Please read these terms and conditions before you enter your application to participate in the Open Gateway Early Adopter Program (“EAP”).
These terms and conditions (hereinafter, the “Terms and Conditions”) constitute a legal agreement between TELEFÓNICA DIGITAL ESPAÑA, S.L.U., a Spanish company with CIF B-83188953 and registered address at Gran Vía 28, 28013 Madrid (referred to as “TELEFÓNICA” or “We”) and you (individually if you are agreeing to it in your own capacity, in which case you state and acknowledge that you are authorized to apply for the EAP on behalf of your company or another entity, between the entity for which benefit you act (in either case, “You”, “Your”) with respect to the use by You, of the Service (the “Applicant”).
By electronically accepting these Terms and Conditions, you completely and unequivocally agree to be bound by these Terms and Conditions without modification. If you do not accept them or do not intend to be legally bound to these Terms and Conditions, you should not access, or otherwise apply for the EAP.
You apply for the EAP because you are interested in participating as an early adopter in the integration, testing and validation of use cases which require to use apified network capacities of Telco Networks (Open Gateway services), which are being implemented and exposed as part of Open Gateway initiative in collaboration with main aggregators’ platforms (“Aggregator”). The objective of this program is that We can evaluate your application and select, at TELEFONICA´s entire discretion, developers for the testing and validation of use cases to generate future end-to-end services. This evaluation will be based on business, security, and technical criteria.
Provided the EAP will be runned in different countries of TELEFONICA´s footprint and with different Aggregators, TELEFÓNICA may share your information with the relevant Telefónica Operators (meaning: Telefónica de España S.A.U., Telefónica Móviles España S.A.U., Telefónica Brasil S.A. y Telefónica Germany GMBH & Co OHG) and the Aggregators to decide about your application. In case You are selected, TELEFONICA will inform You and You will need to sign the EAP T&Cs with the relevant Telefónica Operator.
For the avoidance of doubt the mere application does not guarantee that You will be selected for the EAP.
TELEFÓNICA may request further information to perform the evaluation.
Registration for participation in the EAP is voluntary and no payment is necessary to enter.
You can unsubscribe at any time from the EAP database. You only need to send an email to eap.opengateway@telefonica.com indicating "UNSUBSCRIBE" in the subject line.
Each party undertakes that it shall treat all the information and data shared by the other party as confidential and shall not disclose them to any other party, except as permitted under these Terms and Conditions.
To the fullest extent permitted by law, EAP application is distributed without warranty of any kind and the participant shall use it at his or her own risk. TELEFÓNICA makes no warranties whatsoever about the website or the information that the website may provide, including, without limitation, any warranty of quality, performance, non-infringement of third-party rights or the features offered through it are fit for a particular participation or purpose.
Furthermore, TELEFÓNICA does not guarantee that its website and its information will always be available, free of incidents, interruptions, or errors, or that you will not be able to access the EAP application due to an internet failure. Notwithstanding the foregoing, TELEFÓNICA will make its best efforts to avoid, correct or update them, if necessary.
Under no circumstances shall any possible liabilities which, by application of the law, cannot be limited or excluded be understood to be excluded.
To the fullest extent permitted by law, TELEFÓNICA excludes all liability, whether in contract or tort, for any loss or damage (regardless of whether TELEFÓNICA had prior knowledge of the circumstances giving rise to the loss or damage) arising as a result of your application for the EAP, TELEFÓNICA’s website, its features, your information, or the service provided by your telecommunications service operator or any opinion, comment or content.
Subject as provided herein, TELEFÓNICA shall not be liable, in contract or tort, whether or not it has been advised of the possibility of such loss or damage, as a result of:
The Applicant will be liable for any damages that TELEFÓNICA may suffer as a result of a breach of any of the obligations to which it is subject by virtue of these Terms and Conditions under applicable law.
Notwithstanding the foregoing, TELEFÓNICA reserves the right to assume the exclusive defense and control of any claim resulting from a breach of these Terms and Conditions by the Applicant. In this case, the Applicant shall cooperate with TELEFÓNICA in any way necessary to assert the available defense.
In the event that any provision of these Terms and Conditions, or any part thereof, is declared illegal, invalid or unenforceable by a competent administrative or judicial body, it shall be deemed not to be enforceable, without affecting the remaining provisions. No party shall use any other party's confidential information for any purpose other than to exercise its rights under or in connection with this Terms and Conditions.
The delay or failure by TELEFÓNICA to exercise any legal action or any right described in these Terms and Conditions does not imply, under any circumstances, a waiver thereof. Similarly, failure to claim a breach of the obligations set forth in these Terms and Conditions shall not constitute a waiver of any subsequent claim.
The Applicant may not assign or transfer, in whole or in part, any of the rights granted in these Terms and Conditions. Notwithstanding the foregoing, TELEFÓNICA may transfer or delegate any of its rights and obligations under these Terms and Conditions without the Applicant's consent.
Nothing in these Terms shall be construed as an assignment or transfer of any right, representation, partnership, joint venture or employment relationship by TELEFÓNICA. Neither party has any authority to bind the other in any respect.
In no event shall TELEFÓNICA be liable for any consequences that may arise due to force majeure. Force majeure shall be understood to be any unforeseeable event, or one that is foreseen to be unavoidable, that prevents registration for the EAP from taking place.
TELEFÓNICA reserves the right to refuse the participation of any applicant who does not meet the requirements described in these rules and who does not follow the rules.
TELEFÓNICA reserves the right, at any time and without prior notice, to make changes and updates to these Terms and Conditions.
The updated version of the Terms and Conditions shall be accessible at any time via our website. TELEFÓNICA may decide to cancel registration for the EAP at any time in which case we shall notify all participants who have registered by such date.
You must not misuse Telefónica’s website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the websites, the servers on which the websites are stored or any server, computer or database connected to the websites. You must not attack the websites via a denial-of-service attack or a distributed denial-of service attack.
These rules and all matters that are relative to this application shall be governed by the laws of Spain and the competent Courts shall be the Courts of Madrid.
By registering to participate in the EAP you are indicating your acceptance of these terms.
In the event that the Applicant has any problems, wishes to ask any questions or have any doubts, Applicant can contact TELEFÓNICA at the following email address.
Contact email address: eap.opengateway@telefonica.com