Terms and Conditions
These Terms govern:
- the use of this Application and
- any other Agreement or legal relationship with the Owner
in a binding manner. Expressions with an initial capital letter are defined in the relevant section of this document.
Users are kindly requested to read this document carefully.
Notwithstanding that the contractual relationship relating to the purchase of such Products is concluded exclusively between the Owner and Users, Users acknowledge and accept that, where the supply of this Application has occurred via the Apple Store, the Play Store may exercise rights arising from these Terms as a third-party beneficiary.
No provision of these Terms gives rise to an employment relationship, agency or partnership between the parties involved.
This Application is a service of:
Medifast Srl
Piazza Mazzini 27 - 36042 Breganze (VI)
VAT number: 04518810249
Owner’s email address: info@medifast.it
Information about this Application
Medifast Srl, with registered office in Breganze, Piazza Mazzini, 27, 36042 Breganze; is a digital platform that allows users to identify and contact third-party healthcare professionals (doctors and/or nurses) operating as self-employed professionals, for the possible provision of home healthcare services. It offers an organized and controlled system, but does not directly perform any healthcare service. Medifast’s activity is limited to making available and technically managing an IT infrastructure suitable to facilitate the meeting of demand and supply of professional services. The platform is not a clinic nor a medical practice and solely enables the transmission of users’ requests, the management of communications and any administrative aspects connected with booking and payment for services. Medifast Srl remains extraneous to the therapeutic relationship and assumes no medical/healthcare liability in relation to the services provided; it does not intervene in the execution phase of the healthcare activity, nor does it exercise powers of organization, coordination, direction or control over the professionals’ work, with the determination of the methods of performance, technical-professional choices, intervention times, as well as any clinical assessment and healthcare decision remaining entirely with the latter. The professional relationship is established directly between the user and the healthcare professional, who operates as a self-employed worker, assuming exclusive responsibility, also pursuant to applicable ethical and healthcare rules, for the services rendered. The professional, by accepting the platform’s terms of use, declares under their own responsibility that they meet the minimum requirements provided by applicable law, and in particular: (I) to be duly registered with the Order of Nursing Professions (OPI); (II) to be authorized to practice the profession; (III) to operate as an independent professional and/or holder of a VAT number; (IV) to comply with applicable healthcare, tax and ethical regulations; (V) to fully assume responsibility for the services performed. Where biological samples are collected as part of the service, they are delivered to third-party analysis laboratories, autonomous and independent, appointed for analysis and reporting. Such entities operate with full organizational and professional autonomy, and are directly responsible for the relevant healthcare and regulatory obligations. Medifast Srl neither manages nor stores clinical health data (such as reports, diagnoses or detailed medical information), which are processed exclusively by healthcare professionals and partner laboratories in compliance with applicable law.
PAYMENT MANAGEMENT Payments made by users through the Medifast Srl platform are collected by Vapelo srl as collection agent on behalf of the healthcare professionals and healthcare facilities that provide the service. Medifast Srl retains only a commission for the digital intermediation service. Fees for healthcare services are invoiced directly by the professional and/or the healthcare facility to the end user. Medifast Srl does not issue invoices or tax documents relating to healthcare services requested through the platform. The issuance of invoices or other tax documents is the sole responsibility of the healthcare professionals or facilities providing the service, as independent entities. Medifast Srl assumes no tax obligation in relation to healthcare services, acting solely as a technological intermediary and, where provided, as collection agent
It is understood that any healthcare services requested through the platform are provided exclusively by independent healthcare professionals, who are solely responsible for the information provided and the activities carried out.
CANCELLATION AND REFUND POLICY
GENERAL PRINCIPLES
Medifast Srl organizes and coordinates professional and logistical resources dedicated to each booking made through the platform. The search, selection and assignment of the healthcare professional involve organizational activities and operating costs borne by Medifast.
For this reason, cancellation and refund conditions vary depending on the type of service requested, the time at which cancellation is made and the status of the booking.
