TERMS OF SERVICE
Please read these Terms of Service carefully before using the services of Marketing Italia s.r.l.s. and before proceeding with the purchase of any type of Naples Pass. With the use of the services of Marketing Italia s.r.l.s., or by making any purchase, you fully accept these Terms of Service and agree to be aware of its complete content.
Reporting approach: to report problems or poor service, buyers must communicate by e-mail firstname.lastname@example.org or by sending a registered letter to our registered office address in Naples: at Galleria Umberto I n. 27.
ART.1 – CONCEPTS
1.1) The following concepts and the following definitions are used in the Contract:
– Contract or Agreement: this Contract for the purchase and sale of the Naples Pass in addittion to the Artecard, allows you to have access to discounts and promotions at the best places in Naples, as well as free access to sites of interest and discounts on public transport .
– Services of Marketing Italia s.r.l.s .: the “Naples Pass” App interface, which the company provides to the user to perform all the authorized operations and the monitoring of the instruments used to place orders. The agreement is concluded electronically via the “Naples Pass” app and is electronically agreed between the company and the registered user
ART. 3 – PRIVACY AND COOKIES
ART. 4 – SUBJECT OF THE CONTRACT
4.1) The display of products present in the Marketing Italy s.r.l.s. services constitutes an invitation to offer. The Naples Pass App is designed to purchase securities that allow access to discounts and promotions at the best places in Naples, as well as free access to sites of interest and discounts on public transport.
4.2) To order a product you only need to register in the App, select the desired product, put it in your cart and complete the order by paying the purchase price by Paypal.
If you want to buy one or more products shown on the App, you can select them one by one, adding them to your cart. Once you have selected all the items you wish to purchase, you can close your shopping cart and submit the order. The products will be sold as described in the relevant information sheets. The image accompanying the description of a product may not be fully representative of its characteristics. All the information supporting the purchase are intended as simple general information material, not referable to the real characteristics of a single product.
4.3) Your order will be considered as your purchase contract proposal addressed to Marketing Italia s.r.l.s. for the listed products, each considered individually. The Sales Contract with Marketing Italia s.r.l.s. will only be concluded with the payment of the purchase price. With the payment of the purchase price and the conclusion of the contract, Marketing Italia s.r.l.s. will add the products you purchased immediately in your personal area.
4.4) The Naples Pass purchased by you, which is for 3, 7 or 365 days, is effective immediately after purchase and will be registered in the name of the registered user, until the end of the validity period on the third, seventh or the three hundred and sixty-fifth day that follows up to the purchase, respecting the hour in which the purchase took place. In the case of a transfer, the Naples Pass will be re-registered to the person to whom it has been transferred. In case of the purchase of more than one “Naples Pass”, the duration of all passes will begin to run simultaneously, without any possibility of refund. The complete list of the affiliated activities and the relative discount offered to Naples Pass holders is available in the “Naples Pass” App, available on the Google Store and App Store. Show your Naples Pass as soon as you enter the affiliated business, the discount will not be applied if the activity has already issued the tax receipt. Once you have shown your Naples Pass your code will be scanned by the operator who will verify its validity, if your Naples Pass is invalid, the discount will not be applied.
4.5) Differently from the Naples Pass, the Campania> 3-day artecard also applies to transport (only in physical card format), therefore the digital version is not a valid travel document. It is a personal and non-transferable card, it must be endorsed on admission to each site and must be shown to the service staff on request. Campania> artecards Transportation and Places must be withdrawn in physical card format at the collection points indicated in the App, immediately after the purchase of the digital version of the Naples Pass. For the purposes
of the effective date of its validity, it is necessary to stamp it at first use. It expires at midnight on the last day of its validity period. For applicable conventions, it is necessary to consult the “Naples Pass” App. Campania> artecard 7 days does not apply to transport, it is digital only, and enjoys the same guidelines as the “Naples Pass” referred to in the previous points, with the exception of the period of validity that will always expire at midnight on the seventh day after activating it.
4.6) You agree to receive electronic invoices from Paypal in relation to the transaction made. No other tax document will be issued by Marketing Italia s.r.l.s.
4.7) With this agreement, you accept that Marketing Italia s.r.l.s. generates gains and profits from the transactions on its platform. The company takes a commission for processing each order for a percentage of the value of the products.
ART. 5 – RIGHT OF WITHDRAWAL AND LEGAL CONFORMITY GUARANTEE
5.1) Pursuant to and in accordance with art. 59 of Legislative Decree 206/2005, it is conventionally excluded the right of withdrawal for the existence of the conditions set out in lett. d) and o) for the said Article. Notwithstanding any other request made by the user after direct contact with Marketing Italia s.r.l.s.
