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leggimenu.it

Terms and Conditions

Premises and Definitions

A) These Terms and Conditions of Use (hereinafter referred to for brevity as the “Conditions” or the “Agreement”) govern the provision of services provided by LEGGIMENU S.r.l., with registered office in 00135 Rome (RM), Via Contigliano n. 16, Tax Code/VAT No. 17002501009, email for communications [email protected] (hereinafter referred to for brevity as the “Provider” or “leggimenu”). B) Unless otherwise provided in these Conditions and in addition to the other definitions contained in other parts of the same, the terms used with a capital letter will have the meaning indicated below:

 

“Account” means the set of User identification Data that allows access to the Reserved Area and the Services available therein.

 

“Reserved Area” means the computer environment made available by the Provider for a specific Manager User implying the possibility for the latter to access certain Services (e.g., Menu Generation Service).

 

“Subscription Fee” refers to the fee that the Manager User must pay to purchase one or more Extensions for a certain period of time and/or to be able to use the Services reserved for the Premium Manager User.

 

“Third-Party Components” refer to all software components, such as libraries, functions, classes, objects, frameworks, software, interface elements and/or interfaces, themes, etc., that are released to the public based on free licenses and/or proprietary licenses.

 

“Activation Confirmation” refers to the document sent via email communication and/or through pop-up alerts and/or other computer tools, by which leggimenu communicates to the Manager User the successful completion of the Registration process.

 

“Contents” refer to any and all music, sound elements, photographs, images, videos, messages, or other material, including Data, uploaded by the Manager User during the use of the Services (e.g., when generating a Digital Menu).

 

“Account” refers to a set of products and/or services chosen by the Consumer User from those present in a Digital Menu.

 

“Fees for the PSP Connection Service” refer to a fixed fee of 0.25 euros per transaction and a variable fee of 0.45% on the transaction amount.

 

“Authentication Credentials” refer to the username and password through which the Manager User is able to access the Services offered by leggimenu via the Reserved Area.

 

“Data” refer to any and all information, also relating to an identified or identifiable natural person, such as name, surname, email address, telephone number, address.

 

“Rights” refer to any and all rights arising from a patent, trademark, utility model, design, copyright, or other industrial and/or intellectual property right, including the right to one’s name, personal image, and privacy of personal data, honor, reputation, decorum, as well as commercial reputation.

 

“Rights on leggimenu Software” refer to all the Rights concerning the leggimenu Software, expressly including the exclusive rights provided by law 22 April 1941, n. 633 and subsequent amendments and integrations, and in particular, by art. 64-bis et seq. of the same law. By way of example and therefore, without any claim to completeness, fall within the Rights on leggimenu Software, the exclusive right of reproduction, execution, uploading, processing, adaptation, translation, distribution, public dissemination, of distribution of processed and/or modified and/or adapted versions concerning the leggimenu Software.

 

“Extensions” refer to the specific functionalities and/or advantages further specified in the dedicated section of the Site (https://www.leggimenu.it/extensions/) that allow the Manager User to extend the functionalities of the Menu Generation Service.

 

“Confidential Information” includes all documents, information, know-how, and/or materials of a confidential nature and/or classified as confidential related to the Provider of which the Manager User becomes aware for any reason connected with the execution of this Agreement, such as, by way of example and therefore, without any claim to completeness, all performances, features, configurations, development plans, security reports. However, information disclosed by the Manager User with the prior written authorization of the Provider, or in compliance with a legal or regulatory provision or an order given by a competent Authority, will not be considered confidential.

 

“Digital Menu” refers to the menu that the Manager User can generate and make available for consultation by Consumer Users on the Public Page whose URL will be embedded in a specific QR-CODE.

 

“Public Page” refers to the section of the Site that will contain information related to the Manager User and their activity, and if generated, the Digital Menu. The Public Page will be freely accessible by network users.

 

“Parties” refer to the Provider, on one hand, and the User, on the other.

 

“Reference Period” has the meaning set forth in art. 3-bis.1.

 

“Payment Service Provider” refers to the third party(Stripe Inc.) that provides the Manager User with the necessary computer infrastructure for executing electronic payments by Consumer Users.

