Panda Security, S.L., in compliance with the provisions of Spanish Law 34/2002 on Information Society Services and Electronic Commerce (hereinafter LISSEC), hereby notifies the User, prior to the rendering of services, of the procedures and obligations required for the execution of this agreement:
- The User undertakes to enter the personal details and any additional information required for the service to be provided.
Panda Security, S.L. guarantees, by means of the contents of the Conditions, to comply fully with applicable consumer protection legislation in order to protect the legitimate interests of users throughout the entire process of contracting the products, services, content and/or tools offered via the website.
2. THE PARTIES TO THE AGREEMENT
The present Conditions are subscribed by:
Panda Security, S.L., (hereinafter Panda Security), with registered offices at Buenos Aires 12, Bilbao (Spain), for notification purposes, with VAT number B- 48435218, registered in the Mercantile Register of Bilbao, Tome BI-59, Book 134, Sheet BI-767-B, 1 st inscription.
The User, being the person that uses the website and/or the products, services, content and/or tools and who has entered his or her details in the form provided by Panda Security in order to access any of the products, services, contents and/or tools offered via the website owned by Panda Security. The User is solely and exclusively responsible for the authenticity of the data entered.
3. SCOPE AND PURPOSE
The present Conditions applying to the offer of services, as well as any other terms and conditions which may be applied, have the purpose of regulating the purchase and acquisition of the products, services, contents and tools provided by Panda Security to the User via its website and constitute the legal framework within which the contractual relationship is established, whether via financial transaction or the free provision of goods or services (in accordance with the specific license agreements corresponding to the products, services, contents and/or tools).
The products, services content and or tools subject to this agreement will be those made available to users at the following website belonging to Panda Security: http://www.malwareradar.com
All of the products, services, contents and/or tools will be subject, where applicable, to specific contractual conditions which will be available on the website. Similarly, the products, services, contents and/or tools which so require, will be subject to the terms and conditions of their respective end user license agreements.
These conditions and user license agreements are available for consultation, printing and saving by the User prior to executing the agreement.
4. ACCEPTANCE AND AVAILABILTY OF THE CONDITIONS OF USE OF THE WEBSITE
The present Conditions, along with any specific conditions that could apply, regulate the contractual relationships entered into by the User via the Panda Security website. The User expressly accepts to abide, without reservation, by the version of these provisions published by Panda Security at the moment in which the product, service, contents or tools are contracted. The User therefore undertakes to read the contractual conditions each and every time he or she contracts a product or service, as said conditions may have changed since they were last accessed.
The present Conditions are not exhaustive and other conditions specific to certain products, services, contents or tools available on the website may exist and will be available to the User where applicable.
By accepting the present Conditions the User declares:
- That he or she is legally entitled to execute agreements.
- That he or she has read and accepts the present Conditions.
The User will always have access to all contractual terms and conditions applying to the products, services, tools and content available on the website prior to the execution of the agreement. The User may contact Panda Security by e-mail at: email@example.com with any questions relating to the present Conditions.
5. MODIFICATION TO THE CONDITIONS FOR CONTRACTING AND USING THE WEBSITE.
Panda Security may, with due cause or reason, modify the present provisions. Due cause or reason is understood to be when such modifications are as a result of the:
- Increase to the range of products and services available to the User or improvements to existing products and services.
- Adaptation to technological advances of the products and services subject to the present conditions.
- Modification, substitution or update of the prices of the products and services offered via the website.
6. CONDITIONS FOR ACCESSING THE WEBSITE AND USING THE PRODUCTS AND SERVICES
Access to the Panda Security website is free of charge, without prejudice to any specific pricing conditions that may apply to the acquisition of certain products or services or the use of certain content or tools.
The User undertakes and guarantees to use the website in accordance with applicable legislation, the Conditions established in the present agreement and respecting accepted moral standards.
To this end, the User undertakes to:
- Not use the services, products, content and/or tools that Panda Security has made available, for illegal purposes or purposes expressly prohibited by these provisions or the effects of which may infringe upon the rights or interests of Panda Security or third-parties.