Any refunds will be made using the same payment method used by the user at the time of booking, subject to the technical timelines of the payment providers and the banks involved.
STANDARD SERVICES
Standard services are all home services that do not fall within the category of urgent services.
1) CANCELLATION MORE THAN 24 HOURS BEFORE THE APPOINTMENT
The user is entitled to a full refund (100%) of the amount paid.
2) CANCELLATION WITHIN THE 24 HOURS BEFORE THE APPOINTMENT
The amount paid will not be refundable.
3) HEALTHCARE PROFESSIONAL ALREADY TRAVELLING
If the healthcare professional is already travelling to the address indicated by the user, the amount paid will not be refundable regardless of the time of cancellation.
URGENT SERVICES
The following are considered urgent services:
- requests with execution scheduled within 12 hours of booking;
- requests with execution scheduled on Saturdays, Sundays or public holidays;
- requests requiring immediate activation of Medifast’s professional network;
- requests that entail the immediate activation of the organizational and professional resources necessary to perform the service.
1) CANCELLATION WITHIN 15 MINUTES OF PAYMENT
The user is entitled to a refund of 50% of the amount paid.
2) CANCELLATION MORE THAN 15 MINUTES AFTER PAYMENT
The amount paid will not be refundable.
3) HEALTHCARE PROFESSIONAL ASSIGNED
From the moment a healthcare professional is assigned to the booking and payment is made by the user, Vapelo considers the organizational and professional activities necessary to provide the service to be activated. Therefore, the refund conditions indicated above for urgent services apply.
4) HEALTHCARE PROFESSIONAL ALREADY TRAVELLING
If the healthcare professional is already travelling to the address indicated by the user, the amount paid will not be refundable.
USER NO-SHOW
If the healthcare professional arrives at the indicated address and the user is absent, unreachable or unable to receive the service without adequate notice, the amount paid will not be refundable.
INABILITY TO PERFORM THE SERVICE
If the service cannot be performed due to the unavailability of the healthcare professional, organizational issues attributable to Medifast or other causes attributable to the partners involved in providing the service, the user will be entitled to a full refund (100%) of the amount paid.
“This Application” refers to
- applications for mobile devices, tablets or similar;
- the Service;
- For the purposes of these terms, “this application” means the mobile app available on iOS and Android devices and the set of digital services offered through the platform, including the booking system, user management features, intermediation services between users and professionals, payment features and the associated technical infrastructure
To know at a glance
- The use of this Application and the Service is reserved to Users of legal age under applicable law.
- Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.
Trial version
Users acknowledge and accept that this Application is currently provided as a product to be tested solely for trial purposes. Its tools and features, as well as the Service itself, may not always be available, compatible or fully functional. Users acknowledge and accept that they use this Application at their own risk. No right to damages, refund or compensation may be exercised in relation to such trial product.
How this Application works
This Application acts as a technical infrastructure that allows Users to interact with each other. The Owner is therefore not directly involved in any such interactions between Users.
TERMS OF USE
Unless otherwise specified, the terms of use of this Application set out in this section have general validity.
Additional terms of use or access applicable in particular situations are expressly indicated in this document.
By using this Application, the User declares to meet the following requirements:
- There are no restrictions on Users as to whether they are Consumers or Professional Users;
- The User is of legal age under applicable law;
- The User is not located in a country subject to a U.S. government embargo or in a country included in the list of states sponsoring terrorism by the U.S. government;
- The User is not included in any U.S. government list of prohibited contractors;
Registration
To use the Service, the User may open an account by providing all required data and information completely and truthfully.
It is not possible to use the Service without opening a User account.
It is Users’ responsibility to keep their access credentials secure and preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Application.
By creating an account, the User agrees to be fully responsible for any activity carried out with their access credentials. Users must inform the Owner immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, has been breached, unlawfully disclosed or stolen.
Registration requirements
Registration of a User account on this Application is subject to the conditions specified below. By registering an account, the User confirms that they meet such conditions.
- Opening accounts through bots or other automated means is not allowed.
