GENERAL CONDITIONS OF CONTRACT
These general terms and conditions apply to all orders placed at FoodiesTrip S.r.l. unless otherwise specified by the parties.
The FoodiesTrip S.r.l. is the company that offers services. Based in San Benedetto del Tronto (AP), Via del Lavoro, 24, social security number and Vat. ID 01975940675. The “Customer” is the company or individual company that uses the services offered, free of charge or for valuable consideration, by FoodiesTrip S.r.l. The “Users” are individuals who use the “foodiestrip” application, current or potential clients of the “Customers.”
The Contract between the Customer and FoodiesTrip S.r.l. is concluded when the latter, following receipt of the order by the Customer, proceeds to activate the service. The activation of the service, which will take place only after receiving the payment, is communicated to the Customer by e-mail.
Foodiestrisp S.r.l. manages and makes available to users and customers an application, usable via web and smartphone, called “Foodiestrip” that allows users to evaluate and review their experience in businesses, such as restaurants, pizza places, bars, etc., related to the world of catering. Concerning Customers, business owners, Foodiestrip S.r.l. provides both free services and paid services.
Also regarding paid services, Foodiestrip S.r.l. is obliged only to make available the platform and the services themselves, without responding in any way to the use of the platform by users. In particular, the Customer is expressly informed that the usefulness of the services made available, both free and paid, depends on the use of the application by the users, of this Foodiestrip S.r.l. cannot in any way answer.
The Customer can not purchase the services offered by FoodiesTrip S.r.l. to resell them in favor of third parties. The intellectual property rights, trademarks and technological solutions related to the services are and remain the property of FoodiesTrip S.r.l. if the ownership by third parties is not expressly indicated. The Customer guarantees for himself and the users that he/she will not copy, decompile, disassemble, modify, rent, lease and/or borrow, distribute or transmit the software components constituting the Services.
FoodiesTrip S.r.l. guarantees that its applications will be functional and available, on an annual basis, for no less than 95% of the time. FoodiesTrip S.r.l. is not liable for damages and is not liable for any reimbursement where, for facts not attributable to it (interruption of internet services, interruptions of electricity, etc.), the Customer can not use the services offered. FoodiesTrip S.r.l. does not assume any responsibility for the services offered to customers free of charge, reserving, inter alia, the possibility of interrupting these services at any time, to modify the content at will or to request payments to allow their further use. The Customer declares that he is aware of and accepts the hardware and software prerequisites that have been described to him during the illustration of the offer. The Customer will also personally provide to equip his personal computer with the basic software necessary for the use of the service. The Customer takes care of the correct configuration of his hardware and of the installation of the propedeutic software to use the service. The Customer will use the service through an Internet connection which must be provided through a separate subscription with a telecommunications operator, which guarantees a suitable bandwidth. The Customer, therefore, assumes all responsibility for any non-correspondence of the connectivity to the necessary technical characteristics and any malfunctions or the non-use of the services resulting from there.
Limitation of responsibility. Foodiestrip S.r.l. does not by any means guarantee that the Users and the Customers will effectively use the application in significant numbers. Foodiestrip S.r.l. is not in any way responsible for the content of the evaluations expressed by the Users, limiting itself to verifying that the User, at the moment in which he makes these evaluations, is in the business or near the business.
Foodiestrip S.r.l. undertakes to remove, at the request of the Customer, inappropriate content, meaning only the offensive content, contrary to public policy or morality, within three days of the request, which must be sent, properly documented, to the address [email protected]
FoodiesTrip S.r.l. will provide the Customer, at the time of activation of the service, the authentication credentials to access it. It is the responsibility of the Customer to keep the credentials confidential, and FoodiesTrip S.r.l. can not under any circumstances be held responsible for any direct and/or indirect damage resulting from failure to comply with the above by the Customer.
The services called “Essential,” “Essential Plus” and “Premium” have an annual term, starting from the receipt of the first payment. The same is offered at the price resulting from the price list in force at the time and posted on the site www.foodiestrip.com. In the absence of termination, to be exercised through a registered letter with acknowledgment receipt or certified e-mail at the address of the Company at least 30 days before the deadline, the contract is renewed for a further year, at the price in effect on the expiration date of the termination date. Each party, after the first deadline, will be able to withdraw from the contract with 90 days’ notice, with communication to be sent through a registered letter with acknowledgment receipt or certified e-mail.
FoodiesTrip S.r.l collects all personal data of users with the informed consent of the interested parties, in compliance with national and European legislation. The data are presented to the Customers anonymously and are not in any way transferred to the Customers by FoodiesTrip S.r.l.
FoodiesTrip S.r.l. reserves the right to interrupt the service to the Customer in the case of non-payment of even one installment of the fees agreed for the services “Essential,” “Essential Plus” and “Premium.” In particular, failure to pay even one installment of the agreed fees will entail the termination of the contract right. The resolution will rightfully operate on simple receipt by the Customer of communication through a registered letter with acknowledgment receipt and/or certified e-mail, containing the notification of non-compliance and the intention to make use of the resolution itself.
Variations of contractual conditions. The provision of the Services is regulated and governed by these General Conditions of Contract, the Order, the Annexes and the applicable legislation. It is expressly agreed that FoodiesTrip S.r.l. shall have the right to make changes to the contractual framework described above, or to the object of the services. In this case, at least 30 (thirty) days before the application of these modifications, the new contractual conditions applicable will be communicated to the Customer, through certified e-mail or other tool chosen by FoodiesTrip S.r.l. . The Customer, in case of non-acceptance of the new conditions, must communicate a specific cancellation by registered mail before the date on which these changes come into force. If no notice of termination is given, the contract will continue to the new conditions communicated.
Any dispute arising between the parties concerning this contract, including those relating to its validity, interpretation, execution, and termination, will be exclusively devolved to the Court of Teramo, with the exclusion of any other jurisdiction.
The Italian law regulates this contract. Where the Customer is not resident or domiciled in the territory of the Italian Republic, the jurisdiction of the Italian court in any case arising from the present contract still stands. These general conditions of contract are considered accepted upon confirmation of purchase. By confirming the purchase, the customer declares to accept by express approval the articles 7 (Price and duration of the services. Withdrawal), 9 (Express termination clause), 10 (General provisions, Variations of contractual conditions), 11 (Place of jurisdiction) and 12 (Applicable law and jurisdiction).
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