Updated: 31 May 2019 11:13
Affidaty S.p.A. recognises the importance of transparency in contracts. For this reason, Affidaty S.p.A. is committed to generating any document governing the interested parties’ digital relationship in an ethical manner, and in accordance with the law applicable in any country where Affidaty S.p.A. has operations.
The various “Terms and Conditions” set forth the general rules to which the user agrees to abide.
Synkrony Alias Terms and Conditions
By ticking the box, the user agrees to accept these terms and conditions, and to establish a digital relationship with Affidaty S.p.A.. Moreover, the user agrees to establish a Synkrony Alias to allow users to participate in Affidaty S.p.A. blockchain modules, or those of any third party made available on the app stores or through online manager pages.
Therefore, Affidaty S.p.A.’s Legal Staff expressly invites the user to read the terms and conditions (the “T&C”) in their entirety before signing up for a Synkrony Alias.
1. Information on Affidaty S.p.A.
The Synkrony Alias (as defined infra) is managed by Affidaty S.p.A., a company formed under Italian law, with registered office at Viale Giovanni Milton 53, Florence, Italy.
In these T&C (as defined infra), “You” and “User” shall refer to any individual accessing the Synkrony Alias and/or utilising the same.
2. Scope of these Terms and Conditions
The Terms of Service set forth Affidaty S.p.A.’s expectations of the Synkrony Alias users, as well as which activities are permitted and restricted under the Synkrony Alias, what to do if you run into a problem, and other important information.
3. User’s Acceptance of Terms and Conditions
Read over these T&C carefully.
By creating and using the Synkrony Alias, you enter into a binding agreement with Affidaty S.p.A.. The user agrees to accept the T&C of the same. Should you fail to accept the following T&C, you may not create a Synkrony Alias. Should you have any problem understanding any part of these T&C or any other criteria or information posted or made available through the Synkrony Alias, please contact Affidaty S.p.A. using the contact information appearing infra.
To create and use a Synkrony Alias, you must be at least 16 years old.
The User must abide by all statutes and regulations applicable in the jurisdiction where they reside, or if different, the location from which they access and utilise the Synkrony Alias. The User shall be the sole party liable for complying with the same.
5. Synkrony Alias Access
The Synkrony Alias is a unique and unambiguous user account (the “Synkrony Alias”) which may be used to access all Modules, hereinafter denoted the “Services” sold by Affidaty S.p.A., including the T.R.I.N.C.I. Blockchain writing, on the distributed and decentralised network called Indipendentchain. Services may vary by country/region. When you access other Affidaty services, you must accept the terms and conditions specifically applicable to such services. When you use the Synkrony Alias to access any Affidaty service, you are automatically logged into all other services made available by Affidaty S.p.A.. Likewise, when you log out of any Affidaty service, you are automatically logged out of any Affidaty service on your device. Services may vary by country/region.
The user is responsible for any set-up required to accessing Synkrony Alias; the user must provide his or her own device, compatible console or platform, internet access and (if applicable) a method of payment. Additionally, the user has the responsibility for ensuring that all persons who access Synkrony Alias using that device, compatible console or platform, as well as the internet connection, are familiar with these T&C and that they abide by them at all times.
Affidaty S.p.A. grants the user a limited, non-exclusive, non-transferable, non-assignable, revocable license to log into their Synkrony Alias and to utilise it in accordance with these T&C.
You must keep the user name and password for your Synkrony Alias strictly confidential; do not share them with anyone. Affidaty S.p.A. recommends choosing a complex password and keeping it in a secure location.
The user is responsible for protecting his or her password, and will be liable for any loss thereof, or any damages relating to providing third parties any details relating to their Synkrony Alias.
If you believe that any other person is using your Synkrony Alias or the login credentials for the same, you must report the matter immediately to Affidaty S.p.A. using the contact information appearing in the “Contact Information” section, infra. In such cases, you must also immediately change your password. No one else may use the Synkrony Alias to access Affidaty services.
The user must take appropriate steps to protect the information on their own Synkrony Alias, bank information, and information relating to their own computer, telephone, or other mobile device and SIM card to avoid the unauthorised use thereof.