- Unless otherwise specified, each User may create only one account.
- Unless expressly permitted, a User’s account may not be shared with other persons.
Account termination
The User is free to close their account and stop using the Service at any time by following this procedure:
- By contacting the Owner at the contact details in this document.
Account suspension and deletion
The Owner reserves the right to suspend or delete a User’s account at any time at its sole discretion and without notice in the following cases:
the User has violated these Terms; and/or
the User’s access to this Application may cause harm to the Owner, other Users or third parties; and/or
the User’s use of this Application may result in a violation of laws or regulations; and/or
in the event of judicial investigations or government proceedings; and/or
if the User account or its use is deemed, at the Owner’s sole discretion, inappropriate, offensive or contrary to these Terms.
Suspension or deletion of the account does not entitle the User to any compensation, refund or indemnity.
Suspension or deletion of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may apply.
Content on this Application
Unless otherwise specified or clearly recognizable, all content available on this Application is owned by or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable law or third-party rights. However, it is not always possible to achieve this result.
In such cases, without prejudice to rights and claims enforceable by law, Users are kindly requested to address the relevant complaints to the contact details specified in this document.
Rights to content on this Application
The Owner holds and expressly reserves all intellectual property rights to the above content.
Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/assigning to third parties or creating derivative works from the content available on this Application, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Application, the User is authorized to download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes and provided that attribution of authorship and any other relevant circumstance required by the Owner is observed.
Limitations and exclusions provided by copyright law remain unaffected.
Access to external resources
Through this Application, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any grants of rights on content, are determined by such third parties and governed by their terms and conditions or, in their absence, by law.
Permitted use
This Application and the Service may only be used for the purposes for which they are offered, under these Terms and in accordance with applicable law.
It is the User’s sole responsibility to ensure that the use of this Application and/or the Service does not violate the law, regulations or third-party rights.
If the Owner intends to adopt a measure to protect its legitimate interests that entails total impossibility, or a considerable limitation, for the User to access this Application or the Service (even only temporarily), the Owner will inform the affected User 7 days before the measure takes effect, unless such delay may cause irreparable harm to the Owner’s legitimate interests.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any censurable activity carried out through this Application or the Service to the competent authorities – e.g. judicial or administrative authorities – whenever there is suspicion that the User is committing violations of law, regulations, third-party rights and/or the Terms, in particular, but without limitation, by carrying out one of the following activities:
Rules of conduct
- pretending to meet any access requirement for this Application or for use of the Service, such as legal age or Consumer status;
- concealing one’s identity, using another’s identity or pretending to act on behalf of a third party, if not authorized by such third party;
- altering identifiers to hide or disguise the origin of one’s messages or published content;
- defaming, threatening, abusing, using intimidating practices, threatening or otherwise violating third-party rights;
- promoting activities that may endanger one’s own life or that of any other User or cause physical harm. This category includes, without limitation, threats of or incitement to suicide, glorification of intentional physical trauma, use of illegal drugs, alcohol abuse. Publishing content that promotes, glorifies or depicts self-destructive or violent behavior on this Application is not tolerated under any circumstances;
- probing, scanning or testing the vulnerability of this Application, the services and networks connected to the site, breaching security or authentication procedures on this Application, the services and networks connected to this Application;
- installing, integrating, uploading or otherwise incorporating malware in or through this Application;
- using this Application or its technological infrastructure in an abusive, excessive or otherwise inappropriate manner (for example: for spamming);
- attempting to disrupt or tamper with the technological infrastructure in such a way as to cause damage or an excessive burden to this Application or the Service;
- offering through this Application Products whose sale is prohibited by law or that are not currently available (e.g. out of stock);
- manipulating the price of Products offered or failing to deliver purchased Products;
- encouraging other Users to complete a transaction initiated on this Application outside of this Application to avoid paying any commissions;
Scraping
- implementing automated processes of extraction, collection or capture of information, data and/or content from this Application and all related digital extensions, unless expressly authorized by the Owner;
