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OWNERS OF THE MOBILE APPLICATION:We hereby inform you, as the user of the mobile
application, that the mobile application ‘Click To Pray eRosary’ (hereinafter referred to as
the ‘APP’): https://play.google.com/store/apps/details?id=com.clicktoprayerosary
https://apps.apple.com/app/id1477960251) belongs to:
THE POPE’S WORLDWIDE PRAYER NETWORK, EYM (EUCHARISTIC YOUTH MOVEMENT) (hereinafter, ‘PWPN’), with registration number 49 of Vatican juridical persons and based at Via della Conciliazione 5, II piano, 00120 Città del Vaticano.
Telephone: +39 (06) 69-868-383
Fax: +39 (06) 69-868-380
Email: erosary@popesprayer.vaGADGE TEK INC. (hereinafter, ‘GTI’), with registration number 50876224 and resident at 7F-5, No. 369 Dunhua North Road, Songshan District, City of Taipei 105, Taiwan.
The APP and all of its contents, including texts, images, sounds, databases, the binary or source code and any other material, belong to PWPN and GTI, or any third parties who have authorised PWPN or GTI to use them.
Telephone: +886 2 2696 0296
Fax: +886 2 2696 0206
Email: erosary.service@acer.com - PURPOSE:The APP has been created as a personal prayer platform which provides a space
in which the person accessing it (hereinafter the ‘USER’) can pray the rosary using
the electronic eRosary device (hereinafter the ‘DEVICE’) and keep track of said
prayers via the APP. To use the APP and access all of the functions and services offered,
the USER must create a user profile (hereinafter the ‘USER PROFILE’) and must
synchronise the DEVICE with the APP so that all of the information on the prayers offered
can be transferred.
More specifically, the APP enables the USER to pray the rosary for world peace, follow the Gospel, access the Pope’s prayer intentions and obtain information on the calories consumed by the USER on a daily basis, all of this electronically via the APP synchronised with the DEVICE.
The purpose of this Legal Notice and these Terms and Conditions of Use is to inform the USER of the APP of the conditions that regulate access to and general use of the APP and USER PROFILE, meaning that access and use thereof involves acceptance and fulfilment of these Terms and Conditions of Use. - CONTENTS AND UPDATES: The information contained in the APP is up-to-date as of the
date of its latest update indicated above and is to be considered introductory information
for the USER regarding products and services and other information contained in the APP.
The Terms and Conditions of Use in this notice may be complemented by PWPN and GTI with specific conditions that regulate the use of certain products or services that may be offered in the APP. These specific conditions shall replace, complete or modify this Legal Notice and Terms and Conditions of Use, where applicable. In the event of any contradiction, the specific conditions regarding this Legal Notice and Terms and Conditions of Use shall prevail. - ACCESS AND USE: The download, installation and access to or use of the APP and USER
PROFILE are free of charge and are the sole responsibility of the USER, who must have
sufficient legal capacity and representation to use the APP. PWPN and GTI shall not be held
liable for any misuse of contents.
Access to and use of the APP and creation of a USER PROFILE are PROHIBITED to individuals under eighteen (18) years of age. PWPN and GTI may contact the USER to check that they meet the age requirements set out in this Legal Notice and Terms and Conditions of Use. The USER undertakes not to use the information, products or services that PWPN and GTI place at their disposal to carry out any activities that go against the law, morality or public order and undertakes to comply with these terms and conditions. Likewise, the services offered to the USER in the APP are for their own personal use and may not be used by the USER for economic or commercial purposes.
PWPN and GTI will not allow legal entities or natural persons to create a USER PROFILE who, acting in representation of legal entities or exercising their professional activity, aim to use their USER PROFILE for commercial, advertising or promotional purposes or to carry out any activity with financial aims.
The USER is solely responsible for the veracity and accuracy of the data that they send to the APP and guarantees and is liable for, in any case, the accuracy, up-to-dateness and authenticity of the personal data provided in order to create their USER PROFILE in the APP, as well as access to the services. PWPN or GTI may block, cancel or remove any USER PROFILE should they detect any false or incorrect data. Likewise, the USER must keep the data that they provide in the APP up to date.
Access to and use of the APP and USER PROFILE imply commitment and obligation upon the part of the USER to make proper use of the APP and their USER PROFILE in line with the principles of good faith, morality and public order. The USER undertakes not to use the APP or their USER PROFILE for fraudulent purposes, nor to behave in any way that may damage the image, interests and rights of PWPN, GTI or third parties, undertaking to use the APP and the services and contents therein diligently, correctly and lawfully. Likewise, the USER undertakes not to carry out any actions which aim to damage, render unusable or overload the APP or to impede in any way its normal use and function. - SYNCHRONISING THE DEVICE WITH THE APP: So that the USER may benefit fully from the functions of the APP and access all services with their USER PROFILE, the USER must synchronise the DEVICE with the APP, as the DEVICE data are transmitted to the APP enabling the USER to enjoy an all-round experience of the services and functions of the APP. Otherwise, the USER may use the APP, although they may not access or use the functions and services that expressly require synchronisation of the DEVICE.
