Kapturall Solutions, SL (hereinafter referred to as the Owner) with NIF B95733358 (Spanish tax code), with its registered office at C/ Marqués de Zuya, 32, 48993, Getxo, Vizcaya, Spain, registered in the Trade Register of Biscay in volume 5393, Folio 188, entry 1 with sheet number BI-62824, owns the website accessible at the URL address: https://www.cloudchampion.nl/ (hereinafter referred to as Cloud Champion or the website, without distinction).
For questions, doubts or suggestions regarding Cloud Champion, please contact us via the following e-mail address: firstname.lastname@example.org , or by calling the following telephone number: (+34) 919 034 056
The Use License signed below regulates access to and use of Cloud Champion.
This license of use is signed on the one hand by Kapturall Solutions, SL with NIF B95733358 (Spanish fiscal number), located at C/ Marqués de Zuya, 32, 48993, Getxo, Vizcaya, Spain (hereinafter referred to as: the Owner or Kapturall, without distinction) , owner of the website https://www.cloudchampion.nl/ and of all intellectual property rights in the software offered thereon (hereinafter referred to as “Cloud Champion” or the website), subject to this user license .
On the other hand, the Licensee, ie any natural or legal person who, in the performance of a function, profession or commercial activity, takes steps aimed at signing this Cloud Champion Use License. Under no circumstances will the “Licensee” be considered a consumer or user as defined in Article 3 of the LGDCU (Ley General de Consumidores y Usuarios – Spanish Consumer Code).
2. Purpose of the license
The purpose of this Use License is to regulate the non-exclusive transfer of rights for which Licensee has approved Kapturall’s use of Cloud Champion’s computer program or software, as well as the terms of its use.
Cloud Champion enables Licensee to visit a platform for training, management and support, for the development of his or her Cloud business and as a partner of Microsoft. Access to and use of the website is free.
Said management platform allows Licensee to enter information into Cloud Champion about third parties, legal or natural, customers or potential customers of Licensee related to the sale of Microsoft services or products.
In order to enable the performance of this contract and to ensure the proper presentation of the service by the Owner, it must enable information provided by the Licensee to Microsoft, ie wholesalers or distributors who have cooperated with Kapturall in due course (currently: Copaco Nederland BV, Ingram Micro BV, Also Netherlands BV, TD SYNNEX Netherlands BV, and Resello BV), with the exception of the personal data that may contain said information.
It is understood that following all the steps provided for signing the License, as well as the application, implies that Licensee fully and unconditionally agrees to any term that Kapturall publishes, both in this License and on the website, as Special Conditions.
3. Obligations of the Licensee
Visiting and using the website by the Licensee details several obligations:
- Using the website and the services offered on it, with regard to this User License, the applicable law (in particular with regard to intellectual and industrial property and data protection) and with regard to morality, generally accepted morality and public order.
- Using Cloud Champion in a careful, proper and lawful manner.
- Checking this Use License, as well as any other applicable versions, they should be modified.
- Checking communications we send to the addresses you have provided to us as they may contain important information.
- Respecting the Owner and in no way violating its rights or interests, or rights or interests of third parties, such as intellectual or industrial property rights (patents, trademarks, trade secrets, copyright…).
- Failure to use the website to collect information and materials for the conduct of activities or the provision of services which the Owner believes constitutes clear competition.
- Failure to introduce, through any medium, computer viruses, worms, Trojan horses, or otherwise malicious code designed to interrupt, destroy, or limit Cloud Champion’s features.
- Do not use reverse engineering, decompile or decrypt, or use any other system to discover the source code of the website, or any element that is subject to underlying intellectual property rights.
- Failure to modify, or attempt to modify, Cloud Champion in any way.
- Not to damage, render unusable, overload or complicate the service or the network connected to it, or hinder the use and enjoyment of the service by any user.
- Under no circumstances undertake any activity or use any means that imitate the appearance or function of Cloud Champion, for any purpose.
- Accept that the use of the Services remains your sole responsibility and that the services are directed to professionals who, under their sole responsibility, use the Software covered by this contract.
4. Special Conditions for Registration and User License
4.1 Identification of the parties
These Special Conditions for Registration are signed by the Owner on the one hand and by a legally established company or entrepreneur who completes the registration process, with the approval of these Conditions (Licensee), on the other hand.
If the latter is a company, the natural person who registers (hereinafter referred to as: the Representative) will do so on behalf of the Licensee and declares that he has sufficient approval from the company to carry out this registration. Obtaining such approval is the responsibility of the Representative. In any event, the company shall, for all possible purposes, be regarded as Licensee.
This User License is deemed to have been accepted by Licensee by clicking on the appropriate Registration box during the registration process on the Website. The Agent’s act associates the company as Licensee.
4.3 Registration process
When completing the relevant form, both the Representative and the Licensee undertake to:
- Failure to register with intentionally false or inaccurate data, or impersonating third parties.
- Having approval to perform the registration.
- Not trading, selling or transferring the account to third parties.
- Using only the account registered in his or her name.
- Not using third-party accounts unless expressly authorized to do so.
- Responsibility for any activity performed from the account, which account must be kept current at all times.
- Pursuing a sufficient degree of confidentiality of data and access keys provided, assuming damage and injury that may be caused by a breach of such confidentiality.
- Responsibility for damages that third parties may suffer due to non-compliance with these Terms, or any other condition that appears to be applicable.