Content rules
- disseminating or publishing unlawful, obscene, illegitimate, defamatory or inappropriate content;
- publishing content that directly or indirectly promotes hatred, racism, discrimination, pornography or violence;
- disseminating or publishing false content or content that may cause unjustified alarm;
- using this Application to publish, disseminate or otherwise offer content protected by intellectual property laws, including, without limitation, patents, trademarks and copyright, without the authorization of the rights holder;
- using this Application to publish, disseminate or otherwise offer content that violates third-party rights, including, without limitation, military, commercial, professional or state secrets and personal data;
- publishing content or carrying out activities that disrupt, interrupt, damage or otherwise violate the integrity of this Application or other Users’ devices. Such activities include: spamming, unlawful dissemination of advertising, phishing, fraud against third parties, dissemination of malware or viruses, etc.;
- publishing or otherwise disseminating false, incorrect, misleading, defamatory or offensive content in relation to Products offered on this Application;
User protection
- abusing another User’s account;
- collecting or extracting personal and identifying information of other Users, including, without limitation, email addresses or contact details, by violating the privacy settings of other Users’ accounts on this Application or in any other way;
- using information relating to other Users, such as personal or contact data, for purposes other than those of this Application;
Prohibitions on commercial use
- opening an account or using this Application to promote, sell or advertise products or services of any kind in any way;
- pretending or implying in any way to have a relationship with this Application, to enjoy this Application’s support, or that this Application supports the products or services of the User or a third party for any purpose;
Prohibition of child sexual abuse and exploitation
It is expressly prohibited to create, upload or distribute content that facilitates the exploitation or abuse of minors. Such activities include any type of child pornography material, etc.
Software license
Any intellectual or industrial property rights, as well as any other exclusive rights existing on the software or technology integrated in or related to this Application are held by the Owner and/or its licensor.
Provided that the User complies with these Terms and notwithstanding any divergent provision contained herein, the Owner grants Users a revocable, non-exclusive, non-transferable and non-sublicensable license to use the software and/or technology integrated in the Service within the scope and for the purposes of this Application and the Service offered.
The license does not include any right of access to, use of or disclosure of the original source code to the User. The techniques, algorithms and procedures contained in the software and the related documentation are the exclusive property of the Owner or its licensor.
The grant of rights and licenses to the User ceases with immediate effect in the event of termination or expiry of the Agreement.
API Terms of Use
Users may access their data relating to this Application through the Application Program Interface (API). Any use of the API, including through third-party products or services that access this Application, is subject to the Terms and, in addition, to the following specific conditions:
- the User expressly acknowledges and accepts that the Owner is not liable for damages or losses resulting from the User’s use of the API or third-party products or services that access data via the API.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products offered on this Application as part of the service are paid.
Fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.
To purchase Products, the User must register or log in to this Application.
Product description
Prices, descriptions and availability of Products are specified in the respective sections of this Application and are subject to change without notice.
Although Products on this Application are presented with the greatest technically possible accuracy, the representation on this Application by any means (including, as applicable, graphic materials, images, colors, sounds) is for reference only and does not imply any warranty as to the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
The offer of Products is non-binding. To make a purchase, Users must submit a binding purchase offer. Only once such offer is accepted can the contract be considered concluded.
Purchase procedure
Each step, from choosing the product to submitting the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
- Users are requested to choose the desired Product so that it appears in the purchase selection, indicating, where possible, quantity and specific features.
- Users can review their selection, modify, add or remove items.
- Users will be asked to specify their billing address, contact details and a payment method of their choice.
- During the purchase procedure, Users may at any time modify, correct or replace the information provided or cancel the purchase procedure entirely without any consequences.
- After providing all required information, Users are requested to carefully review the order and may then proceed to checkout.
- By clicking the checkout button, Users access the checkout area of Stripe where they will be asked to provide their contact details and a payment method of their choice.
