Distrito Telefónica. Innovation & Talent Hub

TERMS AND CONDITIONS OF REGISTRATION IN THE TESTERS' COMMUNITY

We recommend that before signing up to the TESTERS community, you take a few seconds to read these terms and conditions:

1.     TERMS AND CONDITIONS AND THEIR ACCEPTANCE

The terms and conditions described below (hereinafter, the "Conditions") are intended to regulate the registration in the community of Testers owned by Telefónica Innovación Digital. S.L.U., with Tax ID number B-83188953, domiciled at Ronda de la Comunicación s/n, Madrid, Distrito T, Edificio Central, 28050 Madrid, Spain, and which is registered in the Companies Registry of Madrid, Volume 17,279, Folio 128, Page M-296237, 1st Entry (hereinafter, "TELEFÓNICA").

Testers is a community made up of volunteers who wish to collaborate with TELEFÓNICA as testers of services and/or products developed by Telefónica Group companies. Testers offers the Participant the possibility of participating in pilots, interviews, questionnaires and various tests of certain services and/or products (hereinafter, the "Trials") with the aim of helping to improve the development of the same. Registration with Testers confers the status of Participant (hereinafter the "Participant") and entails the Participant's full and unreserved acceptance of each and every one of these Terms and Conditions at the very moment the Participant registers with the Testers community (hereinafter the "Programme" or "Testers"). If he does not accept them or does not intend to be bound by them, he shall not access or otherwise apply to Testers.

To participate in Testers Community, the Participant must be at least 14 years old.

Registration as a Tester implies acceptance of these Terms and Conditions, which are made available to them at all times at https://hub.telefonica.com/ , as well as of any notices, regulations for use, instructions made known to them by TELEFÓNICA after acceptance of these Terms and Conditions. Failure to accept them within the period granted for this purpose will result in the termination of the Participant's participation in Trials.

Likewise, Participants wishing to participate in any of the Trials must accept the Particular Conditions of the Test, described in each call.

By registering as a Tester, you agree to the Privacy Policy available at https://hub.telefonica.com/en/privacy-policy .

 

2. DESCRIPTION OF THE INSCRIPTION

By completing the Testers registration form available at https://hub.telefonica.com/en/testers you declare that you are interested in joining the Testers community.

Through the Testers community, you will have access to different Trials initiatives, which you can participate in on a voluntary basis by registering for the Trial you wish to participate in. TELEFÓNICA may request additional information in order to participate and/or carry out such Trial.

Therefore, by accepting these Terms, the Participant agrees that TELEFÓNICA may communicate with him/her in relation to Testers and the Trials in which the Participant registers. This communication may be made through the means of contact provided by the Participant in the corresponding forms.

Given that Testers may be run on services and/or products of the different companies that make up the Telefónica Group (subsidiaries of Telefónica, S.A.), in addition to Telefónica Innovación Digital's own trials, the latter may share your information with other entities of the Group to offer you the opportunity to participate in various trials that are the initiative of such subsidiaries.

In the event that You are selected for a Trial for which You have registered, You will be informed by the relevant Telefónica Group entity and You must accept the specific conditions of the relevant Trial with the Telefónica Group entity conducting such trail. TELEFÓNICA is not responsible for the Trial conducted by other Telefónica Group affiliates, who will be liable to the Participant for all of the provisions of these Terms and Conditions.

Telefónica reserves the right to interrupt, modify and/or terminate unilaterally any of the Trials, informing the selected participants accordingly.

Simply registering with Testers does not guarantee that you will be selected for participation in Trials.

Registration to participate in Trials is voluntary and no payment is required.

At the end of the trial, TELEFÓNICA reserves the right to offer a service to Participants, which may consist of a discount on a Telefónica product or service and/or an object of additional symbolic value. The acceptance of these services by the participants implies acceptance of any tax implications that may arise.

3. UNSUBSCRIBE

At any time, the Participant can unsubscribe from Testers and/or from a particular Trials he/she is participating in. Simply send an email to testers@telefonica.com with "UNSUBSCRIBE" in the subject line. In the case of withdrawal from a Trial, the Participant must follow the instructions, if any, provided to complete the voluntary withdrawal from the Trials.