7. Acceptable Use
By accessing and using the Synkrony Alias, the user undertakes (and agrees) to do so in a lawful and ethical manner, and to abide by these T&C.
Should the user violate any applicable statute or regulation, or breach the Affidaty S.p.A. service agreement, the latter reserves the right, at its discretion, to limit, freeze, or deactivate the user’s Synkrony Alias at any time, further reserving the right to restore it or delete it permanently, as circumstances require.
Should Affidaty S.p.A. discover that the user is no longer the original person who signed up for the service, the company reserves the right to terminate the related Synkrony Alias service without notice.
If a user has never logged onto a registered Synkrony Alias account, or should a user fail to log on for twelve (12) months or longer, Affidaty S.p.A. reserves the right to terminate the Synkrony Alias in order to free up Synkrony Alias resources for other users.
The user assumes the risk of any loss arising from any limitation, freeze, or deactivation by Affidaty S.p.A. of the user’s Synkrony Alias account pursuant to the instant Agreement or any applicable law including but not limited to communication interruptions, or deleted profiles, emails, and other data.
8. Use of Affidaty S.p.A. Content
Affidaty S.p.A. holds all rights, title, and interests in any information (regardless of the form, including inter alia textual, graphic, and audio-visual content), images, icons, applications, projects, software, scripts, programmes, copyrights, trademarks, brand names, logos, and other materials and services provided through the Synkrony Alias, including the appearance thereof (hereinafter denoted the Affidaty “Content”).
Altering, copying, extracting, modifying, or adding to any content, or selling, copying, distributing or licensing the same shall be strictly prohibited, along with any other improper use of the same. Should you wish to repost, extract, reproduce, disseminate, or use the Affidaty content in any other way, you must contact the company in advance to obtain written authorisation, except as otherwise contemplated herein. This provision shall be without prejudice to any right enjoyed by the user under any non-waivable provision of applicable law.
If you believe that the Synkrony Alias or any portion of the Synkrony Alias infringes upon any copyright, brand name, patent, trade secret, or other intellectual-property right, or should you have any concern with respect to any service, Affidaty S.p.A. recommends you submit a report by filling out the following form Click Here.
9. Service Monitoring
The user stipulates that Affidaty S.p.A. is under no obligation to monitor Synkrony Alias access or use by the user, or by any other party for the purpose of discovering breaches of the instant T&C. However, Affidaty S.p.A. reserves the right to conduct such monitoring for the purpose of supplying and improving the Synkrony Alias (as well as for purposes of, inter alia, fraud prevention, risk assessment, investigations, and customer support), to ensure user compliance with these T&C and with any applicable law, court order or request, consent decree, governing body, or other administrative entity.
Affidaty S.p.A. may communicate with the user regarding the Synkrony Alias electronically using the contact information supplied during the creation of, or any update to, the Synkrony Alias. The user agrees to receive such paperless notices from Affidaty S.p.A. regarding these T&C, along with others relating to Synkrony Alias and the use thereof by the user.
11. Data Collection and Privacy
12. Assumption of Risk
The Synkrony Alias is intended for use by one person; therefore, use by any third party is prohibited. The user agrees that neither Affidaty S.p.A., nor the executives, directors, employees, associates, agents, third-party payment-service providers, partners, or distributors thereof (hereinafter denoted the “Affidaty S.p.A. Parties”) shall be held liable for any loss caused by any unauthorised use of the Synkrony Alias.
Use of the Synkrony Alias may be subject to interruptions, delays, and freezes. Neither Affidaty S.p.A. nor its parties shall be held liable should such issue arise for reasons outside Affidaty S.p.A.’s control, due to chance, or force majeure.
Insofar as permitted by the law applicable to their registered offices or domiciles, the Affidaty S.p.A. Parties shall have no duty as against the user if the user is unable to access or use the Synkrony Alias for any one of the following reasons:
- Any Synkrony Alias suspension or termination by Affidaty S.p.A. for maintenance or software / hardware updating (Affidaty S.p.A. will promptly alert the user of the same);
- Any delay or out-of-service period for any communication system or network which is owned or managed by a party other than Affidaty S.p.A.;
- Any error or interruption due to any hacker attack or similar security breach occurring despite Affidaty S.p.A.’s reasonable precautions.