- Users who have not yet done so may ask Stripe to store their payment information for future purchases on this Application or on other sites that use Stripe as a payment gateway. For information on the processing of personal data and related rights, the User may consult Stripe’s privacy policy and this Application’s privacy policy.
- Within Stripe’s checkout area, Users will have the option to choose direct checkout. Direct checkout allows Users to complete the purchase directly, using payment information and contact details stored by the most common online payment management services (such as “ApplePay”, “Google Pay”, “Microsoft Pay”).
To submit the order, Users must accept these Terms and use the relevant button or mechanism on this Application, thereby undertaking to pay the agreed price.
Order submission
Submitting the order entails the following:
- Each submitted order constitutes a purchase offer. Submitting the order creates for the User the obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
- If the purchased Product requires an action by the User, such as providing information or personal data, specifications or special requests, submitting the order also creates for the User the obligation to cooperate accordingly.
- Once the order has been submitted, Users will be sent a receipt. Unless otherwise specified in the relevant communications, the above receipt only acknowledges receipt of the order and does not constitute acceptance of it.
Order confirmation
- Unless the order receipt expressly constitutes simultaneous acceptance of the order – in which case the contract is deemed concluded – the purchase contract is concluded when the User receives the communication of acceptance of the order.
- Subject to availability and at the discretion of the Seller and/or the Owner, the order will be accepted without undue delay.
Failure to accept an order does not entitle the User to make any claims – including for damages – against the Seller and/or the Owner.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase procedure and before submitting the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Application:
- include all applicable commissions, taxes and costs.
Payment methods
Details relating to accepted payment methods are highlighted during the purchase procedure.
Some payment methods are subject to additional conditions or entail additional costs. Detailed information is provided in the relevant section of this Application.
All payments are handled independently by third-party services. Therefore, this Application does not collect payment data – such as credit card numbers – but receives a notification once payment has been successfully completed. For further information on the processing of personal data and related rights, the User may refer to this Application’s privacy policy.
If a payment made with one of the available methods fails or is refused by the payment service provider, the Owner is not obliged to fulfill the order. If payment is unsuccessful, the Owner reserves the right to request from the User reimbursement of any related expense or damage.
Authorization for future payments via PayPal
If the User authorizes the PayPal feature that enables future purchases, this Application will store an identification code linked to the User’s PayPal account. In this way, this Application will be able to automatically process payments for future purchases or for payment of periodic installments of a previous purchase.
The authorization may be revoked at any time by contacting the Owner or by changing PayPal’s personal settings.
Purchase via app store
This Application or certain Products for sale on this Application must be purchased via a third-party app store. To make such purchases, Users are requested to follow the instructions in the relevant app store (for example “Apple App Store” or “Google Play”). Such information may vary depending on the specific device used.
Unless otherwise specified, purchases made through third-party online stores are also subject to the terms and conditions of such third parties. Such terms and conditions prevail in any case of inconsistency or conflict with these Terms.
Therefore, Users who make purchases through such third-party online stores are requested to read carefully and accept the relevant terms and conditions of sale.
Reservation of usage rights
Until the Owner receives payment of the full purchase price, the User does not acquire usage rights to the ordered Products.
Contractual right of withdrawal
The Owner grants Users the contractual right to withdraw from the purchase contract according to the terms and conditions set out in the relevant section of this Application within 14 days from the conclusion of the contract.
Provision of services
The purchased service will be performed or made available within the timeframes indicated on this Application or according to the methods communicated before submission of the order.
Users acknowledge and accept that, to access the Service, they must use lawful, commonly used and up-to-date devices and/or software (including operating systems), in line with current market standards.
Users acknowledge and accept that the ability to use the services may be limited in time and space.
Provision of personal data
To access or receive some of the Products provided through this Application as part of the Service, Users may be required to provide their personal data as indicated on this Application. If the User withdraws consent to the processing of personal data required for the provision of the Service, the Owner reserves the right to terminate the contract with the User.