In addition to voluntary unsubscription from Testers Community and Trials, TELEFÓNICA may unsubscribe you for the following reasons:

       i.         Because TELEFÓNICA decides to suspend Trials.
       ii.       By non-acceptance of possible future changes and updates to the Conditions of Participation.
       iii.       For non-acceptance of the Privacy Policy.
       iv.       By a legal requirement, court order or request from a third party entitled to do so.
       v.        when the Participant: fails to comply with the provisions of these Terms and Conditions; makes improper use of the material available in the Trials; fails to comply with the principles of good faith, morality and public order and/or the regulations in force. All of the above is without prejudice to any other legal action or claim that may correspond to Telefónica and/or the third parties affected.

Termination shall not, in any case, give rise to any type of liability on the part of TELEFÓNICA.

4. CHANGE OF THE CONDITIONS OF PARTICIPATION

TELEFÓNICA reserves the right to make changes and updates to these Terms and Conditions at any time and without prior notice and/or communication to the Participant. We recommend that you review these Terms and Conditions whenever you sign up for a new Trials. In the event that the change has an impact on the conditions of participation in the community, the Participants will be informed of the changes by means of an email notification.The current version of the Terms and Conditions can be accessed at any time via our website https://hub.telefonica.com/

5.INTELLECTUAL PROPERTY RIGHTS

Testers community and its Trials, all of its contents, including without limitation text, photographs, graphics, audio and video material, software, hardware, names, logos, titles, characters, names and icons (hereinafter the "Intellectual Property") are the property of TELEFÓNICA or, if applicable, of third parties who have granted the corresponding rights to TELEFÓNICA .

Unauthorised use of content and/or products subject to Intellectual Property rights that causes damage to the rights of third parties and/or TELEFÓNICA and the companies of the Telefónica Group will give rise to the legally established liabilities.

At no time shall participation in Testers be construed as granting any rights beyond those expressly set out in these Terms and Conditions.

6.CONFIDENTIALITY, IMAGE RIGHTS AND PRIVACY

a.      Confidentiality

All information provided by TELEFÓNICA to the Participant is considered confidential information for the purposes of these Terms and Conditions. The Participant undertakes to keep TELEFÓNICA's information confidential and to use it exclusively within the scope of the Trial. In the event of loss or disclosure of confidential information, the Participant will notify TELEFÓNICA as soon as he/she becomes aware of this fact, providing all details in his/her possession.

The obligations contained in this provision shall survive the termination of these Conditions. The breach of any of the above obligations shall give rise to the right of termination of these Conditions irrespective of the exercise of any legal remedies available to the affected party to claim damages.

b.      Assignment of image rights

The Participant is informed that audiovisual recording material (both audio and video) may be used in the course of the Trials for the purpose of recording and verifying how the interaction of the participants with the Solution and with the materials presented takes place.

In the event that such recordings are made, the Participant authorises TELEFÓNICA, free of charge, to record, capture and fix his/her participation or any other form of participation in the Trial, his/her own image and voice, by any technical means or support, and to exploit the photographs, videos, videos with voice, etc., or part thereof, on which they have been fixed (the "Images and Recordings") for use by TELEFÓNICA within the framework of the Trial.

c.     Protection of personal data

As a consequence of registration in Testers , TELEFÓNICA will process your personal data, provided through the Testers registration form, as the data controller, until you request or incur in one of the causes for cancellation of the Programme.

When the Participant registers for an Event, the personal data necessary for registration and participation in this activity will also be processed, which, in some cases, may include health data, provided that this is previously informed in the conditions of participation.

In certain Trials, provided that you are previously informed and expressly consent, data relating to the image and/or voice of the Participant, contained in the Images and Recordings, may also be processed, as they constitute necessary data for the correct development of the Trials.

In all cases, the Privacy Policy available at https://hub.telefonica.com/politica-privacidad shall apply.

7. DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY AND INDEMNITIES. 

Any reference to TELEFÓNICA throughout this section shall also be deemed to refer to its subsidiaries, affiliates, its Group companies, as well as to all of its directors, licensees, collaborators, advisors and employees.