 

“Registration” refers to the computer procedure through which the Manager User is enabled to enjoy the Services offered by the Provider through the Site by creating an Account. For the successful outcome of the Registration, the Manager User will be invited to provide some Data.

 

“Services” include all the functionalities that leggimenu offers to Users and include, among others, the following:

  • “Assistance Service”, which allows the User to request assistance from the Provider on the use of the Services, through one or more channels, as shown on the Site from time to time;
  • “Digital Menu Consultation Service”, a free service that allows the Consumer User to consult a Digital Menu;
  • “Public Page Creation Service”, involves the automatic creation, at the end of the Registration, of a Public Page related to the Manager User;
  • “Menu Generation Service”, which allows the Manager User to generate a Digital Menu that will be published on the Public Page (possibly in a Subdomain, if the Manager User has activated the relevant Service) whose address will be embedded in a QR-CODE that can be consulted by Consumer Users;
  • “PSP Connection Service”, which allows – through the Payment Service Provider – the Manager User: (a) to register an account with the Payment Service Provider to receive payments from a Consumer User (“PSP Account”); (b) to connect their PSP Account to their active Account on the Site; (c) to allow the Consumer User to make payment for one or more Accounts through the services of the Payment Service Provider. By way of example, through the PSP Connection Service, the Manager User can receive – through the Payment Service Provider – a payment for an Account.
  • “Order Service”, a free service that allows the Consumer User to make a reservation: for one or more products present in a Digital Menu, for takeaway; for one or more products present in a Digital Menu, for on-site consumption; for one or more products present in a Digital Menu, for home delivery. It is specified that: (i) in case the Manager User is a Premium Manager User, the Consumer User can make payment for the products directly to leggimenu through the Site; (ii) in case the Manager User is not a Premium Manager User, the Consumer User can make payment for the products only to the Manager User.
  • “Reservation Service”, a service that allows the Consumer User to make a reservation for a table at the premises of the Premium Manager User

“Website” refers to the version of the leggimenu Software developed for the web and accessible through the website https://www.leggimenu.it/.

 

“leggimenu Software” refers to the set of instructions, classes, codes, libraries, objects, functions, schemes, style sheets, icons, functional and/or graphic interfaces, underlying the Services and, therefore, refers to the computer program underlying the Services, including functional and graphic interfaces, exclusively owned by the Provider and on which the Provider holds all the rights indicated in arts. 64-bis et seq. of Law no. 633 of April 22, 1941, and subsequent modifications, except for the rights of third parties on Third-Party Components.

 

“Subdomain” refers to a third-level domain that will be associated with the Reserved Area of a specific Premium Manager User;

 

“User” refers to the subject, natural or legal person, who wants to use the Services offered by the Provider through the Site. Users are distinguished into Manager User and Consumer User.

 

“Manager User” refers to that particular category of User who, after completing the Registration Procedure, is enabled to use the Services offered by the Provider.

 

“Premium Manager User” refers to that particular category of User who, after paying one or more Subscription Fees, will be able to use specific advanced Services (such as, for example, the Table Reservation Service).

 

“Consumer User” refers to that particular category of User who intends to access the products offered by Manager Users and will be able to access the Services, to the extent that they have been activated by Manager Users (e.g., if the Manager User has not enabled any advanced function, the Consumer User will only be able to access the Digital Menu Consultation Service of that specific Manager User; in the case of Premium Manager Users, the Consumer User will be able to access the Services that have been activated by that specific Premium Manager User.

 

“Identity Verification” refers to the procedure consisting of sending a unique link to the email address indicated by the Manager User as part of the Registration Procedure. The Manager User, in order to definitively enable their Account, will have to click on the aforementioned link.

 

C) The User is expressly informed and acknowledges and agrees that regardless of the mode of use of the Order Service and Reservation Service, the contractual relationship regarding the products is always established between Manager User and Consumer User. Therefore, leggimenu is and remains extraneous tothe performance of the said contractual relationship, which takes place outside its sphere of control.

1. Premises and Definitions

1.1 The Premises and Definitions constitute an integral and essential part of these Conditions.

 

1.2 The Definitions indicated in these Terms have the same meaning (except for the number) when used in the plural and vice versa.

