CAMEConnect

General conditions

1. SUBJECT

1.1 These general conditions (the “General Conditions”) govern the terms of licensing and use of the software (the “Software”), required to use the system called CameConnect (“CameConnect” or the “Service”), which includes (i) the web interface via the website www.cameconnect.net site (the “Website”); (ii) the application for smartphones (the “App”); (iii) firmware and software; (iv) hardware devices (the “Hardware”).

1.2 The Service is intended solely for users operating for purposes not related to their entrepreneurial, commercial, artisanal or professional activities (the “Users”).

1.3 In order to access the Service, the User, upon activation of the Service itself, must fill in a form present on the Website, in which he/she will have to provide some personal data (the “Form”). The General Conditions, together with the Form, are a contract between the User and Came S.p.A. (the “Contract” and “Came”, respectively).

1.4 In order to fill in the Form, the User must also open an account on the Website, if he/she has not done so already, creating an ID and relative password.
Except in the event that a third party violates the Came computer systems, the User shall be exclusively responsible for maintaining the confidentiality of his/her account information, including the password, and any activities originating from the account itself. In the event of unauthorised use of the account, the User shall give immediate written notice to Came so that the account itself can be blocked.

1.5 By accepting the General Conditions, the User declares that he/she is aged over eighteen and is in possession of all the requirements necessary to accept the terms contained herein and recognises the compulsory nature of said terms.

2. SOFTWARE LICENCE

2.1 The Software is the exclusive property of Came.

2.2 By entering into the Contract, Came grants the User a non-exclusive, revocable, limited, personal and non-transferable licence for the Software for an indefinite period, which may only be used in accordance with the terms of the Contract.

2.3 The User shall be exclusively responsible for the use of the Software and, to that end, undertakes not to use it with any application other than CameConnect and/or in relation to products other than those from the Came Group.

2.4 The User remains responsible for ensuring he/she has the tools and technical accessories necessary to support the use of the Software.

2.5 Came remains the exclusive owner of all rights concerning the Software and CameConnect, including trademarks, patents and confidential information related thereto. Consequently, under the Contract, the User does not acquire any right, title or interest in respect of any intellectual property rights, copyright or other proprietary rights, including patents, designs, trademarks, copyright, database rights, commercial or confidential information or secrets proprietary to or available to Came.

2.6 The User recognises that the Software, and related documentation, are licensed exclusively to the User and that the use of the Software must be in accordance with applicable laws, in particular those concerning the protection of copyright and/or other industrial or intellectual property rights.
Consequently, the User is prohibited from:

  • copying (except for backup), transferring, reselling, sublicensing and/or marketing the Software in any form, in whole or in part;
  • modifying, decompiling, disassembling and/or performing reverse engineering on the Software;
  • using the Software for purposes other than the operation of CameConnect;
  • removing any reference to Came’s proprietary rights relating to the Software and CameConnect.

3. THE SERVICE

3.1 The Service has the characteristics described in detail in the User Manuals.

3.2 Each subscription to the Service is governed by the General Conditions, in the version published on the Website at the time the Form is submitted.

3.3 The prices and characteristics of the Service are subject to change without notice. Before filling in the Form, the User must verify the aforementioned information and, in particular, the indicated amount.

3.4 The User acknowledges that:

  • it is necessary to download and install the Software in order to use the Service;
  • correct use of the Software requires the possession of an automation, home automation, security, temperature control and/or video surveillance system manufactured by Came, which has been enabled for remote management.

3.5 Any costs for connection via internet, including telephone costs, according to the rates applied by the operator chosen by the User himself/herself, are the sole responsibility of the User. The User also hereby declares that he/she is aware of the fact that the Hardware must be equipped with a SIM card that permits internet access, with costs borne solely by the User himself/herself. The estimated data consumption for average use is less than around 1 GB/month for each automation, it being understood that actual traffic depends on actual usage.

3.6 The Service can only by purchased by users residing in once of the countries listed on the Website.

4. CONCLUSION OF THE CONTRACT

4.1 In order to purchase the Service and sign up for the related subscriptions, the User must first register on the Website and submit the Form.

4.2 The publication of the Service on the Website represents the invitation to the User to submit a contractual offer, which will be submitted by filling in the Form. Came reserves the right to accept or reject said offer.

4.3 The Contract will be considered concluded at the moment in which the Service is activated or in which the activation confirmation e-mail is sent to the User at the e-mail address indicated on the form, whichever comes first.

4.4 In the event that Came encounters any inaccuracy in the fee and/or characteristics of the Service published on the Website, it will give explicit written notice to the User, who will be free to formulate a new offer.

5. FEE AND PAYMENT

5.1 Where applicable, the fee for the Service indicated on the Website (the “Fee”) is expressed in Euros.

5.2 Unless otherwise specified, the Fee is inclusive of VAT and any indirect taxes, if applicable.

5.3 The User shall pay the sum indicated on the Form to Came, according to the deadlines set out therein.

5.4 Upon completion of the Form, where a Fee is required, the User will automatically be directed to the website of the subject responsible for the management of online payments. Came reserves the right to verify the identity of the holder of the credit card by requiring proper documentation.