- RESPONSIBILITY FOR USE OF THE APP:The USER assumes responsibility for their use of
the APP and USER PROFILE. Said responsibility extends to the registration that is necessary
to be able to access certain services or contents. The USER undertakes to use their USER
PROFILE properly, as well as any contents and services that PWPN offers through the APP, in
an expository manner but not restrictive; not to use them to (i) carry out illicit or
illegal activities or actions that go against good faith and public order; (ii) to share
contents or propaganda of a defamatory, racist, sexist, xenophobic, violent, pornographic or
clearly illicit or illegal nature, or which sympathise with terrorism or abuse human rights;
(iii) to cause damage to the hardware and software systems of PWPN and GTI, their providers
or third parties, to introduce or spread computer viruses on the network or any other
hardware or software system likely to cause the above-mentioned damage; (iv) to try to
access and, where applicable, use the email accounts of other users.
PWPN and GTI are the owners of the APP placed at the USER’s disposal. PWPN and GTI shall not be held liable for damages of any kind that the USER may incur due to faults or interruptions in the telecommunications networks that may lead to the suspension, cancellation or interruption of the service of the APP during or prior to use. PWPN and GTI shall not be held liable for damages of any kind caused by improper use of the APP and USER PROFILE by the USER. - MODIFICATION AND UPDATES:PWPN and GTI reserve the right to modify and update, without
prior notice, the contents, products and services, configuration and appearance of the APP,
as well as to delete them and restrict or prevent access temporarily or permanently.
As a result, under no circumstances shall PWPN or GTI be held liable for the consequences of any interruptions as they cannot guarantee the reliability, availability or continuity of the APP. - EXCLUSIONS FROM LIABILITY:PWPN and GTI shall not be held liable for any information
that is not contained in the APP and, therefore, not drawn up by PWPN or GTI or published on
their behalf.
Likewise, PWPN and GTI shall not be held liable for any security errors that may arise through the use of terminals or mobile telephones infected with computer viruses or the consequences that may result from malfunctioning of the browser or device software, or the use of outdated versions of the latter. Therefore, PWPN and GTI shall not be held liable in any circumstances for damages of any kind that the USER may incur, despite PWPN and GTI having adopted the necessary measures to prevent them. - INDUSTRIAL AND INTELLECTUAL PROPERTY: All of the contents of the APP are intellectual
and industrial property belonging to PWPN and/or GTI or, where applicable, third parties,
unless specified otherwise. Merely for information purposes, the contents include texts,
photographs, graphics, images, icons, technology, software, links and other audiovisual or
audio contents, as well as their graphic design and source and binary
codes.
Likewise, brands, commercial names or distinguishing signs are the exclusive property of PWPN and/or GTI or, where applicable, third parties, unless specified otherwise. The USER must at all times respect all intellectual and industrial property rights to the APP belonging to PWPN, GTI or third parties. - LICENCE FOR USE:PWPN and GTI grant the USER a limited, nonexclusive, revocable licence, which may not be sublicensed, to use the APP and USER PROFILE for strictly personal purposes via a mobile device (mobile telephone, tablet, etc.). With the exception of the licence mentioned above, it is not permitted in any way to reproduce, distribute, publish, modify and, in general, exploit or use for commercial purposes all or part of the contents (images, texts, designs, indexes, configurations, etc.) that make up the APP and USER PROFILE, as well as the databases and software necessary to be able to see or use them unless previously, expressly authorised by PWPN and GTI. PWPN and GTI will cancel any USER PROFILE that violates or infringes these prohibitions, notwithstanding other legal action that may correspond to the offence committed.
- PROHIBITIONS OF USE:Reproduction, copying, use, distribution, marketing, publishing
or any other activity that may be carried out with the information contained in the APP and
that is carried out without PWPN and GTI’s authorisation is strictly prohibited, is an
offence and is punishable under applicable law.
Likewise, access to or use of the APP and USER PROFILE for illegal or unauthorised purposes, whether for economic aims or not, is forbidden. Specifically, the following are prohibited:• The transfer of rights, sublicensing, distribution or granting of rights of any kind to third parties to the licence granted to the USER.
In accordance with the prohibitions mentioned above, PWPN and GTI may suspend, cancel or remove the USER PROFILE without previously notifying the USER in question and without said USER being entitled to compensation of any kind. Likewise, PWPN and GTI may notify the competent judicial and police authorities of any infringement of the applicable legislation or, where applicable, the possible perpetration of an offence.