At any time, the Representative may change his or her account information through the configuration options of his or her account on the website, available under “My Account” / “My Profile”, following the instructions provided by the website (“Change the desired information and then press the Update button)”:
The validity of the License is in any case determined by the time during which the Cloud Champion service is available. This means that the License is valid until Kapturall ceases to provide Cloud Champion services, or at its sole discretion, as it is a free service. Nevertheless, several advance warnings will be sent before the service is cancelled, so that the Licensee can download his or her information.
The Licensee can also and when he or she wishes cancel his or re subscription to the service, whereby the validity of the License depends on the will to remain of the Licensee.
6. Information provided
The Owner provides through Cloud Champion a tool that allows the Licensee to enter information about his or her own company and about third parties, for the purpose of guaranteeing the software management services. Owner reserves the right to facilitate such information, with the exception of personal data contained herein, to Microsoft, wholesalers and/or distributors working with Owner (currently: Copaco Nederland BV, Ingram Micro BV, Also Netherlands BV, TD SYNNEX Netherlands BV, and Resello BV,).
Notwithstanding the foregoing, Kapturall may retain such data from which responsibilities can be inferred with regard to the relationship with Licensee.
7. Website Availability
Owner seeks to improve and expand Cloud Champion as well as the content and services we provide within it. Nevertheless, the website is as presented at any time, subject to availability, limitations and other associated circumstances.
8. Links and Third Party Sites
Cloud Champions may contain links to pages and sites owned by third parties. In no event shall the Owner be responsible for the operation or content of these links at any time, or for any damages or consequential damages which may be inferred from visiting such pages or sites.
The Licensee or Representative who accesses any link on the Website does so under its own responsibility and will, and acknowledges and accepts that links may be owned by third parties who have no relationship with Cloud Champion and the Owner, making it impossible to guarantee that there can be no computer threats, malware or viruses or that they can contain illegal content or other links that in turn can lead to sites with any of the characteristics mentioned.
The Owner does not control or endorse any feature, content, publicity or any other content on these third party sites.
The website is made available to users of the Internet for their use and convenience and the services and functions of the same are for your own benefit and loss and subject to availability at any time. To the fullest extent permitted by law, neither the Owner nor its supplier shall be responsible for any loss of income and/or damages resulting from any issue or problem with this.
The Owner works and endeavors to protect the system and content from intrusion or loss and endeavors to apply the most widely used security standards on the Internet for such purposes, although there are also situations beyond its control. Therefore, no guarantee can be given for the absence of viruses or harmful elements in Cloud Champion, which with any probability cause changes or malfunctions in the computer system (both software and hardware) of the Licensee or in the files stored on it.
Owner undertakes no obligation, nor assumes any responsibility to any person or entity with regard to any damages which may be caused by the use or failure to use the Software, whether direct or indirect, including interruption of work, loss of data, economic loss or loss of income as a result of using the Software. Nor shall Kapturall be responsible for warranty or representation of any kind performed by third parties without prior written approval.
Owner is not responsible for Licensees’ failure to comply with any obligation or understanding under this License or any other law or standard resulting from its application.
The Owner expressly reserves the right, at any time, to modify or remove the website and/or any content contained herein, either its own or third parties, including this License to Use, which Licensee recommends to periodically review, as well as any other which appears to be applicable, in case it has been changed.
The Owner does not take any responsibility for content provided by its suppliers, regarding the publication of offers.
10. Intellectual and Industrial Property Rights
All intellectual and industrial property rights of Cloud Champion belong to the Owner, as well as all content contained therein (including graphic design and code). Nevertheless, content from third parties may exist, in which case the Owner has obtained approval and/or necessary licenses for the exploitation, as well as the approval and/or licenses to use third party brands and logos.
The contents of this website, including the designs, texts, images and source codes, are protected by intellectual and industrial property rights. These may not be reproduced, distributed, publicly communicated or transformed in any form, nor with reference to the source, without the prior written and express permission of the legal owner of the exclusive rights over them.
Failure to comply with the provisions of these Terms may cause damage and injury to the Owner. In such event, Licensee who fails to comply with any instructions contained herein will undertake to compensate Owner for any damage, injury, loss or expense (such as attorneys’ or investigators’ fees) incurred as a result.
If any objections or proceedings are initiated against the Owner for non-compliance, Licensee will indemnify the Owner and the Owner may recover any expenses, costs, damage or injury from Licensee as a result.
12. Other matters
12.1. Assurance and interpretation
These General Terms and Conditions of Use constitute an agreement between the Licensee and the Owner.
If the Entrusted Authority declares any provision illegal, invalid or unenforceable, it shall be presumed to be interpreted in the manner most consistent with the original intent of said provision. In any case, such a statement will not affect the validity of the remaining provisions.
The Owner’s failure to require strict compliance with any provision of these Terms shall not constitute a waiver, nor shall it be constructed in any way as a waiver of such rights, or the right to claim them in the future.
The language used in these Terms is Spanish. If versions in other languages are provided, it is only to facilitate understanding for the reader. In case of dispute, the Spanish language version takes precedence. Read more here .
12.3. Jurisdiction and legal validity
The relationship between the Owner and the Licensee is governed by Spanish law and the differences or conflicts surrounding this Use License are determined in the Courts and Tribunals of Madrid, Spain.