2. Modification of Terms and Conditions

2.1 leggimenu reserves the right to update and/or modify these Conditions at any time at its discretion, and in any case, when updates and modifications are necessary to respond to legislative or regulatory changes that impact the provision of Services or to introduce additional security measures related to the Services themselves.

 

2.2 leggimenu also expressly commits to making the updated version of the Conditions available on the Site. The updates and modifications referred to in art. 2.1 will be communicated to the Manager User via email or equivalent means.

 

2.3 It is expressly understood that modifications and/or updates will have retroactive effect only in the case where such retroactive effect is imposed by legislative measures and/or by bodies or administrative, governmental, or judicial authorities. In all other cases, the updates and modifications will be considered tacitly accepted by the Manager User unless they send a written communication to the Provider – in the manner that will be indicated by the latter and in any case within the following 15 days – containing the declaration of the Manager User’s wish not to accept the updates and modifications in question and to withdraw from the contractual relationship existing between the Parties.

3. Terms of Service. Subject of the Contract. Payments

3.1 leggimenu provides Users with Services as described in more detail in the Definitions. The Manager User is informed that to use some Services, it will be necessary to pay the relevant Subscription Fee(s).

 

3.2 To use the Services, the User is required to access the Internet, equipping themselves with all tools that allow access, thus bearing all fees and/or costs associated with such access, including those related to Internet connection, exclusively.

 

3.3 Specifically, for the use of the Services, the Manager User commits to:

  • create their own Account on the Site by entering the Data requested by leggimenu during the Registration process, ensuring its update, completeness, and truthfulness, considering that the aforementioned Data will be visible on the Public Page;
  • promptly and continuously update their Data so it remains current, complete, and truthful;
  • pay the Subscription Fee(s) if intending to purchase one or more Extensions and/or to use specific Services.

3.4 While not legally obliged to any control duty, leggimenu reserves the right to periodically verify the accuracy of the Manager User’s Data, with express authorization to rectify the Manager User’s billing Data where possible (e.g., if it is possible to retrieve updated billing Data from publicly accessible sources) and, in the case of proven irregularities and/or inaccuracies, also reserves the right to withdraw from this Contract without notice, consequently disabling the said Manager User’s access to the Site.

 

3.5 The Provider and the Manager User, regarding the commencement of the Contract’s effects, acknowledge and agree that leggimenu’s provision of Services to the Manager User is subject to the completion of the Registration process. Consequently, the contractual relationship begins upon the User’s receipt of the Activation Confirmation. The Provider and the Consumer User, regarding the commencement of the Contract’s effects, acknowledge and agree that these provisions will take effect from the use of the Services provided by the Provider through the Site. However, it is understood between the Parties that, until the successful Identity Verification, some functionalities may only be temporarily available or unavailable.

 

3.6 It is expressly understood between leggimenu and the Manager User that:

  • in all cases where the latter decides to pay the Subscription Fee, the payment must be made respecting the conditions, including time, agreed with leggimenu;
  • in case of delay in the payment of each individual Subscription Fee, the discipline of the following art. 10 will apply, and in more serious cases, that of art. 11.

3.7 The Consumer User is expressly informed and acknowledges and agrees that:

  • following the consultation of a Digital Menu activated by a specific Manager User, the available actions will depend on the specific Services activated by the latter;
  • some Personal Data of the Consumer User may be communicated to the Manager User if required by the nature of the Services requested by the same Consumer User (e.g., if using the Reservation Service, the Consumer User’s personal Data will be communicated to the Manager User to allow the latter to register the reservation made);

3.8 The Manager User acknowledges and agrees that, upon completion of the Registration phase, a Public Page will be automatically generated and activated – regardless of the use of the Menu Generation Service – with the Data entered by the Manager User themselves during Registration.

