Terms and conditions
Information on DURCAL and GENERAL TERMS AND CONDITIONS for access, download and use of DURCAL.
Information on DURCAL: The DURCAL application (hereafter referred to as the application and/or DURCAL) is the property of ALPIFY SOFTWARE, S.L. (hereafter referred to as the Company), with registered office at Ronda 31, 4th 1st, 08007 Barcelona, Spain registered in the Trading Companies Registry of Spain.
The Company has developed an application for a mobile device, called DURCAL, based on the geolocation system, with the aim of improving safety in open air activities by determining the geographical location of its users. It can also be used to supply information of interest related with the activity, on (i) services available in the relevant area (ii) weather conditions and (iii) other matters or services of interest.
DURCAL is a software programme, a type of application for a mobile device, and is designed to provide a tool which allows the approximate geographical position of its users to be known by means of geolocation systems and the map monitoring, alternatively using for the purpose the main infrastructures assigned to these services, such as (geolocation-GPS, GPS base stations, WiFi). For the application to work, it also needs the mobile device to be turned on, activated and with cover in the country of the relevant area.
The tool can find the geolocation of the users only and exclusively in predefined areas, where there are DURCAL service providers. That is to say, the Company the owner of the application will sign contracts with the emergency and analogous entities in the sector in order to provide this application for the emergency services by 3D map monitoring systems in the relevant area. Therefore, the tool gives the geolocation service only and exclusively in those areas for which the Company has signed a contract for the provision of services. The Company the owner of the application, through the website durcal.com and/or through other platforms authorized by the Company, enables the user to download it free, provided the user is duly informed on the application and in every case accepts the terms and conditions for access and use of the application set out in these general conditions. The user, through a messenger system inherent to the application, sends internal free messages on his geographical location to the geolocation software system. The application also has a red button for incidents and/or other situations of alert which may affect the users. By pressing the red button, called the emergency button, or calling 112, the application sends an internal message giving the approximate geographical location of the user who wishes to report the incident to the geolocation software system. The application also supplies the user with an international telephone number for emergency use.
Access, downloading and use of DURCAL
Access to, downloading and use of DURCAL will be governed by these general conditions set out by the Company, in accordance with the legislation in force in the Spain. Any person who accessed, uses, downloads the software through the website durcal.com and/or the platforms authorized by the Company is considered to be a user. Access to the application means full acceptance of these general conditions. Therefore, we ask you to read them carefully and to use the application only if you accept their content. In the case of not accepting the general conditions of this application, we ask you to refrain from using it. The DURCAL user declares that he/she is of age. Should the parents of children decide to use the application for their underage children, they the parents are responsible for judging whether the use of the application is justified in the specific circumstances. And in that case the parents must give their children the necessary information and allow them to take part in the decision to use the application. In the event that access to the mobile application is limited to certain people or where it requires additional guarantees due to the regulations of application in certain countries, we ask you to refrain from using DURCAL.
The user, under his own risk and liability, accepts a commitment to use this application and its content correctly, adequately and lawfully, fully subject to these general conditions, current legislation applicable, moral values, good customs generally accepted, public order and, in general, to use it properly and for the purpose for which it has been made available to the user.
The Company expressly reserves the right, at any time, to withdraw or refuse access and use of the application from those users who fail to meet these General Conditions, and those users who use it improperly. In such case the application will be found inactivated. By activating the geolocation service the user gives his express, unequivocal and informed consent for his location to be known to the Company and to the responsible entities which supply services to the Company in the areas.
The user can, at any time, withdraw the consent given and can uninstall or close the application. Revoking consent will mean that the user will not be located either by the Company or by the responsible entities in the areas and, in consequence, the user will not have access to the geolocation service. To be able to close or deactivate the geolocation service, the user must follow these instructions: For mobile devices with “iOS” operative system – Close the application: Double click on the “home” button, keep the logo of the application to be closed pressed and press the close button. To uninstall the application: On the desktop, keep the DURCAL logo pressed and a cross will appear, keep the cross pressed and the application will be uninstalled. For mobile devices with “android” operative system - Close the application: in the application there is a section called the profile, the close button has to be pressed. To uninstall the application: in the application manager section, select the DURCAL application and delete.
The company applies the technological security measures needed for full compliance with the regulations on personal data protection and the regulations on the privacy of individuals.
The personal data voluntarily supplied by you (hereafter referred to as the interested party) as a consequence of the formalization of access and/or download of the DURCAL application and those supplied, as appropriate, through any other document and/or means, will be the subject of processing in accordance with the regulations on data protection in force in Spain. The interested party declares that the data supplied are true, being liable for their veracity, and expressly GRANTS CONSENT, unequivocal and informed, for the personal data to be incorporated into the files owned and managed by the Company, and to be the subject of processing even in those cases where the application is eliminated from the mobile device. In the event that the interested party supplies the company with inaccurate or false data, the Company is exonerated from any liability arising thereby. The data will be processed only and exclusively for the purpose described in these general conditions.