TELEFÓNICA makes no warranties about Testers community,about the Trials or provided in its website, including without limitation, any warranties of quality, performance, non-infringement of third party rights, or that Testers are fit for a particular purpose.

TELEFÓNICA assumes no responsibility for third party products and/or services used and/or contracted by the Participant for his/her participation in a Trial. For example, those conditions applicable to the operating system of the telephone that the Participant is using, or the terms of use of his or her fixed or mobile telephone operator.

Likewise, TELEFÓNICA does not guarantee that the website or the information on the Testers website and its information will always be available, free of incidents, interruptions or errors, or that registration with Testers cannot be accessed due to an Internet failure. Notwithstanding the foregoing, TELEFÓNICA will make its best efforts to, where appropriate, avoid, correct or update them.

In no case shall any liability that cannot be limited or excluded by operation of law be excluded

TO THE FULLEST EXTENT PERMITTED BY LAW, TELEFÓNICA EXCLUDES ALL LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY LOSS OR DAMAGE (WHETHER OR NOT TELEFÓNICA HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO THE LOSS OR DAMAGE) ARISING OUT OF YOUR REGISTRATION OR PARTICIPATION IN TESTERS, 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:

       i.         consequential damage;
       ii.       loss of profit; or
       iii.       oss of actual or anticipated benefits; or
       iv.       loss of resources; or
       v.        loss of goodwill; or
       vi.       loss of anticipated savings;
       vii.      cost of purchasing substitute goods or services.
       viii.     loss or damage resulting from the limitations of the Testers website or registration in a Trial; or any claim, damage or loss related to a product, service, technology or website that is provided by a third party on its own terms.

The Participant shall 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 under these Terms by virtue of applicable law.

Notwithstanding the foregoing, TELEFÓNICA reserves the right to assume the exclusive defence and control of any claim resulting from a breach of these Terms by the Participant. In this case, the Participant shall cooperate with TELEFÓNICA to the fullest extent necessary to assert the available defence.

8. PROHIBITIONS

It is forbidden to participate in the Trial either directly or indirectly:

  1. Connecting or linking to software that constitutes, promotes and/or provides access to espionage, hacking or any other software or code that in any way undermines the integrity of computer security.
  2. Illegal, fraudulent purposes or in any way linked to criminal acts.
  3. Sending, receiving, uploading, downloading or using any unlawful, offensive, abusive, malicious, threatening, indecent, defamatory, obscene, racist, and/or otherwise discriminatory or objectionable material or content.
  4. Harassing, stalking, persecuting, harassing, tormenting and/or otherwise annoying a person, slandering, libelling, libelling, impersonating or impersonating another person.
  5. Spying on and/or violating the privacy of third parties.
  6. Infringe in any way the rights of third parties and/or these Conditions, as well as any other applicable special conditions.

9. MISCELLANY

       i.         These Terms and Conditions constitute the entire agreement between the Participant and TELEFÓNICA in relation to his or her registration with Testers community and in any of its Trials, and supersede any prior agreements that may exist between the Participant and TELEFÓNICA relating to Testers.
       ii.      The voluntary registration of the Participant in a Trial will imply the acceptance and application of the Particular Conditions identified in each corresponding call.
       iii.      In the event that any provision of these Conditions, or any part thereof, is declared illegal, invalid or unenforceable by a competent administrative or judicial body, it shall be deemed not to have been made, without affecting the other provisions.
       iv.       TELEFÓNICA's delay or failure to exercise any legal action or any right described in these Terms shall in no event constitute 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.
       v.        The Participant 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 Participant's consent.
       vi.      This paragraph 9 and those other provisions which expressly state or are clear that they are to remain applicable shall survive termination of these Conditions.
       vii.      Nothing contained 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.
       viii.     Under no circumstances will 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 the operation of the Testers website.

10. LEGISLATION

The participation in the Testers Community, as well as in the execution of a Trial (through the corresponding Particular Conditions) shall be governed by Spanish law, and the parties submit to the Courts and Tribunals of Madrid city for the resolution of any conflict between them.

11. CONTACT

Should the Participant have any problems, questions or concerns, please contact TELEFÓNICA at the e-mail address below, where they will be happy to assist you.

Contact email address: testers@telefonica.com

Last update: 22/10/2024