The Affidaty S.p.A. Parties shall not be held liable for any losses or damages caused, whether in whole or in part, by the user’s failure to safeguard Synkrony Alias credentials, or any other information obtained through the user’s (or any other person’s) accessing and/or using the Synkrony Alias without having the proper security measures in place.
13. Limitations of Liability
To the extent permitted by the law applicable to their registered office or domicile, the Affidaty S.p.A. Parties shall not be held liable for any special, indirect, or consequential damages to the user or to any third party.
Should the user be dissatisfied with the Synkrony Alias for any reason, the user’s sole remedy shall be to terminate their access to, and their use of, the Synkrony Alias. Without in any way limiting the foregoing restrictions, and to the extent permitted by law in the relevant jurisdiction, Affidaty S.p.A.’s liability toward the user or to any other party for any claim, damages, loss, or expense shall not exceed the amount, if any, paid by the user.
To the maximum extent permitted by applicable law, the user shall indemnify and hold Affidaty S.p.A. harmless of any damages, claims, or actions arising from or relating to:
- the use of the Synkrony Alias or any other Affidaty service by the user;
- the user’s breach or failure to comply with the instant T&C;
- the user’s infringement of any third-party intellectual-property or other right;
- any similar action or breach by any person using the user’s Synkrony Alias, including (for each occurrence) liability, damages, legal expenses, or court costs arising from such claim or cause of action, including suits for negligence.
The user undertakes and agrees to cooperate promptly with any reasonable request made by any Affidaty S.p.A. Party to defend any such claim or demand.
15. Deactivation by the User
The user may deactivate his or her Synkrony Alias account through the account settings, or by deleting his or her account.
Upon deactivation, all data stored on one’s Synkrony Alias shall likewise be deleted.
Once their account is deactivated, Affidaty S.p.A. may immediately and permanently delete all data, files, and content stored on the account.
16. Termination and Suspension by Affidaty S.p.A.
In accordance with applicable law, Affidaty S.p.A. may freeze the user’s Synkrony Alias account, or impose other limitations or restrictions thereon, for purposes including maintenance or system updates. Affidaty S.p.A. undertakes to send a notice to user before taking such action. That said, should Affidaty S.p.A. not provide such notice to the user, Affidaty S.p.A. may still immediately and either permanently or temporarily impose limits, delete, suspend, or freeze the user’s access to Synkrony Alias:
- should the user breach the T&C including any agreement, criterion, or company guideline, or should Affidaty S.p.A. believe the user is about to breach or violate the same;
- Should the user, or any party operating on the user’s behalf behave in a fraudulent or illegal manner, or provide Affidaty S.p.A. any false or misleading information;
- In response to any request by the police or other government body, or following any properly instituted legal proceeding;
- For maintenance, or for any urgent software / hardware updates;
- For any unforeseeable technical, safety, company, or security issue.
Any user whose access or use of the Synkrony Alias has been suspended, terminated, or deactivated by Affidaty S.p.A. shall not create a new Synkrony Alias account absent Affidaty S.p.A.’s written consent.
Sections 12, 13, 14, 15 and 18 and any other provisions which, by its nature, is intended to continue beyond the termination of expiry thereof, shall remain in effected beyond the termination or expiry of the legal relationship between the user and Affidaty S.p.A.
17. Changes to Synkrony Alias and to the Terms and Conditions
Affidaty S.p.A. continually innovates, changes, and improves its services. Functions or features may be added or removed, new limits to the Synkrony Alias placed, or modifications to these T&C made.
Affidaty S.p.A. shall, with reasonable notice, alert the user to any modifications to the Synkrony Alias or to the instant T&C which might give rise to any material disadvantage to the user, or materially limit their access to the Synkrony Alias or other Affidaty services, or to the use thereof.
Affidaty S.p.A., on the other hand, shall not advise the user in advance of any modification to these T&C, or to the Synkrony Alias, which does not trigger any material disadvantage to the user, or materially limit their access to, or use of, the Synkrony Alias or other Affidaty services.