5.2) Given the characteristics of the product sold by Marketing Italia s.r.l.s., the legal guarantee of conformity provided by Legislative Decree no. 206/2005 is not applicable.
ART. 6 – PRICES AND AVAILABILITY
6.1) All prices include VAT applied by law
6.2) Information on the availability of the products we sell can be listed on the App, as well as on the presentation page of each product. The product page contains all the information that we own. Once your order is received, we will notify you as soon as possible at your e-mail address, if some of the products you have ordered are not available at the moment and, if possible, when they are available again.
ART. 7 – COPYRIGHT AND RIGHTS ON DATA BANKS
7.1) All content that is present or made available through the Marketing Italy s.r.l.s. Services in the form of texts, graphics, logos and any other tools present in the software used, is the property of Marketing Italia srls, or its content providers, and are protected by Italian laws and international laws on copyright and rights on the databases. The list of all the content present or made available through the Marketing Italia s.r.l.s. Services is the exclusive property of Marketing Italia s.r.l.s. and is protected by Italian, EU and international laws on copyright and database rights.
It is not permitted to extract and / or systematically reuse parts of the Marketing Italia s.r.l.s. services without the express written consent of Marketing Italia s.r.l.s. In particular, it is not permitted to use data mining, robots or similar acquisition or extraction devices to extract (one or more times) to re-use any substantial part of any Marketing Italia s.r.l.s. services, without our express written consent. You cannot even create and / or publish your own database that reproduces substantial parts (eg prices and product lists) of the Marketing Italia s.r.l.s. Services without the express written consent of Marketing Italia s.r.l.s. and its suppliers.
ART. 8 – TRADEMARKS AND PATENTS
8.1) All graphics, logos, page headers, icon buttons, characters, and service marks included or made available through any of the Marketing Italia s.r.l.s. Services are trademarks, distinguishing marks or patents of Marketing Italia s.r.l.s. or its licensors, suppliers, publishers, owners or other service providers.
8.2) The trademarks, identification marks or patents of Marketing Italia s.r.l.s. can not in any way be used in relation to products or services that do not belong to Marketing Italia s.r.l.s., in such way that it generates confusion among customers or in any way that may denigrate or discredit Marketing Italia s.r.l.s., damaging its commercial reliability. All other trademarks or patents that are not owned by Marketing Italia s.r.l.s. and that appear on any of the Marketing Italia s.r.l.s. services are the property of their respective owners, being sponsored or reproduced by Marketing Italia s.r.l.s. on the basis of specific legally signed agreements.
ART. 9 – LICENSE TO ACCESS TO MARKETING ITALIA S.R.L.S. SERVICES
9.1) If you respect these Terms of Service and if you provide for the payment of any applicable tariff, Marketing Italia s.r.l.s. or its content providers grant you a limited, non-exclusive, non-transferable and non-sublicenseable license to access the Marketing Italia s.r.l.s. services and to the Marketing Italia s.r.l.s. software, making it a personal, exclusive and non-commercial use. This license does not include any right of resale or commercial use of each Marketing Italia s.r.l.s. service or its contents, nor the right to collect and use lists, descriptions or prices of products, make a derivative use of the Marketing Italia s.r.l.s. services or its contents, make any kind of download or copy of account information for the benefit of another reseller or use data mining, robots or similar data acquisition and extraction devices. Any rights not expressly granted by these Terms of Service remain in the hands of Marketing Italia s.r.l.s. or its licensors, suppliers, publishers, owners or other service providers.
It is not possible to reproduce, duplicate, copy, sell, resell, visit or in any other way use for any commercial or non-commercial use, even exclusively personal, Marketing Italia srls services, in whole or in part, without our express written consent. It is not possible to proceed with framing or using framing techniques to improperly take possession of any brand, logo or other proprietary information (including images, text, page settings, or format) of Marketing Italia s.r.l.s. in the absence of express written consent from us. You cannot use any meta tags or any other “hidden text” using the name or trademarks of Marketing Italia s.r.l.s., without the express written consent of us. You must not use, in any way, in an improper manner the Marketing Italia s.r.l.s. services.
9.2) You can use the Marketing Italia s.r.l.s. services exclusively within the limits established by law. The violation of the Terms of Service will result in the immediate and definitive withdrawal of the authorization or license issued by Marketing Italia s.r.l.s., with possible legal consequences both in civil and criminal proceedings.
10.1) In addition to these Terms of Service, the software (including any updates/upgrades or patching, and the associated documentation) which Marketing Italia s.r.l.s. offers to the User from time to time as part of the Marketing Italia s.r.l.s. services, is subject to the following terms.