- Abstain from any activity that could damage, overload, harm or impede the normal functioning of Panda Security's website. Similarly, and in accordance with applicable legislation, the User undertakes to refrain from illicitly or fraudulently obtaining site contents or stealing or plagiarising said contents.
- Not to use the products, services, contents or tools for illicit purposes, or for any end which could be prejudicial to Panda Security. The User shall not modify, copy, distribute, publish, grant or sell any information or image in any way related to the products, services, contents or tools offered by Panda Security through its website content.
The User shall hold Panda Security harmless in the event of damages caused to third-parties as a result of the User's rightful or wrongful use of the products, services, contents or tools available on the website.
To this end, the User accepts sole and exclusive for any liability that may arise from the circumstance described in the previous paragraph. Similarly, the User will meet legal costs and compensation that could arise from legal proceedings resulting from the User's failure to comply with that established in the preceding clauses or in any other applicable legislation.
Panda Security, in order to guarantee the rights established in these Conditions and fulfilment of applicable legislation, may:
- Appoint administrators to supervise the service, respecting, in all circumstances, the User's right to privacy.
- Temporarily interrupt website services without prior warning and at any time for technical or legal reasons.
- Modify the conditions governing the offer of products, services, content or tools for technical or legal reasons.
- Modify the content of products, services, content or tools on the website without prior notice, should it see fit for business reasons. It also reserves the right to refuse access, without prior notice, to the products, services, content or tools to any User who contravenes the present Conditions.
- Remove or replace any information that may be illegal or simply offensive from the products, services, contents or tools offered via the website.
- Report to the competent institutions any suspected illicit conduct, activity or data of which Panda Security is aware.
7. THE PARTIES' OBLIGATIONS
7.1. Panda Security 's obligations
Panda Security undertakes to fulfil the following contractual obligations which arise from the commercial relation with the User as a consequence of his or her contracting the products, services, content or tools:
- Provide the User, in good faith and with maximum guarantees, the product, service, content and or tool requested by the User in accordance with the present Conditions, and the end user license agreement where applicable.
- Expressly inform the User of the existence of the present Conditions prior to the execution of the agreement.
- Specifically, precisely, clearly and unequivocally inform the User prior to the execution of the agreement of the specific characteristics of the products, services, content or tools requested, as well as of the prices and any applicable taxes.
- Make available to the User the text of the Conditions. Similarly, and for those products, services, content and/or tools that require, any applicable specific terms and conditions derived from the user license agreement of the item in question.
- Give the User confirmation that the transaction has been successful, except in the case of those products that are executed immediately, within 24 hours of payment (where required) and acceptance of the applicable conditions by the User.
- Send the User the receipt of payment or invoice for the products or services contracted from Panda Security, should such products or services require purchase.
- Comply with applicable consumer rights regulations and legislation with respect to the return of products and services by the User, as specified in the sections concerning returns in the present Conditions.
7.2 The User's obligations
The user undertakes to:
- Fulfil the obligations established in the present Conditions, as well as the specific conditions established on the website at: http://www.malwareradar.com , concerning the products, services, content and tools offered by Panda Security.
- Complete the registration forms with true and accurate information, where such information is a mandatory requisite for accessing Panda Security 's products, services, contents or tools.
- Complete the forms required for the purchase of products, services, content and tools with true and accurate information, as such information may be necessary for these items to be delivered and/or invoiced.
- Use the products, services, content and tools in accordance with the specifications laid out in the Conditions and solely for the purposes established in the end user license agreement.
- Provide, in the case of purchasing products, services, content and tools, the financial details required by Panda Security, and pay all sums due in accordance with the method of payment and the established prices published by Panda Security with respect to each product or service at the moment they are contracted.
- Refrain from sending messages which could impede or interfere with the normal operation of the services offered by Panda Security. In any event, the User will be solely responsible for the messages he or she composes and sends, as well as the data he or she provides.