• Carrying out or permitting any modification, translation or decompiling, or any kind of reverse engineering.
• Circulating, publishing, distributing or sharing any contents that may be considered in any way a violation of the fundamental rights of honour, image and personal and family privacy of third parties and, particularly minors.
• Hosting, storing, circulating, publishing, distributing or sharing any contents that breach confidentiality and infringe industrial and intellectual property rights or the rules regulating personal data protection.
• Using the APP or any of the services of the APP or USER PROFILE illegally or in any other way which may damage, overload or be detrimental to the Service or APP.
• Introducing computer viruses or corrupted files, or hosting, storing, distributing or sharing any other material or computer programme that may cause damage or modifications to the APP contents, programmes or systems.
• Creating profiles in the name of or on behalf of legal entities (companies, administrative entities, organisations, associations, political parties, syndicates, NGOs, etc.).
• Creating a false identity, providing or using false data in your USER PROFILE, making false declarations, providing false information on the USER.
• Registering a USER PROFILE in the name of another person, or any other use of identities of others and, in particular, identity theft.
• Preventing the normal development of any activity available through the APP or any of its functions, whether by altering or trying to alter your registration or participation illegally, faking the results thereof or using fraudulent participation methods via any procedure, through software or hardware, or which may in any way infringe upon or breach this Legal Notice and Terms and Conditions of Use.
Likewise, if any user detects or has knowledge of incorrect or inappropriate use or use which violates any of the rules set out in the Legal Notice and Terms and Conditions of Use and especially any of the prohibitions mentioned above, they may contact PWPN or GTI by the means set out in this Legal Notice. PWPN and GTI will analyse the claim and, where applicable, they may suspend, cancel or remove the USER PROFILE without previously notifying the USER in question and without them being entitled to compensation of any kind. Likewise, they may notify the competent judicial and police authorities of any legal breach and, where applicable, the possible perpetration of an offence. - CONTENTS OF THE USER PROFILE: The contents included by the USER in their USER PROFILE
(photos, files, texts, videos, sounds, drawings, logos or any other material) belong to the
USER, who reserves all of the rights thereto, although they grant PWPN and GTI a restricted
licence to add information to them and convert them with the aim of adapting them to the
technical requirements of the APP and the products and services offered. This authorisation
is worldwide and is not exclusive (meaning that the USER may grant another licence to their
contents to any person or entity, as well as to PWPN and GTI) for the entire period during
which the USER PROFILE is valid and with the sole and exclusive purpose that PWPN and GTI
may provide the service under the terms and conditions explained in this Legal Notice and
Terms and Conditions of Use.
Said licence shall be revoked as soon as the USER deletes their contents from the APP or cancels their USER PROFILE. From that moment onwards, PWPN shall stop communication of the contents as soon as possible.
Regarding the contents that the USER includes in their USER PROFILE in the APP, the USER warrants that:• the USER is the owner or holder of the rights enabling them to grant PWPN the licence to access and convert said contents and that, where applicable, they have obtained the necessary consent from third parties to do this;
Where applicable, the USER shall respond to PWPN and GTI for the veracity of what they have declared, holding PWPN and GTI harmless from any claim presented by a third party relating to the above declarations and relating to any legitimate right to the contents published by the USER in the APP.
• they are not infringing any applicable laws such as those relating to the right to privacy, image and/or honour, intellectual or industrial property rights or similar, or any third party rights, whether said third party is an individual or entity. - GEOLOCATION:The APP is equipped with a geolocation function in order to offer services for measuring the USER’s calorie consumption when accessing their USER PROFILE. Said measurement is carried out by detecting the USER’s geographical location and calculating the distances covered in order to estimate their daily calorie consumption. In order to provide the calorie measurement service in the APP correctly, the USER will have to synchronise the APP with the DEVICE and accept and activate the geolocation function on their device or mobile phone. Likewise, the APP will access the geolocation function once express consent is obtained from the USER.
- ACCESS TO PHOTOS AND CALL LOG:So that the USER may include a photo in the USER PROFILE, the APP may request access to the photos on their device or mobile phone. These may only be accessed subject to prior consent from the USER. Likewise, so that the USER may share prayers with other people, the APP may request access to the call log on the USER’s device or mobile phone. These may only be accessed subject to prior consent from the USER.
- NOTIFICATION OF INFRINGEMENT OF RIGHTS:If any person or entity detects that their
contents have been published on the APP without their consent, giving rise to a breach of
intellectual or industrial property rights or of the right to honour, privacy or image, or
any other right, they may notify PWPN or GTI:
1) By post via a letter addressed to:
In both cases, the request must be accompanied by the following information:
-THE POPE’S WORLDWIDE PRAYER NETWORK, EYM (EUCHARISTIC YOUTH MOVEMENT), based at Via della Conciliazione 5, II piano, 00120 Città del Vaticano; or
-GADGE TEK INC., resident at 7F-5, No. 369 Dunhua North Road, Songshan District, City of Taipei 105, Taiwan (hereinafter, ‘GTI’).