Use of Marketing Italia s.r.l.s Software. You may only use Marketing Italia s.r.l.s. Software for the purposes of utilising Marketing Italia s.r.l.s. Services as set out in the Terms of service, as well as in the Terms of Service. You are not permitted to incorporate any part of of the Marketing Italia s.r.l.s. into your programmes or combine elements of it with your programmes. You may not transfer the Software Marketing Italia s.r.l.s. in any way in order to use it with another service, nor sell, rent out, lend, distribute or sub-license, nor alienate those rights connected to the Software Marketing Italia s.r.l.s. in any other way, either in whole or in part. You may not use the Software Marketing Italia s.r.l.s. for illegal activities. We will be entitled to cease to provide the Software Marketing Italia s.r.l.s. or withdraw your right to use the Software Marketing Italia s.r.l.s. at any time. Your right to use the Software Marketing Italia s.r.l.s. will be automtically withdrawn, without any prior notice from us, if there is any non-compliance on your part with the terms of this Article or the Terms of service or the Terms of Service.
The Software Marketing Italia s.r.l.s. may be subject to additional terms and conditions of third-parties, contained and distributed as part of Software Marketing Italia s.r.l.s. (or software incorporated into Software Marketing Italia s.r.l.s.) which are set out in the associated documentation. In the case of any conflict between those terms and conditions and the Terms of service, those additional terms will prevail. Any additional software used in the Marketing Italia s.r.l.s. Services are the property of Marketing Italia s.r.l.s, or of its software providers, and are protected by Italian, EU and International law as copyrighted material and intellectual property.
- Use of third-party services. When you use the Software Marketing Italia s.r.l.s., you may also use services provided by third parties, such as a wi-fi provider or a mobile phone platform. The use of services provided by third parties is subject to the rules, conditions of use and tariffs of those third parties, for whom Marketing Italia s.r.l.s. is neither directly nor indirectly responsible.
- No “reverse engineering”. You do not have permission to copy, modify, carry out “reverse engineering”, decompile, disassemble, or in any way interfere with the Software Marketing Italia s.r.l.s, wholly or in part, nor create works derived from the Software Marketing Italia s.r.l.s, nor encourage, assist or allow others to carry out such activities.
- In order to keep the Software Marketing Italia s.r.l.s up to date and performing well, we may provide automatic or manual updates at any time, without notice.
ART.11 – YOUR ACCOUNT
11.1) If you use Marketing Italia s.r.l.s Services, you must keep your account details and password private and limit access to your computer. You accept, within the limits set out by applicable laws, to be held responsible for any activity that is carried out using your account and password, without exception.
11.2) You undertake to independently take all necessary precautions in order to keep your password secret, undertaking also to inform us immediately if you have reason to believe that a third party is in possession of your password, or is able to use it without authorisation, or has already done so. You undertake to ensure that all information and documents you give to us are true and correct, and to communicate any change in such information to us via email. Marketing Italia s.r.l.s. is entitled to request further information about yourself or to request certificates and/or documentation for participation in some events.
11.3) Marketing Italia s.r.l.s. reserves the right to block access to the App, to suspend or close an account, or to remove or modify the contents of the App at our discretion, if there is any breach of applicable laws or of the Terms of Service.
11.4) When using the control panel and the services provided by the Society, the registered User is forbidden from sending marketing material without the consent of the recipient (spam). “Spam” includes publicity (for example emails meant to promote the products, services or image of a company) or personal communications which are sent automatically and without the consent of the recipient.
11.5) The registered User undertakes not to discredit the Society, not to disseminate false or defamatory information as regards the Society and the services provided by it, not to create obstacles for the Society or its Users, and to follow the other requirements set out in the terms and conditions of this Contract. You will be held responsible for having caused, or having risked causing any break down or interruption of services, or damage to Marketing Italia s.r.l.s. Services and its performance, for having acted out of a fraudulent or illegal motivation, or for having brought about any kind of disturbance or prejudice.
11.6) The registered User undertakes to respect all established laws for the use of the services provided by the Society and assumes all responsibility for loss or damage to Marketing Italia s.r.l.s. as a consequence of any abuse of the use of Marketing Italia s.r.l.s. Services.
ART. 12 – MARKETING ITALIA S.R.L.S. AND THIRD PARTY BUSINESSES
12.1) Marketing Italia s.r.l.s. does not accept any responsibility as regards the relationship between the User and third parties, neither for any contract drawn up between them nor for the execution of any such contract, and it does not work in any way as an agent or representative of these third parties.