8. LIABILITY OF THE PARTIES
8.1. Panda Security's liability for the functionality of the website.
Panda Security will only be liable for loss or damages incurred by the user as a consequence of accessing the website, acquiring products or services, or using the contents or tools when such damages are attributed to willful misconduct on the part of Panda Security.
Similarly, Panda Security will not be held liable for damages incurred by the user in the event of the impossibility of offering the service subject to the present general agreement conditions due to accident, force majeure or other causes not attributable to Panda Security.
Neither will Panda Security be liable for the malfunction of the website where such malfunction is due to maintenance work, incidents, malfunction of the terminal or lack of sufficient resources for supporting the systems essential for the use of the service.
Panda Security will take the measures necessary to ensure a rapid response, but Panda Security will not be held responsible for delays attributable to telecommunication services nor does it guarantee delivery times for product, services or where applicable, contents or tools.
8.3. User's liability
The User will be solely liable for the consequences of the communication of false data or data corresponding to third parties.
In the event of failure by the User to comply with the applicable obligations arising from the agreement, Panda Security reserves the right to take any corresponding legal action as well as restricting access to products, services, content and tools.
9. LIMITATION OF LIABILITY
Panda Security makes every effort to ensure that the information that appear on its website is true and up-to-date. However, errors or omissions may occur, and for this reason, the User should not consider information to be accurate without first checking the accuracy of the information with Panda Security. None of the information or content on this website should be considered as an indubitable fact. Panda Security cannot control how the User utilizes the information or content offered on this website and will therefore not be held responsible for deeds, acts or damages, whether direct or indirect, suffered by the User or third-parties which could be the consequence or arise from the use of said information or content.
To this end the User holds Panda Security harmless from any liability arising from interruptions when acquiring products, content and tools, or disruptions to the provision of services due to force majeure or circumstances beyond its control. To this effect, elements beyond its control include (i) the modem, (ii) the User's IT systems, (iii) Internet browsing software, (iv) viruses, (v) telephonic and electrical connections, (vi) ADSN, and any other transport or telecommunication infrastructure used by the User.
10. PERSONAL DATA PROTECTION AND E-COMMERCE
Access to the website by the User and the acquisition of products and services and the use of tools or content via the website implies the processing of personal data. Complying with legislation governing the processing of personal data and information society services and electronic commerce is of the utmost importance to Panda Security.
In general, users of the website will have no need to provide any personal data whatsoever. However, to access products, services contents or tools, users will in some cases, need to provide certain personal details. Panda Security guarantees that such data will be treated confidentially and in accordance with legislation governing the protection of personal data and information society services and electronic commerce.
Panda Security complies with applicable data protection legislation, and has taken the administrative and technical steps necessary to guarantee the security of the personal data that it collects.
The User is hereby informed and gives consent for his or her data to be included in automated data files belonging to Panda Security -with registered offices at Buenos Aires 12- and which are registered in the Spanish General Data Protection Register and for said data to be processed as the consequence of the consultation request or purchase of any service or product or any other transaction or operation carried out with the aim of accessing information or services provided by Panda Security on its website or to maintain the contractual relationship or to sent marketing information to the User.
The User also gives his or her express consent for the aforementioned personal data to be transferred to Panda Security's International Representatives and or Authorised Distributors, solely and exclusively for the purposes established in the above paragraph and in accordance with the Organic Law on the Protection of Personal Data and in Instruction 1/2000 on the International Transfer of Personal Data. More information about the identity of Panda Security's International Representatives and Authorised Distributors is available at: http://www.pandasecurity.com/about/contact/.
The User declares that all the data he or she provides will be true and accurate and undertakes to inform Panda Security of any changes to said data. The User has the right to object to the processing of any of his or her data which is not essential for the execution of the agreement and to its use for any purpose other than the maintenance of the contractual relationship.
Similarly, and in compliance with the Spanish Law 34/2002 on Information Society Services and Electronic Commerce, Panda Security and its International Representatives will only send marketing information by e-mail or other electronic means to those users who have given their express consent to such activity.
