TOS (Term of Service and privacy policy)
TERMS OF USE FOR MOBILE APPLICATION developed by MAZZER LUIGI SPA.
WELCOME TO THIS MOBILE DEVICE APPLICATION (“APP”) DEVELOPED BY MAZZER LUIGI SPA, HEREINAFTER REFERRED TO AS THE “COMPANY”.
THE FOLLOWING TERMS OF USE (“TERMS OF USE”), ALONG WITH THE TERMS DEFINED IN THE PRIVACY NOTICE (“PRIVACY NOTICE”), AVAILABLE ON THE WEBSITE www.mazzer.com (SUBJECT TO PERIODIC CHANGE) ESTABLISH THE LEGALLY BINDING TERMS AND CONDITIONS AND REGULATE THE USE OF THE APP THESE TERMS OF USE ARE ANNEXED TO. PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE APP. BY PROVIDING YOUR CONSENT, REGISTERING, ACCESSING OR USING THE APP, OR BY DOWNLOADING ANY MATERIALS THROUGH THE APP, YOU ACCEPT TO COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT ACCEPT TO COMPLY WITH THESE TERMS OF USE, YOU SHOULD NOT GIVE YOUR CONSENT, REGISTER, ACCESS OR USE THE APP, OR DOWNLOAD ANY MATERIALS USING THE APP. YOU ARE REQUIRED TO KEEP TRACK OF ANY CHANGES BY REGULARLY ACCESSING THE LEGAL SECTION ON THE APP OR ON THE WEBSITE.
Access rights
The App is intended to be used by professionals or Companies. By registering, you confirm that you belong to one of these categories.
In compliance with these terms of use, you can download the version of the App published by the Company from a public application store, install it on your device, use the App and view the relevant Contents. This access type is exclusive and personal, i.e. it cannot be transferred to any third parties.
The Company authorises you to view the contents, which include, but are not limited to, software object code, photos, articles, videos, comments, likes, remarks, information and data generated, provided or made accessible by the Company otherwise or through the App, provided inside the App for commercial use by you only. This authorisation entails no transfer of the ownership of the Contents or of the copies thereof, and is subject to the following restrictions:
1) you must keep, on all the copies of the downloaded Contents, all the copyright notices and other proprietary notices included in the Contents;
2) you are not permitted to alter the Contents in any way, or to reproduce or display them in public, nor to perform, distribute, use or communicate the contents in question for any public or commercial purposes; and
3) You must not transfer the Contents to any other people unless they are made aware of, and accept, the obligations arising from these Terms of Use. You accept to comply with all the restrictions displayed on the App, which might be updated over time.
This App, including all the Contents, is covered worldwide by copyrights, as well as by the laws and by provisions contained in the copyright agreements. You accept to comply with all the copyright laws in force anywhere in the world when using the App, as well as to abstain from making any copies of the Contents without authorisation. With no prejudice to the explicit provisions contained in this documents, the Company does not grant you any express or implicit right in relation to any patents, designs, trademarks, copyrights or laws on business secrecy.
Access to other services
In compliance with these Terms of Use, the Company can offer the provision of services pursuant to these Terms of Use or to other terms (if specifically provided for), as described in detail in the App, and which are selected for you, for your exclusive use, and not for the use or benefit of any third parties. The services include, but are not limited to, the services that the Company provides to the user free of charge or on a subscription basis, even through third parties that provide the materials displayed or run in the App or through it.
Technical limitations
The different models of the routers and devices used to access the navigation or a Data Transmission Network could have firmware or settings that are not compatible with the App. From a commercial point of view, the Company undertakes to continuously develop the App to support the mobile devices commonly used in the markets where the App is distributed; the Company, however, does not guarantee that the App shall be compatible with all mobile devices or with other hardware. For the avoidance of doubts, it is your responsibility to pay the costs or expenses incurred by downloading and using the App, including the operator and roaming network tariffs. For further information, please refer to your service provider.
User account
You are required to open an account to access some restricted sections of the App. In this case you need to complete the registration process by providing comprehensive and accurate information, as declared in the applicable registration form. You shall also have to choose a password. You shall be fully responsible for ensuring the confidentiality of the password and of the account. You shall also be fully responsible for each individual activity carried out within the context of the above-mentioned account. You accept to immediately inform the Company of any unauthorised use of the account, as well as of any security breach. The Company shall not be liable for any losses suffered as a consequence of the unauthorised use of your password or of your account.