User rights
Right of withdrawal
Unless an exception applies, the User may enjoy the right to withdraw from the contract within the term specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
No right of withdrawal exists for contracts concluded with the Owner. It may, however, be applicable to contracts concluded with Sellers. Where applicable, the right of withdrawal from contracts concluded with Sellers through this Application is subject to the conditions and definitions indicated by each Seller on this Application.
Legal guarantee of conformity of Digital Products under European Union law
Under European law, for a minimum period of 2 years from delivery or, in the case of Digital Products supplied continuously for more than 2 years, for the entire supply period, the seller guarantees the conformity of the Digital Products supplied to Consumers.
If Users act as European Consumers, the legal guarantee of conformity applies to Digital Products available on this Application in accordance with the laws of the country in which they habitually reside.
The national laws of that country may grant Users broader rights.
Limitation of liability and indemnification
Unless otherwise specified or agreed with Users, the Owner’s liability for damages connected with the performance of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Indemnification
The User undertakes to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners and employees to the extent permitted by law from any claim or demand – including, without limitation, legal fees and expenses – made by third parties due to or in connection with conduct in violation of these Terms, third-party rights or the law, carried out in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, co-branders, partners and employees, by way of fault.
The foregoing also applies to any claim brought by third parties (including, by way of example only, the Owner’s customers) against the Owner in relation to Digital Products provided by the User, such as, for example, claims regarding conformity.
Limitation of liability for User activities on this Application
Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features available on this Application.
The Owner does not intervene in any way as intermediary, moderator or promoter in interactions, agreements or transactions between Users and therefore disclaims any liability for such interactions between Users and for the performance of any obligations by Users, except as provided by applicable law.
Limitation of liability for User activities on this Application
Unless otherwise specified and without prejudice to applicable legal provisions, any claim for damages against the Owner (or any natural or legal person acting on its behalf) is excluded.
The foregoing does not limit the Owner’s liability for death, personal injury or impairment of physical or mental integrity, damages resulting from breach of essential contractual obligations, such as obligations strictly necessary to achieve the purpose of the contract, and/or damages caused by willful misconduct or gross negligence, provided that the User’s use of this Application has been appropriate and correct.
Unless damages were caused by willful misconduct or gross negligence or affect life and/or personal integrity, physical or mental, the Owner is liable only to the extent of the typical damage for the type of contract and foreseeable at the time of conclusion.
In particular, within the limits set out above, the Owner assumes no liability with regard to:
- damages or losses resulting from interruptions or malfunctions of this Application due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the Owner’s will and beyond its control, such as, by way of example, breakdowns or interruptions of telephone or power lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and cyberattacks, interruptions in the supply of third-party products, services or applications;
- any loss of profits or other losses, even indirect, that the User may have suffered (such as, by way of example, business losses, loss of revenue, profits or anticipated savings, loss of contractual or business relationships, loss of goodwill or damage to reputation, etc.);
- any losses that are not the direct consequence of a breach of the Terms by the Owner;
By way of derogation from the foregoing, the following limitations apply to all Users other than Natural Persons:
In the event of the Owner’s liability, the compensation due may not exceed the total amount of payments that have been, will be or could be contractually due to the Owner by the User for a period of 12 months or for the entire duration of the Agreement, if shorter.
Common provisions
No implied waiver
Failure by the Owner to exercise legal rights or claims arising from these Terms does not constitute a waiver of them. No waiver may be considered final with respect to a specific right or any other right.
Service interruption
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other change, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely cease the Service activity. In the event of cessation of the Service activity, the Owner will endeavor to allow Users to extract their personal data and information and will respect Users’ rights relating to continued use of the product and/or compensation, in accordance with legal provisions.
In addition, the Service may not be available due to causes beyond the Owner’s reasonable control, such as force majeure (e.g. infrastructure malfunctions, blackouts, etc.).
The Owner undertakes to inform the User with at least 15 days’ notice, where possible.
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the Owner’s prior written consent, expressed directly or through a legitimate resale program.
Privacy policy
Information on the processing of personal data is contained in this Application’s privacy policy.
