Terms and Conditions APP Taste Travelers – Vagabondi del Gusto

TERMS AND CONDITIONS

Owner PROMEDIAMAX S.r.l., in the person of the Legal Representative

Address Via Otto Marzo, 12 – 58015 – Orbetello (GR) (Registered office)

Email: app@vagabondidelgusto.com

APP The Taste Travelers-Vagabondi del Gusto

This document contains the general terms and conditions on the basis of which the use of the APP is offered to users and further details for and on the participating companies.

The Taste Travelers-Vagabondi del Gusto

offers the service to get in touch with companies (Wineries, typical products Companies and Restaurants, pizzerias, trattorias and the like) that are members and present in the APP, in order to book a visit to the company, book a table at the restaurant, view the products and services advertised by the various companies present in the APP.

The user is put in direct contact with all the companies participating in the initiative, by telephone, e-mail and instant chat with WhatsApp.

  1. Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:

Owner: PROMEDIAMAX S.r.l., with registered office in via Otto Marzo, 12, 58015 – Orbetello (GR) – email: app@vagabondidelgusto.com

Application: APP The Taste Travelers – Vagabondi del Gusto

Products and / or services: the products provided to the user by the Owner and the goods and / or services provided through the Application by a third party supplier.

User: any person who accesses and uses the Application

Third Party Supplier / Adhering Companies: the natural or legal person, other than the Owner, who offers the Products through the Application by acting in the exercise of their own commercial, craft or professional entrepreneurial activity

Contents: any textual or multimedia element present on the Application, by way of example ads, advertisements, reviews, images, etc.

  1. Relations between Owner, Third Party Provider and Users

The Application hosts a platform managed by the Owner that allows users interested in the Products offered by the Owner and the Third Party Supplier to be put in contact.

When the Products are offered by Third Party Suppliers, the Owner is not part of the relationship that will be established exclusively between Users and Third Party Suppliers and does not assume any liability arising from the relationships established between them, having to be considered as a mere technical manager of the Application. Therefore, any contract entered into between Third Party Suppliers and Users is not the subject of these Conditions.

  1. Scope of the Conditions

The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other notes, legal notices, disclosures published or referred to therein, he will not be able to use the Application or the

related services. The Conditions can be changed at any time. The applicable Conditions are those in force at the time of use of the APP. Before using the Application, the User is required to carefully read the Conditions and to save or print them for future reference. The Owner reserves the right to change at its discretion, at any time even after the User has registered, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating the relevant instructions to the User, where necessary.

  1. Purchase or supply request through the Application

Through the APP it is possible to view the services and products offered by the member companies; moreover, it is possible to contact the companies of interest directly to take advantage of the services and products offered, by establishing a contractual relationship with the company itself. The App has only the function of a showcase and an intermediary between the offering company and the interested user also through the TAP function.

All the Products offered through the Application are described in detail in the relevant product pages. There may be some errors, inaccuracies or small differences between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element. Purchases and / or requests for supply are allowed to natural persons only on condition that they are of age. For minors, any purchase and / or request for the supply of Products through the Application must be screened and authorized by parents or parental responsibility operators. The offer of Products and / or services through the Application constitutes an invitation to offer and the order sent by the User will be valid as a contractual proposal for the purchase and / or request for supply, subject to confirmation and / or acceptance by the member company as described below. Therefore, the participating company will have, at its sole discretion, the right to accept or not the User’s order without the latter being able to object or complain about anything for any reason and / or reason. The contract for the sale or supply of the Products is concluded with the acceptance by the participating company of the User’s contractual proposal. The adhering company will accept the User’s contract proposal in the manner it will agree directly with the user.

  1. Registration

To take advantage of the features of the Application, Users must register by providing, in a truthful and complete manner, all the data requested in the relevant registration form and fully accept the privacy policy and the Conditions. The User has the duty to keep their login credentials which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third parties have access to them and a

immediately inform the Data Controller in the event that he suspects or becomes aware of an improper use or undue disclosure of the same. The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Data Controller harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by part of the User of the rules on registration to the Application or on the conservation of registration credentials.

  1. Account cancellation and termination

The registered User can stop using the Application at any time and deactivate his account or request its cancellation through the Application interface (‘delete profile’ button), if possible, or by sending a written communication to the address

email app@vagabondidelgusto.com

The elimination of personal data takes place via the ‘delete profile’ button, present on the personal ‘user profile’ page, after registration.

In case of violation by the User of the Conditions or the applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.

  1. Subscription

The Application offers subscription products for participating companies. The characteristics and methods of subscription are detailed in the individual contracts signed.

For users, the use of the APP is free.

  1. Copyright and trademarks

Texts, images and any other multimedia content present on the site is the property of the OWNER or licensed to the same. All the distinctive signs used within the site belong to the OWNER or to their respective owners or licensees, who have granted the OWNER the right of use, limited to the publication of the same on the site. No part of the site (including texts, images and any other multimedia content) may be reproduced or retransmitted without the specific written authorization of the OWNER, except for personal non-transferable use. Use for any unauthorized purpose is expressly prohibited by law.

  1. Disclaimer of Warranty

The Application is provided “as is” and “as is available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the needs of Users and / or participating companies or that will never have interruptions or will be free of errors or that will be free of viruses or bugs. The Owner will endeavor to ensure that the Application is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period. . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or for events of force majeure.

  1. Limitation of Liability

The Owner cannot be held responsible to the User and / or the participating companies, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.

The Owner will also not be responsible for damages, losses and costs suffered by the User and / or participating companies as a result of the non-execution of the contract for reasons not attributable to him.

The Data Controller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, as it does not in any way come into contact with the payment data used (number of credit cards, cardholder name, password, etc.)

The Owner will not be responsible for:

  • any loss of business opportunity and any other loss, even indirect, possibly suffered by the User and / or participating companies that are not a direct consequence of the violation of the contract by the Owner;
  • incorrect or unsuitable use of the Application by Users or third parties.
  1. Force majeure

The Owner cannot be held responsible for the failure or delayed fulfillment of his obligations, due to circumstances beyond the reasonable control of the Owner due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of his will. .

The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.

The Owner will carry out any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.

  1. Link to third party sites

The Application may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications. Some of these links may refer to third party sites / applications that provide services through the Application. In

in these cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to the individual services, for which the Owner assumes no responsibility.

  1. Privacy

The protection and processing of personal data will take place in accordance with the Privacy Notice, present on the APP.

  1. Acceptance of terms and conditions

By joining the service, the User declares to accept these Terms, governed by the legislation of the Italian Republic.

As regards the contractual relationships between the member companies and the owner, in addition to the details in this document, please refer to the individual contracts stipulated between the parties.

In the event of a dispute, the current legislation is Italian and the competent court is that of Grosseto.

Date 19/04/2021

 

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