Guarantees by the user
You declare and guarantee that you shall use the App in compliance with these Terms of Use, including the Privacy Notice, the applicable laws and the future and current policies and regulations mentioned on the App. In addition, you declare and guarantee that (i) you are not in a country subject to U.S. government embargo or which has been defined by the U.S. government as a “terrorist supporting” country and (ii) you are not included in any list of people subject to prohibitions or limitations by the U.S. government. You agree that you shall not use the App to: (a) send spam or unsolicited communications; (b) pretend to be the Company or other persons; (c) create headers or anyway manipulate the identifiers to mask the origin of any contents transmitted through the App; (d) misrepresent your affiliation with a person or an entity; (e) act in such a way as to prejudice the ability of the other users to use the App; (f) engage in activities breaching the laws in force; (g) publish or transmit any materials infringing or breaching in any way the rights of other people, or materials that are illegal, abusive, defamatory, vulgar or anyway improper, or containing advertisements or solicitations to purchase any products or services; (h) collect or keep personal data on the other users, unless specifically authorised by the users in question, or (i) fail to comply with the withdrawal of the authorisation in question, with reference to point (h). If you do not accept to comply with the above provisions, you shall be unable to use the App. The Company reserves all its legal rights in relation to the breach in question.
Should these Terms of Use be breached, you shall be required to pay a compensation for the damages caused to the Company and to its affiliates as a consequence of your actions.
Changes and suspension
The Company reserves the right, at its sole discretion, to change, add or eliminate any of these Terms of Use, or part thereof, at any time. Changes to these Terms of Use shall become effective when the notification of the above-mentioned changes is posted on the App. The fact that you keep using the App after any changes to the Terms of Use shall be regarded as an implicit acceptance of the changes in question.
The Company can discontinue, modify, amend any errors or omissions in any part of the App, make other changes to the App, to the Contents and to the products, programs, services or prices (if any) described in the App, and suspend or discontinue any function of the App, including the availability of any App functions, at any time and without notice. The Company could also impose restrictions on certain functions and services, or limit the access to the App or to part thereof, without notice or liability. The Company could suspend the authorisation, the rights and the licence pursuant to the above at any time; should that occur, you shall be required to immediately destroy all the Contents.
The Company has no obligation to monitor the App or the contents sent in the App. The Company, however, reserves the right (i) to eliminate, suspend or modify the contents of the App, at its own discretion and at any time, including, but not limited to, your contents, without notice and for any reason (including, but not limited to, if it should receive any complaints or allegations from any third parties or authorities regarding your use of the contents, or if it should deem that you breached these Terms of Use), or without any reason and (ii) to eliminate, suspend or block your contents from the App. The Company, in addition, reserves the right to access, read, keep and disclose the information (but not the personal information) forwarded or available in the App, as deemed reasonably necessary by the Company to (i) comply with the applicable laws, regulations, legal proceedings or government requests, (ii) enforce the observance of these Terms of Use, including the investigation of any possible breaches, (iii) identify, prevent or otherwise fight any frauds or technical or security issues, (iv) answer any support requests by users or (v) protect the rights, the property or the security of the Company, of its users and of the public.
Acknowledgement of the Intellectual Property Rights
You acknowledge that all the intellectual property rights (including, but not limited to, copyrights, patents, know-how, confidential information, database rights and trademark and design rights, whether registered or not) in the App are the property of the Company or of the patent holder. All the goodwill and intellectual property rights arising from the use of these intellectual property rights granted to the Company are the property of the Company.
App updates
These Terms of Use do not grant you the right to receive any App updates or upgrades, or maintenance releases, patches, remedies, extensions or enhancements (jointly hereinafter referred to as the “Updates”) developed at any time in the future by the Company or by its providers or licensees. The Company may provide Updates and/or support. If procured by the Company, the Updates may be provided automatically, or you may be informed when a new Update is ready to be installed, or when the Updates in question are ready to be downloaded. You authorise the Company to automatically provide the Updates, if deemed necessary by the Company to ensure the operating continuity of the App or for any other commercial purpose. Your use of the Updates shall be regulated by these Terms of Use, unless you are requested to accept new or additional terms when downloading or installing the Updates. You accept that you may have to stipulate a revised version of these Terms of Use if you wish to download, install or use a new or changed version of the App.
Personal data and other information provided by you
The Company wishes to help you take the necessary measures to protect your privacy and information. Please read our Privacy Notice to understand which kind of information we collect from the App and the measures we take to protect your personal information.