Intellectual property
Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Application are held exclusively by the Owner or its licensors and are protected under applicable laws and international treaties on intellectual property.
All trademarks – word or figurative – and any other distinctive sign, company name, service mark, illustration, image or logo appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties on intellectual property.
Changes to the Terms
The Owner reserves the right to amend the Terms at any time. In such case, the Owner will give appropriate notice of the changes to Users.
Changes will take effect in the relationship with the User only from the time communicated to the User.
Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, they must stop using the Service and may withdraw from the Agreement.
The previous version continues to govern the relationship until the User accepts the changes. That version may be requested from the Owner.
If required by law, the Owner will inform Users in advance of the effective date of the amended Terms.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or subcontract any or all rights and obligations under these Terms, taking into account Users’ legitimate interests.
The provisions regarding changes to these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the Owner’s written consent.
Contacts
All communications relating to the use of this Application must be sent to the contact details indicated in this document.
Severability clause
If any provision of these Terms is or becomes null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause the remaining provisions to be ineffective, which therefore remain valid and effective.
US Users
Any invalid or ineffective provision shall be interpreted and adapted to the extent necessary to make it valid, effective and consistent with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the regulated subject matter and prevail over any other communication, including any prior agreements, between the parties regarding the regulated subject matter.
These Terms will be enforced to the fullest extent permitted by law.
European Users
If a provision of these Terms is or becomes null, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision to replace the null, invalid or ineffective one.
If no agreement is reached within the above terms, if permitted or provided by applicable law, the null, invalid or ineffective provision shall be replaced by the applicable legal rule.
Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have concluded the contract had they known the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.
Applicable law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document, regardless of conflict-of-law rules.
Prevalence of national law
However, notwithstanding the foregoing, if the law of the country where the User is located provides a higher level of consumer protection, that higher level of protection shall prevail.
Jurisdiction
The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the court of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for Consumers in Europe
The foregoing does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.
Accessibility
The Owner undertakes to make content accessible to Users with disabilities. If Users have a disability and are unable to access any part of this Application because of it, they are required to report it, including a detailed description of the problem encountered. If the problem is easily identifiable and solvable based on standard industry IT tools and techniques, the Owner undertakes to resolve it promptly.
Dispute resolution
Amicable settlement of disputes
Users may report any disputes to the Owner, who will try to resolve them amicably.
Without prejudice to Users’ right to bring legal action, in the event of disputes relating to the use of this Application or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
The User may address a complaint to the Owner’s email address indicated in this document, including a brief description and, where applicable, the details of the relevant order, purchase or account.
The Owner will process the request without undue delay and within 7 days of receipt.
Amicable resolution of disputes between Users
Users may report to the Owner disputes with other Users arising from the use of this Application. The Owner will endeavor to mediate the opposing requests in order to reach a consensual solution.
Without prejudice to Users’ right to bring legal action, in the event of disputes between Users arising from the use of this Application or the Service, Users are requested to contact the Owner at the contact details indicated in this document.
Definitions and legal references
This Application (or this Application)
The structure that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Business User
Any User who does not match the definition of Consumer.
Digital Product
A Product consisting of:
- content produced and provided in digital format; and/or
- a service that enables the creation, transformation, storage or access of data in digital format, or the sharing or any other interaction with data in digital format uploaded or created by the User and by any other User of this Application.
European (or Europe)
Applies when the User, regardless of nationality, is located in the European Union.
Natural Person
Any human being, including, by way of example but not limitation, Consumers.
Owner (or We)
Indicates the natural or legal person who provides this Application and/or offers the Service to Users.
Product
A good or service available through this Application, such as a tangible good, digital files, software, booking services, etc., and any other type of product separately defined in this document, such as Digital Products.
Service
The service offered through this Application as described in the Terms and on this Application.
Terms
All conditions applicable to the use of this Application and/or the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the respective most updated version.
User (or You)
Indicates any natural person who uses this Application.
Consumer
A Consumer is any User considered as such under applicable law.