Here below are described the terms and conditions at which Lorenzo Greco offers to its Users the access to its available services on the Application MyLibretto.
To allow a full understanding and acceptance of these terms and conditions, the following terms shall have the meanings as indicated below and it should be stated that the same meaning refers both to singular and plural uses:
By using the Application, the user accepts the conditions and undertakes to comply. If not the user is not allowed to use the Application.
The Holder shall modify or update, in whole or in part, these Conditions. The User acknowledges that any changes to these Conditions shall apply to the orders sent by the Users after the date of notice of the changes to the Conditions. Thus, the User is invited to examine the Conditions upon every access to the Application and it is advisable to print a copy of the Conditions for future reference.
The Holder allows the User to use the Application only for personal use, excluding any use of a different type. It is prohibited, in particular, the commercial use of the Application, its functionalities and contents.
It is prohibited to use “deep link,” “page-scrape,” “robot,” “spider” or other devices, programs, methods or automatic algorithm, or manual processes, to access, get, copy or monitor any part of the Application and its content, or to bypass in any way the navigation and the presentation of the Application and its contents, for any purpose.
The Application offers in-app purchases that unlock different features described in a section of the Application. Purchases are handled via Google Play or iTunes app store. Terms and conditions of the stores can be found at https://play.google.com/intl/it_it/about/play-terms.html and https://www.apple.com/legal/internet-services/itunes/it/terms.html.
Purchases of one or more Products on the Application are permitted both to Users who qualify as Consumers, as well as to Users who do not qualify.
According to Article 3, paragraph I, sub-paragraph a) of Legislative Decree 206/2005 (the “Consumer Code”), Consumers are defined as natural persons who, in the purchase of the Products, act for purposes not related to their entrepreneurial, trading, professional or artisanal activities.
Natural persons may only purchase the Products if they have reached the age of eighteen. The Holder undertakes to describe and to present the Products sold on the Application to the best of his abilities. Nonetheless, some mistakes, inaccuracies or minor differences between the Application and the actual Product may occur.
The Holder retains the right to change, at any time, the price of the Products. It shall be understood that any changes will not apply to contracts already concluded before such modifications.
The selling prices of the Products include VAT, if due; any other tax borne by the User will be displayed prior to order confirmation.
The User undertakes to pay the price of the purchased Products in the times and methods indicated in the Application and to communicate all the data necessary to make the correct supply of the Products possible.
The Application makes use of payment services provided by third-parties and it does not receive nor process any payment details provided by Users (credit card number, name of holder, pin, etc.).
In the event that the above third-party payment services refuse to authorise a payment, the Holder will not be able to provide the Products and may not be held responsible for any delay or failure in their delivery.
Billing operations are handled by the store that is selling the product. For more informations it is possible to refer to terms of use of Google Play or iTunes app store.
A digital Product is any good in digital format not provided on a material medium.
The Holder shall provide the Product (digital products and/or services) to the User through the method and within the term chosen by the User or indicated in the Application or in the order confirmation.
The User acknowledges and approves to lose the right of withdrawal on supply of digital Products through a non material medium if the delivery has already started with express agreement of the consumer and the approval of the loss of the right of withdrawa.
If the User will incur in some issues after the purchase, he can contact the Holder by sending an email to lorenzogapp@gmail.com.
The User may upload contents, informations, ads or listings on the Application(hereinafter the “Contents” or individually the “Content”), , provided that the Content is not illegal (that is: obscene, threatening, defamatory, pornographic, abusive, or in any way illegal, or violates the privacy, intellectual property and / or industrial rights of the Holder and / or of third parties) or does not otherwise harm the Holder and / or third parties, or is not regrettable or at least does not contain viruses, political campaigning, commercial solicitation, mass e-mails or any other form of spamming.
The User is totally and exclusively responsible for the use of the Application (to be understood with regard to the functions of publication, consultation, content management and contact between Users) and is therefore the only guarantor and manager of the assets and services offered as well as the correctness, completeness and legality of the Contents and of their behavior in the context of the contact between Users.
In case of publication of ads, the User guarantees the availability and / or ownership of the good / service object of the ads themselves. The User also guarantees that their advertisements do not infringe any copyright or industrial property rights or other third-party rights. In the event of a dispute by third parties regarding any ad or conduct related to it, the User assumes full responsibility and undertakes to keep the Holder harmless and harmless from any damage, loss or expense.
The Holder, though not able to ensure tight control of the Contents received, reserves the right to delete, move, and edit those Contents that, upon its discretion, appear abusive, defamatory, obscene or in breach of copyright and trademarks, and in any case unacceptable for the Holder. The use of violent language will lead to immediate suspension and expulsion from the Application.
Users acknowledge and accept that any Content uploaded to interact with the Application (for instance, in order to post comments, express opinions, participate in surveys and initiatives, send pictures or videos or audio files) can be amended, removed, published by the Holder. The User grants the Holder with an unlimited right, free from geographical restrictions, of non-exclusive use on the Content. The Holder may, therefore, directly or through third parties of its choice, use, copy, transmit, extract, publish, distribute, publicly perform, distribute, create derivative works of, host, index, store, record, encode, modify and adapt (including the unlimited right to adapt for the transmission by any means of communication) in any form or by any means now known or to be invented in the future, every Content (including images, messages, also video and audio messages) uploaded by the User, even through third parties.