You should not send any confidential or proprietary information to the Company through the App. You accept that any information or materials you (or the people acting on your behalf) communicate to the Company shall not be regarded as confidential or proprietary. By providing the information or materials in question (including ideas, concepts or know-how) to the Company, through the App or by any other means, you grant to the Company and to its affiliates a worldwide, non-exclusive, royalty-free, fully paid-up, permanent and irrevocable licence to: (a) use, reproduce, alter, change, display, create derivative works, communicate to the public and distribute the information or materials in question, and to otherwise fully exploit the information or materials in question in relation to the App and to the activity of the Company (and of its successors and assigns), including, but not limited to, for the promotion and redistribution of the App, or of part thereof (and of the relevant derivative works) or of the services, in any format and through any channel mentioned above (including, but not limited to, websites and third-party feeds), in compliance with these Terms of Use and with the Privacy Notice; (b) allow people to support the Company in the execution of the tasks mentioned at point (a); and (c) sub-licence the rights granted at point (a) to any person. You grant each user of the App and/or of the relevant services a non-exclusive licence to access your information through the App, and to use, reproduce, alter, change, display, create derivative works, communicate to the public and distribute information or materials related to the App. For the sake of clarity, the granting to the Company of the above-mentioned licence does not affect the other property or licence rights on your information or materials, including the right to grant additional licences on the material, unless otherwise agreed upon in writing with the Company.
The Company reserves the right to track and report your activity in the App, in anonymous form, to its external statistical service providers.
Security
You are not allowed: (a) to use any device or software which can interfere with the App operation; or (b) to perform any action placing an excessive or disproportionately large burden on the App infrastructure (like mass e-mailing – “spam”), or (c) to interfere with or alter any part of the App software or its operation. This includes entering into the App any material infected by viruses, Trojan horses, time bombs or other items that could damage the App’s programming structure or interfere with it. You accept not to disrupt, or try to disrupt in any way, the App operation.
Websites and third-party contents
These Terms of Use only apply to the relation between you and the Company. The Company may provide, within the App, some links to websites managed by third parties. The Company does not monitor or review these third-party websites or the contents available therein; in addition, the Company is not responsible for the accuracy or reliability of any third-party websites or contents. If you use the third-party websites, you exit the App and you are required to comply with the applicable conditions set out by the third parties in question. Should you visit any third-party websites, you do it at your own risk, and are responsible for taking all the measures required to protect yourself from viruses or other destructive items. The Company provides no guarantee or representation regarding any linked third-party sites, or regarding their information and contents, or regarding the products and services described therein. Links to third-party websites do not imply that the Company or the App sponsor, support, are affiliated or associated with or are legally authorised to use trademarks, trade names, logos or copyright symbols displayed or accessible through the links, or that any third-party websites are authorised to use any trademarks, trade names, logos or copyright symbols of the Company or of any of its affiliates.
Push notifications
The App may send you some push notifications as part of its normal operation. You can disable push notification from the application settings.
Advertisements
The App may send advertisements and promotions of the Company and of its affiliates, or of third parties. You can disable the advertisements in the settings. The App, however, is supported by advertising, and if you prefer not to receive the advertisements, the App shall necessarily be disabled.
Third-party software
To the extent that the App contains any third-party software, the terms accompanying the software in question shall apply in addition to these Terms of Use, and the third parties in question shall benefit from these terms.
Exclusion of implicit guarantees
Although it has strived to ensure the accuracy of the information contained in the App, the Company assumes no responsibility. CONTENTS COULD INCLUDE INACCURACIES, TYPOS AND OTHER FAULTS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPREHENSIVENESS OF THE CONTENTS OR THE RELIABILITY OF ANY SUGGESTIONS, OPINIONS, STATEMENTS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APP. YOU ACKNOWLEDGE THAT YOU RELY ON THESE OPINIONS, SUGGESTIONS, STATEMENTS, MEMORANDUMS OR OPERATIONS AT YOUR SOLE RISK. ALL CONTENTS ARE PROVIDED “ON AN AS-IS BASIS” AND “AS AVAILABLE”. THE COMPANY EXPRESSLY REJECTS ALL DECLARATIONS OR GUARANTEES OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL GUARANTEES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT, OR ALL GUARANTEES REGARDING THE APP OPERATION OR ITS CONTENT. THE COMPANY DOES NOT PROVIDE ANY GUARANTEES OR REPRESENTATIONS REGARDING THE SECURITY OF THIS APP. YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SEND COULD BE INTERCEPTED. THE COMPANY DOES NOT GUARANTEE THAT THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE OR THE ELECTRONIC COMMUNICATIONS SET BY MAZZER LUIGI SPA OR BY THE APP ARE FREE FROM VIRUSES OR OTHER HARMFUL ITEMS. ALL THE ABOVE DECLARATIONS, GUARANTEES AND CONDITIONS ARE EXCLUDED, EXCEPT IN CASE THE LAW SHOULD FORBID THEIR EXCLUSION.