For any changes to the Synkrony Alias or to these T&C which Affidaty S.p.A. must make in order to comply with any security or safety standard, or with any law or regulation, the company may be unable to abide by the foregoing timeframes; in such cases, notice shall be provided to the user as soon as possible.
The updated T&C shall be available through one’s Synkrony Alias; the user must therefore check for updates on a regular basis.
Should any update include material changes that implicate rights and duties, Affidaty S.p.A. shall issue the user a notice of such changes using reasonable means, including the Synkrony Alias or email.
Should the user continue to use the Synkrony Alias after such changes take effect, such use shall be construed as acceptance of the changes. Should the user reject such changes, he or she must terminate his or her relationship with Affidaty S.p.A., and cease and desist from using the Synkrony Alias. Any corrections, variations, or changes to these T&C proposed by the user shall not be binding on Affidaty S.p.A..
18. General Provisions
The T&C and the documents cited as references hereto shall constitute the entire agreement between the user and Affidaty S.p.A. with respect to accessing the Synkrony Alias, and the user’s use of the same.
The Synkrony Alias may include a link to a third-party website or resource. The user stipulates that Affidaty S.p.A. shall not be the only party responsible for the availability of such external websites or resources, and shall not be held liable for, or bound to, any content, advertisement, product, or other material present on, or available through, such websites or resources. The user likewise stipulates that Affidaty S.p.A. shall not be held liable for, or bound to, whether directly or indirectly, any damages or losses caused by, or presumed to be caused by, the use of, or reliance on, such content, good, or service, available on or through such websites or resources.
All assumptions of risk, limitations of liability, and indemnification provisions set forth herein shall continue to apply following the expiry or termination of the T&C’s themselves.
No section of these T&C shall be construed as creating a partnership or agency relationship between the user and Affidaty S.p.A., and neither party shall have the right or the authority to incur expenses or charges, or to enter into any contract or agreement, howsoever named, in the name of, or on behalf of, the other party.
Affidaty S.p.A. shall not be held liable for any malfunction or delay in discharging its duties under these T&C, or in supplying the Synkrony Alias, when caused, whether in whole or in part, by reasons outside Affidaty S.p.A.’s reasonable control.
The user shall not assign or transfer any right or duty under these T&C absent Affidaty S.p.A.’s consent; any such purported assignment or transfer shall be void. Affidaty S.p.A. may assign, license, or delegate any of its rights and/or duties hereunder, and the user agrees to render any document necessary or convenient therefor promptly enforceable.
Should the user breach any term hereof, and should Affidaty S.p.A. fail to take action, the latter shall retain all rights and remedies in any other instance of user breach.
Should any provision (or portion thereof) of these T&C be deemed, by a court with jurisdiction over the matter, or by any other authority, to be null, void, or inapplicable, such provision shall be automatically excised from these T&C, whilst the balance of the T&C shall remain fully in effect and binding to the extent the balance remains valid following such excision.
19. Governing Law and Forum Selection
The creation, interpretation, and application of the T&C, and any dispute or claim arising from or relating to the same (including any extra-contractual disputes or claims) shall be governed by, and interpreted under, Italian law. Unless otherwise required by applicable law, the user and Affidaty S.p.A. agree that Italian courts shall have exclusive jurisdiction to hear any dispute, claim, action, or proceeding arising from these T&C, or relating to the same.
The user shall enjoy the benefit of any non-waivable provision of law applicable in his or her home country. No part of these T&C, including the immediately preceding paragraph, shall infringe upon the right of any user who is a consumer, which allows the user to rely on any non-waivable provision of local law.
The European Commission provides an online dispute-resolution platform, available on http://ec.europa.eu/consumers/odr/ .
If you wish to raise any issue with Affidaty S.p.A., you may contact the company to do so.
20. Contact Information
For questions and concerns regarding these T&C, please do not hesitate to contact Affidaty S.p.A. using the following contact information:
Registered letter (with advice of receipt): Affidaty S.p.A., Viale G. Milton 53, 50129, Florence, Italy.