2) By email via a message sent to the following email address: THE POPE’S WORLDWIDE PRAYER NETWORK, EYM (EUCHARISTIC YOUTH MOVEMENT): erosary@popesprayer.va, or GADGE TEK INC.: erosary.service@acer.com with ‘Breach of Rights’ in the subject line.• Identification of the contents or personal data or protected right that has been breached.
• Sufficient information on said contents so that PWPN or GTI can locate them in the APP.
• Sufficient information so that PWPN and GTI can contact the person making the claim (email address and telephone number).
• A copy of ID, passport or similar official document enabling the person making the claim to be identified.
• A signed declaration in which the person making the claim declares that the above information is true and that they are the legitimate owner (or that they are authorised to act on their behalf) of the rights that have allegedly been breached. - OTHER WAYS OF ACCESSING THE SERVICE, RECOVERING PASSWORDS AND OTHER
NOTIFICATIONS:PWPN and GTI may place at the USER’s disposal a notification service
via the email address provided by the USER or via mobile phone notifications which
facilitates the correct use of the APP by the USER and correct management of their USER
PROFILE. The USER will have full control at all times over whether or not they receive this
type of notifications, which they can modify from the ‘Profile’ – ‘Notifications’ screen
within the APP. This notification service will not affect the communication that the APP or
PWPN and GTI may establish with the USER to:
• Recover their password, should they forget it.
• Send them notifications, which they can manage in their preferences.
• Send them confirmation of access to products and services.
• Change their email address.
The USER acknowledges and accepts that this type of communication and any other similar kind of communication is necessary and, therefore, forms a part of the services offered via the APP. - USE OF LINKS:The use of any technical, software or technological resources by which anyone, USER or not of the APP, may benefit, directly or indirectly, with or without profit from the contents of the APP is prohibited.
- ACCESS TO THE APP:The USER can download and use the APP and create their USER PROFILE
free of charge. PWPN and GTI will not charge for access to the APP or USER PROFILE from a
mobile terminal.
However, the USER’s mobile phone company will apply the rate that the USER has signed up for in order to send and receive data. As a result, during use, the USER acknowledges and accepts that their mobile phone company may charge them for data connection, text messages or other access via their mobile network.
Given the above, PWPN and GTI recommend that the USER checks with their phone company, what charges and rates apply when they use the APP via their mobile terminal, as well as if they are subject to any kind of restriction. The USER shall be solely responsible for any costs incurred from the download, installation and access to the APP via their phone or mobile device.
PWPN and GTI shall not be held liable for any restrictions that the mobile phone company may impose and that may prevent the APP from working normally. Likewise, the USER is responsible for finding out if their mobile phone company, services hired and mobile terminal are suitable for accessing the APP. PWPN and GTI shall not be held liable in the event of failure of their phone company’s telecommunications network, or loss or breakage of the USER’s mobile terminal. - INTERNATIONAL CONDITIONS OF USE:The different products, services or applications
regulated under this Legal Notice and Terms and Conditions of Use are managed by PWPN, an
entity that operates from the Vatican City, and by GTI, a trading company based in Taipei,
Taiwan.
Use of the products, services or applications of the APP by the USER in a specific country shall be under the responsibility of the latter. The USER alone is responsible for complying with the laws of the countries in which they access the APP and its contents. - MODIFICATIONS:PWPN and GTI may at any time replace or modify the Legal Notice and
Terms and Conditions of Use for technical reasons or due to changes in the services provided
or in legislation, including any modifications that may derive from the applicable legal
codes or, where applicable, due to strategic corporate decisions.
Any substitutions for or modifications to the Legal Notice and Terms and Conditions of Use will be published in the APP and PWPN or GTI will clearly notify the USER so that they can accept the new terms and conditions. If the USER were to disagree with the changes made, they can cancel the service by following the procedure that is in place to do so.
PWPN and GTI recommend that the USER check the Legal Notice and Terms and Conditions of Use from time to time, as they may undergo changes. You can see the current version at any time in the Legal Notice and Terms and Conditions of Use section by opening the APP and going to ‘Profile’ – ‘Terms and Conditions’. - APPLICABLE LEGISLATION AND COMPETENT JURISDICTION:In those cases in which current law does not determine the applicable legislation and competent jurisdiction, in the event of any dispute between PWPN, GTI and the USER related to the APP or this Legal Notice, the Terms and Conditions of Use and Privacy Policy, the parties hereto shall submit to the laws of the Republic of Italy and the Courts and Tribunals of the city of Rome (Italy).