Limitation of liability
THE COMPANY AND ITS BENEFICIARIES SHALL NEVER BE LIABLE FOR ANY LOSSES, DAMAGES OR INJURIES OF ANY KIND, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR FINANCIAL LOSSES, FOR LOSS OF CONTRACT, INCOME OR DATA, FOR DISRUPTION OF INFORMATION OR FOR DISRUPTION OF BUSINESS) ARISING FROM, DERIVING FROM OR ASSOCIATED WITH THE USE, OR THE IMPOSSIBILITY TO USE THIS APP OR ITS CONTENTS, OR RELATED TO THESE TERMS OF USE, EVEN THOUGH THE COMPANY AND ITS BENEFICIARIES HAD BEEN INFORMED THAT THE DAMAGES IN QUESTION COULD OCCUR. WITH NO LIMITATION TO THE FOLLOWING GENERAL CONCEPTS, THE COMPANY AND ITS BENEFICIARIES EXPRESSLY REJECT ALL LIABILITY FOR ANY LOSSES, DAMAGES OR INJURIES RESULTING FROM THE USE OF THE APP WITH A DEVICE CONNECTED VIA WIFI, SMS, BLUETOOTH OR ANY OTHER CONNECTIVITY TECHNOLOGY. IN ADDITION TO THE ABOVE TERMS OF USE, IN NO CASE SHALL THE COMPANY AND ITS BENEFICIARIES BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER FAULTS, OR FOR ANY UNTIMELY OR NON-GENUINE INFORMATION CONTAINED IN THIS APP. THE COMPANY THIS PARAGRAPH REFERS TO CANNOT BE HELD LIABLE, UNLESS THE APPLICABLE LAWS FORBID THE EXCLUSION IN QUESTION. SHOULD EXEMPTION FROM LIABILITY BE FORBIDDEN OR LIMITED PURSUANT TO THE APPLICABLE LAWS, THE COMPANY AND ITS BENEFICIARIES REJECT THE LIABILITY IN QUESTION TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, INCLUDING THE EXEMPTION FROM LIABILITY FOR DIRECT AND INDIRECT DAMAGES, AND ANYWAY ALWAYS ASSUMING THAT YOU HAVE TAKEN ALL THE REASONABLE MEASURES TO REDUCE THE LOSS ARISING FROM ANY CLAIM OR LEGAL ACTION (FOR NEGLIGENCE, INFRINGEMENT OF CONTRACT OR OTHER) YOU MAY BRING AGAINST THE COMPANY. IN ANY CASE, ANY LEGAL ACTION YOU MAY BRING WITH REGARD TO THE USE OF THE APP MUST START WITHIN ONE (1) YEAR OF THE FILING OF THE CLAIM OR OF THE LEGAL ACTION.
Notices
All reference to “written”, “notices” and “notifications” and all similar expressions refer to the electronic communication media (like e-mail), provided that the party relying on the communication in question keeps acceptable evidence of the fact that the communication has actually been sent; the communication, therefore, shall be regarded as having been received, unless there are any clear indication that it was not received.
Severability clause
Should a court of the competent jurisdiction find, for any reasons, that any provision contained in these Terms of Use, or part thereof, is not applicable, the provision in question shall be applied to the maximum permitted extent, to affect the purpose of these Terms of Use, and the remaining part shall remain fully effective.
Language
You accept that the translation of these Terms of Use is provided for convenience, and only the Italian versions of the Terms of Use regulate your relation with the Company. In case of discrepancies between the Italian version of these Terms of Use and the translated version, the Italian version shall be binding and prevail.
Regulations in force
To the extent permitted by the consumer rights provided for by the law, the use of this App and these Terms of Use are regulated by the Italian laws, and the regulations on law conflict shall not apply.
Third-party beneficiary
You and the Company acknowledge that Apple Inc., Google Inc. and their subsidiaries are the third-party beneficiaries of these Terms of Use. To this purpose, you and the Company acknowledge not having any obligation (a) to provide any maintenance and support services in relation to the App, (b) to manage any claims by you or by any third parties regarding the App or your possession and/or use of the App; or (c) to compensate you for any claims by third parties or liabilities for the App operation.