The interested party gives express consent and allows access to his personal data only and exclusively for the responsible entities in the area which have signed a contract of provision of services with the Company in relation to the development of the DURCAL application service. That is to say, the user allows access to his personal data, in accordance with article 9 of the implementing regulation of Qualified Law 15/2003 on personal data protection, of 18 December, only and exclusively to those third parties which are providers of services to the Company. The responsible entities of the area will process the personal data in accordance with the Company’s instructions and may not use these personal data for any purpose other than that set out in these General Conditions.
The interested party gives their express consent and allows access to their personal data (Name and telephone number) so that the company, companies of the group or subcontracted by the same can call you to offer additional services, ask for quality of service or ask for improvements.
The personal data will not be communicated or assigned to third parties without the prior, unequivocal and informed consent of the interested party.
The user can also exercise the rights of access, rectification, opposition and cancellation of his data, including the data of location, by written communication to the file manager, ALPIFY SOFTWARE, S.L, with registered office at Ronda Universitat 31, 4th 1st, 08007 Barcelona, Spain or sending an email to email@example.com, annexing a copy of your identity card.
The Google analytical service is provided by Google, Inc., a Delaware corporation with its headquarters at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (”Google”). Google Analytics uses data parameters for IP address, information relating to the device (faults, system activity, hardware adjustments, navigator type, navigator language, date and time of request and URL of reference and cookies which allow the navigator to be identified).
The user can configure his navigator to block all cookies, including those associated with the services of Google Analytics. In addition to the ability to reject cookies, a supplement can be installed in the navigator to deny authorization to Google Analytics. This supplement prevents Google Analytics from collecting information on visits to his website.
Intellectual property rights
The Company is the proprietor or licensee of the application and states that the application contains intellectual and industrial property rights of its own and/or those of third parties assigned for their use and exploitation. These rights include, and are not limited to, the computer software, trade marks, patents and/or other rights affiliated and/or connected to those already mentioned. All the elements comprised in this application, their source codes, screens, web design, images, domain names, titles, information contained, trademarks, logos, graphics, icons, applications and sequences are the property of the Company, or it has legal title to their use. Consequently, they are subject to industrial and intellectual property rights in the broad sense, and have the due legal protection. The Company is the holder of the rights of reproduction and exploitation of this website. The use of this webpage is intended for the user’s personal enjoyment. Reproduction, adaptation, combination, partial or total copying, without the express prior consent of Company, is prohibited. The user of the application must at all times respect the intellectual property rights of third parties.
The Company prohibits the establishment of any type of hyperlink or link in the application or website by third parties not expressly authorized by the Company. The user may use this application only and exclusively for personal use and may reproduce and/or store only those items which are indispensable for such use. In no case does this mean any authorization or licence over the rights held by the Company.
Exemption from Liability
The Company accepts no liability to the users, in any form, for any loss or total or partial damage due to the information contained, obtained or delivered by the application, or for failure of the service, omission, interruption, absence, incorrect or defective supply of the telecommunications service or computer virus. The Company accepts no liability for misuse or bad faith in the use of the application. The Company reserves the right, at all times and without the need for prior notice, to update, alter, limit, delete, restrict, prevent access to information and/or documentation contained in the application, wholly or partially and permanently or temporarily. In no case does the Company guarantee the integrity, veracity or accuracy of the information contained in this application and it expressly declines any type of liability in relation to the information contained in the application, whether by error or omission. The user is fully responsible for adopting all the security measures necessary and appropriate to protect his archives, files, data, systems, mobile or electronic device and electronic documents. Similarly, the Company accepts no liability for the lack of veracity, accuracy or updating of the personal data delivered by the users.
The DURCAL application has been developed with the purpose of cooperating for and increasing safety, by locating the geographical position of users of the application, in the relevant area. However, the Company does not guarantee any geolocation result and, particularly, does not guarantee any geolocation result in the event of incidents, accident, emergency or any other situation of alert. Again, the Company accepts no type of liability with respect to the development or result of using the application. The Company expressly declares that it will not be liable (i) for the result of operations requested by the use of the application, (ii) for the quality, suitability, speed or result of the services requested through the application and supplied by the providers, (iii) for finding the user’s location should he be outside the area (iv) error, omission or failure of the technical systems of the application. The Company in no circumstances guarantees any result in finding the location of users of the application. Also the user is responsible, with absolute indemnity for the Company, for having the technical means, cover, infrastructures, correct working, activation and updating of the software and systems necessary for his mobile device. The Company does not guarantee the reliability of the information supplied by DURCAL and accepts no liability for the loss and damages which could be caused by poor precision in the localizations or for the accuracy of the information supplied by DURCAL.
Jurisdiction and legislation applicable
This legal notice and the general conditions will be governed by spanish legislation, with express waiver of any other forum. For any dispute which could arise from the use of or access to this application, the Company and the user expressly submit themselves to the jurisdiction of the courts of Spain, respecting the legal forum which could correspond to the user under the binding legislation in force at any time in Spain.