Panda Security informs the User that he or she can unsubscribe from the mailing list by following the instructions at the bottom of all e-mails or by sending an e-mail to firstname.lastname@example.org , or by writing to Panda Security, S.L. Legal Affairs, Buenos Aires 12, 48.001 Bilbao (Spain).
Panda Security uses the latest technology on its website to guarantee the protection of information. Panda Security guarantees that the contracting of products and services will be carried out in a secure environment.
A secure environment is indicated by a padlock symbol in the browser status bar or the letter “s” after http in the address field of the browser.
Panda Security may store and make use of the IP addresses of users of this website in order to analyze trends, administer the website and monitor the use of the entire website. Panda Security does not associate IP addresses with personally identifiable information.
Panda Security is not responsible for web pages linked to its website, and will not therefore be responsible for the contents on any such website. Users consult such web pages at their own risk, under their own terms, conditions and legal notices for which Panda Security is not responsible.
13. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Panda Security holds the intellectual and industrial property rights over the elements that comprise the website, such as the trade names, trademarks, designs and symbols. These include, but are not limited to, the copyrights on logos, colour combinations, the choice and form of presentation, web page source code, menus, browser buttons, HTML code, Java applets, texts, images, graphics, as well as any other content of the web page related to products and services provided by Panda Security.
The User undertakes to respect the intellectual and industrial property rights of the website and of the products, contents and tools. To this end, the User will refrain from copying, reproducing, distributing, making available or publicly communicating website content, without prior written authorisation Panda Security. In this event, the User will always act in accordance with the following conditions:
Any total or partial reproduction of the website, or of the tools or contents, must include the Panda Security copyright notice: "© Panda Security 2008. All rights reserved". Similarly, in case of reproduction and/or distribution of content belonging to third-parties which appears in this website, the corresponding copyright warnings of these third-parties must also appear.
The content of this website may not be modified unless prior written authorisation from Panda Security has been granted. Such content may be used for information purposes only and not for commercial aims or for distribution, public communication, transformation or de-compiling.
Panda Security reserves the right to revoke authorisation to use the content of its website at any time. In such cases, those concerned must cease to use the utility. Panda Security will not be responsible for any third-party information to which part or all of the contents of its website have been added.
None of the images or graphics on Panda Security´s website may be used separately from the rest of the images that appear with them or from the corresponding text, where relevant.
It is not permitted to distribute or publish the content of the website together with information that promotes:
- Pornography and/or prostitution.
- Child abuse.
- Arms trading.
- Any other illegal content.
The names of the products that may appear on the website may be registered trademarks of their respective companies.
The prices and tariffs corresponding to the purchase of products and services by the user will be those that appear in Panda Security's website (www.malwareradar.com) in the moment that the User accesses the product or service and commences the purchase process . Similarly, the conditions concerning shipping costs and taxes will those specified on the corresponding web page.
Should the product or service contracted by the User need to be physically delivered , shipping costs may vary according to the geographical location of delivery and will be met by the User.
Panda Security reserves the right to modify tariffs and price lists published on its website should it see fit. In any event, any such changes will not apply to products and services contracted prior to the modification, with the exception of concepts related to the renewal of products and/or services.
Methods of payment for the services will be as specified in the corresponding conditions at the time they are contracted and will always be available to the User prior to their being contracted. Panda Security reserves the right to cancel the services contracted by the User in the event that the latter does not respect the methods of payment stipulated, or does not pay for the products and/or services.
15. DURATION OF THE AGREEMENT
The contractual obligations derived from the contracting of the products, services, contents or tools by the users from Panda Security will remain in force for the period of time stipulated in the corresponding specific conditions or in the terms and conditions of the product's end user license agreement available to the User beforehand.
The present Conditions and any corresponding specific conditions shall remain in force for as long as they are published on the aforementioned website and will apply from the moment the User uses the website and/or begins to contract any of the products, services, contents or tools.