ART. 13 – SERVICE AND MAINTENANCE
13.1) Our objective is to ensure that access to Marketing Italia s.r.l.s. Services is uninterrupted, 24/7, and that content works without errors. However, for technical reasons outside of our control caused by the nature of the Web, uninterrupted access and the absence of bugs or errors cannot be guaranteed. Moreover, access to Marketing Italia s.r.l.s. Services may be suspended or limited occasionally while repair, maintenance, patching or the introduction of new activities or services are being carried out. Marketing Italia s.r.l.s. will endeavour to limit the frequency and duration of these incidents where possible, working to guarantee an adequate notice period and a good length of time between these activities.
Marketing Italia s.r.l.s. will not be held responsible for any losses that are not a consequence of a breach on our part of these Terms of Service, or for any loss of gain (be it loss of earnings, benefits, contracts, savings, data, goodwill, or outlay) or for any other direct or indirect loss that could not have been reasonably foreseen, either by the User or by Marketing Italia s.r.l.s., when you began to use our Services.
ART. 14 – APPLICABLE LAWS AND JURISDICTION
14.1) These Terms of Service are regulated by, and must be read in the context of, Italian law, and the application of the United Nations Regulation on International Sales Contracts for the sale of Goods is expressly excluded. You accept, and we accept on our part, to submit to Italian jurisdiction, and in particular to the non-exclusive jurisdiction of the Court of Naples. As a consumer, you will be able to go before the Italian Courts or the Courts of any European Union member state of which you are a resident to bring a cause against these Terms of Service.
ART. 15 – CHANGES TO SERVICES AND CONDITIONS
15.1) We reserve the right to unilaterally alter the Marketing Italia s.r.l.s. Services and these Terms of Service at any time. You will be subject to the Terms of Service in force each time you use the Marketing Italia s.r.l.s. Services and/or you place an order, save that any legislative changes are not applicable retrospectively (in that case, they would be applied to any orders made previously). Marketing Italia s.r.l.s. will inform the User of any changes to these Terms, publishing any such information on the App. The commencement date of any new Terms is the date of publication on the App of such changes.
15.2) If the User does not agree to the changes set out, he must inform Marketing Italia s.r.l.s. by registered post within seven days from the date of publication of the changes, outlining each of his objections. If no such notice is received by Marketing Italia s.r.l.s. within seven days, the User will be deemed to have agreed to the changes to these Terms and Conditions.
ART. 16 – FORCE MAJEURE
16.1) The parties are not responsible for any failure to comply, either partly or wholly, with their obligations arising from this Contract, if such failure to comply is due to events of force majeure occurring after entering into this agreement (including natural disaster, war, military action of any kind, earthquake, hurricane etc.) which the parties could not have predicted or taken reasonable steps to avoid, arising from unforeseeable circumstances.
16.2) If one or other of the parties is unable, partly or wholly, to carry out its obligations under this contract due to such circumstances as described in clause 16.1, the terms of compliance of this agreement will be suspended for such period of time as these circumstances persist.
16.3) Each party has the right to terminate this agreement if circumstances of force majeure persist for longer than 12 months. In this case, neither party will be eligible for damages.
16.4) The party who is unable to fulfil their obligations under this agreement due to circumstances such as those referred to in clause 16.1 should immediately inform the other party, informing them of the nature of those circumstances and their potential impact on the obligations of this agreement.
ART. 17 – FAILURE OR REFUSAL TO ACT
17.1) If you do not comply with these Terms of Service, Marketing Italia s.r.l.s. reserves the right to take action against the registered User for failure to comply with the obligations assumed by him upon signing this Contract. Our failure to take action in such a case does not imply an intent not to act in any case on our part.
ART. 18 – MINORS
18.1) We do not sell products to minors. Any products presented by the App are only available for residents of countries where offering such products is allowed by law. If you are under 18 years of age in Italy, you cannot buy products from Marketing Italia s.r.l.s. In other cases, you will only be permitted to make purchases under the supervision or with the consent of a parent or guardian.
ART. 19 – ENTIRE AGREEMENT
19.1) This Contract supersedes all previous agreements, oral or written, existing between the parties to this agreement.
19.2) This Contract is to be interpreted in the context of Italian and EU law, and its practical usage. Any clause which is or becomes void, irrelevant or inapplicable does not affect the validity of any other clause of this Contract.
19.3) This agreement is made in favour of the contracting parties and is binding on them and their assignees.
Important Notice: providing false, misleading or inaccurate information when registering with the App “Naples Pass” may result in civil or penal consequences. For any questions, Marketing Italia s.r.l.s. recommends consulting a lawyer.
By registering or making any purchase, the registered User expressly agrees to having read, understood and approved, as per Artt. 1341 e 1342 c.c. of Italian law, clauses 2, 7, 8, 9, 10, 11, 12, 14, 15 e 19.