5.5 The provision of the Service will only start when the payment of the Fee has been correctly received by Came. If Came does not receive payment within 10 working days from the due date, Came may immediately suspend the Service and terminate the Contract by giving written notice to the User.

6. RIGHT OF WITHDRAWAL

6.1 The User is entitled to withdraw from the Contract concluded under the General Conditions, without penalty, within 14 days of its conclusion.

6.2 To exercise the right of withdrawal, the User must inform Came, before the expiry of the period referred to in art. 6.1 above, by completing this sample withdrawal form, or by sending an explicit declaration of his/her decision to withdraw.
Came will promptly send the User an e-mail confirming receipt of the request for withdrawal.

6.3 In the event of a legitimate and proper exercise of the right of withdrawal, the User will be reimbursed any sums already paid to Came, within 14 days of receiving the notice of withdrawal, using - unless otherwise indicated by the User - the same means of payment used by the latter.
If, at the time of the declaration, the provision of the Service has already begun at the express request of the User, Came will be entitled to retain reasonable fees for the use of the Service, in proportion to the period of use thereof.

7. DURATION OF THE SERVICE

7.1 The subscription to the Service is indefinite. The User may withdraw from the Contract at any time without penalty or reimbursement, on the condition that the withdrawal will be effective from the last day of the month in which the notice of withdrawal is received by Came. The User may exercise the right of withdrawal by completing this sample withdrawal form, or by sending an explicit declaration of his/her decision to withdraw.

7.2 Came may in turn withdraw from the Contract at any time without reimbursement or compensation being due, on the condition that the withdrawal will be effective from the last day of the month in which the User receives notice of withdrawal from Came.

8. TERMINATION OF THE CONTRACT

Came reserves the right to suspend the Service and/or terminate the Contract with immediate effect in the case of non-payment of the amount referred to in article 5 or in the case of the violation of the terms of articles 2.3 and/or 2.6. In this case, termination shall occur automatically upon receipt by the User of the notification sent by Came, with no obligation for prior notice, without prejudice to the right of Came to claim compensation for any damage suffered.

9. PROVISION OF THE SERVICE. LIMITATION OF LIABILITY

9.1 Came undertakes to ensure the ongoing provision of the Service.

9.2 Came will do everything in its power to schedule maintenance of the systems so as to ensure the ongoing nature of the provision. In the event of extraordinary and/or unscheduled maintenance, Came shall take all reasonable measures to reduce the inconvenience to the User.

9.3 In the event that any Service deficiencies are due to causes not attributable to Came, including, but not limited to, unforeseeable circumstances, force majeure, technical problems related to third-party internet, software or hardware, interference and/or specific weather conditions, Came will not be in any way liable for the failed or faulty provision of the Service, nor will it be liable for any loss, damage or injury arising from these to the User.

10. USER DATA AND PRIVACY PROTECTION

10.1 The subscription to the Service through the Website and the use of the App assume that the User grants the data necessary for the provision of the Service itself. To this end, the User undertakes to communicate correct, current and truthful data required in order to enter into the Contract.

10.2 The User’s personal data will be processed by Came as detailed in its privacy policy.

10.3 The User acknowledges that, with the prior express consent of the User himself/herself, Came may inform its network of installers of the data strictly necessary for the provision of remote assistance services. In particular, with the express consent of the User, the installer that performed the installation of the automation, home automation, security, temperature control and/or video surveillance system manufactured by Came may be associated with the system itself. In this way, the installer can perform remote diagnostics, also verifying the number of operations performed, the status of the photocells and the Hardware parameters, and proceed with remote assistance to help the User.

11. COMMUNICATION

Any communication from the User that is connected and/or related to the Contract - including any complaints, reports, requests concerning the purchase and/or provision of the Service, exercising the right of withdrawal etc. - must be sent to the e-mail address support.cameconnect@came.com or, by registered mail with acknowledgement of receipt, to the following address:

Came S.p.A.
Via Martiri della Libertà 15
31030 Dosson di Casier
Treviso - Italy.

Any communication to the User will be sent by registered mail with acknowledgment of receipt or by e-mail to the addresses indicated on the Form.

12. APPLICABLE LAW

12.1 The Contract is governed by Italian law and, in particular, by the Italian Legislative Decree dated 9 April 2003, no. 70 on certain aspects of electronic commerce and, for residents of Italy, by the Italian Legislative Decree dated 6 September 2005, no. 206, “Consumer Code”, with specific reference to provisions relating to distance contracts.

12.2 In any case, any rights that may be attributed to the User by mandatory legal provisions, in force in the country of residence or domicile of the latter shall remain unaffected.

13. DISPUTES

For any dispute arising under the Contract or related to it, jurisdiction will be exclusively as follows:

a) the Court of the place of residence or domicile of the User, if located in Italy;
b) the Court of Treviso (Italy), if the residence and domicile of the User are located outside Italy.

14. MISCELLANEOUS

The Contract constitutes the entire agreement between the Parties with regard to the subject defined herein and supersedes any previous contracts, agreements and negotiations with the same subject.
Came reserves the right to make changes to the General Conditions at any time, publicising them to Users on this page. In the event of a failure to accept the changes made to the General Conditions, the User may withdraw from the Contract under the terms of article 7.1.


Version: 1.0.0

Release date: 29/08/2020

CAME