Panda Security reserves the right to unilaterally modify the Conditions, without prejudice to the conditions under which products have been acquired prior to such modification, with the exception of cases in which users have acquired a new product version, or if services have been modified by Panda Security, in which case, the terms and conditions in force at the moment of the change or modification will apply.
16. DELIVERY PERIODS AND METHODS
Due to the wide range of Panda Security products and services on offer, delivery periods and methods will be as specified in each case at the time they are contracted.
In any event, Panda Security guarantees to deliver the product or provide the product or service contracted by the user in under than thirty working days as of the day after the User has accepted the present Conditions or, where applicable, the specific conditions and/or the end user license agreement for the product or service requested. However, Panda Security shall not be held responsible in the event that the aforementioned delivery period is exceeded due to force majeure, accident or due to the actions of third parties.
17. TERMINATION OF THE AGREEMENT
Panda Security reserves the right to terminate the products, services, contents or tools contracted at any time, and without prior notice should the User fail to comply with the general and specific contractual conditions or where applicable the end user license agreement for the product or service in question.
The User will have a period of seven working days, as of the date of receipt of the product or the date of execution of the agreement in the case of services , within which time he or she may terminate the agreement subscribed with Panda Security without any penalty whatsoever.
To exercise the aforementioned right, the User must inform Panda Security in writing, either by fax, registered postal mail or by e-mail at: email@example.com
In this event, Panda Security will reimburse the User within 30 days of the receipt of the written notification from the user.
Under no circumstances may the User exercise the right to terminate or withdraw from the agreement in cases where the goods supplied coincide with their specifications, or, where due to the nature of the goods, they cannot be returned or expire rapidly, such as IT products supplied digitally which could be rapidly downloaded or reproduced.
Should the product and/or service contracted by the User need to be physically delivered by Panda Security to the User, the user may return the product within seven days of receiving it. The User may return the product provided it has not been opened or used and that its original packaging or warranty seal is unbroken and that it is returned along with the invoice or delivery note.
To this end, in the event that once the product has been bought and paid for by the user, the product is no longer available, Panda Security will fully reimburse the user within thirty days.
19. APPLICABLE LEGISLATION AND JURIDICTION
The present contractual conditions are governed by applicable Spanish legislation.
In the event of any doubt or disagreement about the interpretation of the provisions herein or their effects, the only competent authority will be the Bilbao Courts of Justice. The User expressly renounces any other jurisdiction that may correspond to him or her.
All notifications, requests, petitions and other communication carried out by the parties with respect to the present general terms and conditions must be written and sent by registered post or burofax to the other party at their postal address.
21. EXPORT RESTRICTIONS
Some of the Panda Security products available via this website may be subject to US export restrictions and regulations.
The Panda Security products affected by such restrictions are those listed below. Such restrictions apply to all versions of these products including final release versions, betas, trial versions or any other and also to any documentation connected with the product.
Panda Antivirus 2008
Panda Antivirus + Firewall 2008
Panda Internet Security 2008
These programs may not be downloaded in, nor exported or re-exported to the following countries (or by nationals or residents of these countries): (1) Cuba, Iraq, Syria, Libya, Sudan, North Korea, Iran, Taliban-controlled Afghanistan, (2) any other country subject to US embargoes (3) or any nation included in the US Treasury Department's Specially Designated Nationals list or in the US Commerce Department's Table of Denial Orders.
By downloading or using programs from this website, you accept the foregoing conditions as well as any applicable export restrictions. You guarantee that you are not in, or resident or national of any of the nations included in the previous paragraph or those in any of the aforementioned lists.
The information concerning export restrictions in the present clause is not necessarily exhaustive. For more information concerning export restrictions, please contact the Bureau of Export Administration at the US Commerce Department.
22. SEVERABILITY OF CLAUSES
Should any provision of this agreement prove to be, become or be declared null and void or unenforceable, the remaining provisions shall be unaffected and shall remain fully valid and effective.