It is strictly forbidden, unless expressly authorised by the Holder:
With regard to the Content, the User waives any economic or moral copyright also with respect to the changes made by the Holder to such Content, even in case such changes are not appreciated or accepted by the same author.
The Content uploaded will not be returned and will remain property of the Holder who is therefore exempted from any responsibility to the Users for the loss or destruction of such Content.
The User ensures that the Contents are sent to the website through his personal account and exclusively by adults. For minors, the Content must be screened and approved by those exercising parental authority.
The Holder declares to be the holder and / or licensee of all intellectual property rights related and / or referring to the Application and / or the materials and Contents available on the Application.
These Terms do not grant the User any license to use the Application and / or the individual Contents and / or the materials available therein. Any other use or reproduction of the Application or material or content included therein is strictly prohibited.
All trademarks, names and figurative or other signs, trade names, service marks, word marks, trade names, pictures, images, and logos appearing on the Application are and remain the exclusive property of the Holder, or its licensors, and are protected by applicable trademark laws and relevant international treaties.
Any attempt to reproduce the explanatory texts and contents included in the Application, if not authorised, will be considered as a violation of the industrial and intellectual property right of the Holder.
The Application is provided “as is” and “as available” and the Holder does not provide any express or implied warranty in relation to the Application, nor provides any guarantee that the Application will meet the needs of Users, or that it will work without interruption, free of any error or virus or bug.
The Holder will work to ensure that the Application will be available 24 hours a day without interruptions, but may never be held liable if, for any reason, the Application may not be available and / or not operative at any moment or period in time. Access to the Application may be temporarily suspended and without notice in case of a system failure, maintenance or repair works or for reasons totally beyond the Holder’s control or due to causes of force majeure.
The Holder shall not be responsible towards the User, excepting fraud or gross fault, for disservices or malfunctioning in relation to the internet network, which are not under its control or the control of its sub-suppliers.
The Holder shall not be responsible for damages, losses or costs suffered by the User after the failed execution of the contract for reasons not attributable to the Holder. The User shall only have the right to the reimbursement of the price and accessory charges already paid.
The Holder shall not be responsible for the fraudulent or illicit use by third parties of credit cards, checks and other payment methods, at the moment of the payment of the purchased services, whether the Holder proves the adoption of cautionary measures on the basis of the knowledge and experience available at the time and on the basis of ordinary diligence.
The User agrees to indemnify and hold harmless the Holder (as well as any company or subsidiary, including its representatives, associates, consultants, directors, agents, licensees, partners and employees) from any obligation or responsibility, including any legal expenses incurred for trial defence, that may arise from damage caused to other Users or third parties, concerning any Content uploaded online, any violation of the law or any terms of the present Terms.
Therefore, the Holder shall not be liable for:
Under no circumstances the Holder will be liable for an amount exceeding twice the cost paid by the User.
The Holder shall not be held responsible in case of failure or delayed execution of duties, caused by circumstances which are not under the reasonable control of the Holder due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, events beyond the control, e.g. breakdowns or interruptions to telephone or electrical lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications. The fulfilment of the duties by the Holder shall be suspended for during the aforesaid events.
The Holder shall implement any action within its power to identify the solutions that would allow the fulfilment of its duties regardless of the continuation of the force majeure events.
The Application may contain links to third party websites. The Holder has no power over these websites and therefore is not, in any way, responsible for their contents.
Some of these links may relate to websites of third parties that provide services through the Application. In these cases, the individual services will be regulated by the general terms for the use of the website and services provided by such third parties, in respect of which the Holder assumes no responsibility.
No waiver by either parties to an article of the present Terms shall be effective unless it is expressly stated to constitute a waiver and is communicated in writing.
If any of the provisions contained herein shall result unlawful or invalid, it will not be considered any more as part of the Terms, without affecting the enforceability of the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
The protection and processing of personal data will be pursued in accordance with the Privacy Policy, which can be found on the following page https://lorenzogreco.com/apps/myLibretto/privacy_policy_en.html
These Terms and any dispute concerning the interpretation, performance, validity of this contract shall be submitted to the exclusive jurisdiction of the Court where the Holder has its registered office.
If the User is a consumer as defined under Article 3 of the Consumer Code, the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, has mandatory territorial jurisdiction, with no prejudice to the consumer User’s entitlement to bring proceedings in courts other than the “place of jurisdiction of the consumer” pursuant to Article 63 of the Consumer Code, in charge for the area according to one of the criteria set out in Articles 18, 19 and 20 of the “Codice Processuale Civile” (“Civil Procedure Code”).
Any Consumer who resides in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by Consumers to solve, via a non-judicial route, any dispute relating to and / or arising from contracts of sale of goods and services entered into online. As a result, Consumers may use the aforementioned platform for the resolution of any dispute arising from the online contract entered into with the Holder. The platform is available at the following link: http://ec.europa.eu/consumers/odr/
Date: 15/04/2018