all respects by the laws of the state in which the Company maintains its headquarters office, without regard to such state’s choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods. Any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises. The Company's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. The Company may assign its rights and duties under these Terms to any party at any time without notice to you.