 

3-bis.1 The Manager User acknowledges and agrees that, if they have purchased one or more Services subject to a Subscription Fee through the means made available by leggimenu, the following additional conditions apply:

  • the Services will be available for a predetermined period (monthly, yearly, etc., based on the preferences expressed by the Manager User) (the “Reference Period”);
  • the Subscription Fee paid by the Manager User will be associated with the use of the selected Services for a Reference Period;
  • if the Manager User does not cancel the subscription using the automatic tools available on their Account, the Services will be automatically renewed for an additional Reference Period, and leggimenu will be expressly authorized to charge the amount of the relevant Subscription Fee on the payment instrument indicated by the Manager User at the time of purchase (e.g., credit card)

3-bis.2 In relation to the PSP Connection Service, the Manager User acknowledges and agrees that: (i) payment services are offered by the Payment Service Provider and are outside the control of leggimenu; (ii) payment services are subject to the fees established by the Payment Service Provider; (iii) the PSP Connection Service is subject to the application of Fees for the PSP Connection Service; (iv) by using the PSP Connection Service, the Manager User declares to have carefully reviewed the terms and conditions on the Payment Service Provider’s website to know the fees applied for the use of their services; (v) the Payment Service Provider will automatically apply its commission to every payment made by a Consumer User and will also retain the Fees for the use of the PSP Connection Service; (vi) the amounts received by the Manager User in their bank account will, therefore, be “net” of the commissions applied by the PaymentService Provider and charge the Fees for the use of the PSP Connection Service, as follows:

  • a fixed amount of 0.25 euros (zero/25) for each payment made by a Consumer User;
  • an additional amount of 0.45% of the value of each payment made by a Consumer User.

4. Obligations of the User Manager

4.1 The Managing User undertakes to diligently safeguard the Authentication Credentials, which constitute confidential data for which the Managing User is the sole and exclusive responsible party, also in regard to the activities carried out through their use.

 

4.2 Therefore, the Managing User commits to:

  • perform the automatic procedure available on the Site for the restoration of the Authentication Credentials;
  • send a suitable written communication to leggimenu in any case where the Managing User has reasonable evidence that unauthorized third parties have come into possession and/or are misusing the Authentication Credentials.

4.3 It is expressly forbidden for the Managing User to transfer, under any title, the Authentication Credentials to third parties, or in any way allow third parties access to the Site, assuming, exclusively, every and any responsibility ensuing.

 

4.4 It is understood that leggimenu cannot, in any way, be held responsible for any harmful or detrimental consequences arising from:

  • the incorrect use, loss, theft, and/or compromise of the confidentiality of the Authentication Credentials;
  • the failure of the Managing User to send the communication provided for under art. 4.2, sub-paragraph (b);
  • the violation of the obligations established in the preceding article 4.3;
  • unauthorized interactions with other Users;
  • the termination of this Agreement by third parties and not by the Managing User (e.g., through unauthorized access to the Site);
  • unauthorized modifications and/or updates of the Data.

4.5 The Managing User also expressly undertakes to:

  • publish Content (e.g., photos) within the Menu Generation Service (e.g., photos of the products and/or location) for which they have intellectual property rights and/or usage rights and are able to prove, upon simple request by leggimenu, such availability;
  • act with integrity and good faith in interactions with other Users;
  • treat the personal data of third parties (including the personal data of other Users) in compliance with the applicable privacy legislation.

4.6 The User, notwithstanding the above, commits to accessing the Site and/or using the Services in full compliance with applicable laws and, in any case, agrees not to use them for any purpose contrary to those permitted by the Provider, including, but not limited to:

  • uploading, publishing, transmitting, and/or spreading, in any manner or form, illicit, illegal, or prohibited Contents, or Contents associated with any type of illicit, illegal, or prohibited content, as well as messages and/or materials using obscene, blasphemous, pornographic, racist language or, in any case, defamatory towards other Users and/or subjects, individuals or legal entities, as well as Contents for which they are not the legitimate holder or for which they have not obtained the required authorizations;
  • violating any third-party Rights, including rights to the image, name, decorum, honor, and reputation, including commercial reputation;
  • spreading or disclosing Contents, or Contents associated with any type of Contents and/or material preordained to the commission of illicit activities, including, merely by way of example and not exhaustively, the incitement to violence and/or the commission of crimes of any nature;
  • transmitting viruses and/or other computer tools that may compromise the integrity and/or security of computer equipment (malware, trojan horses, etc.);
  • reporting and spreading links to websites where any of the prohibited activities mentioned above are carried out;
  • improper behavior in any interactions with other Users;
  • engaging in activities anyhow related to spamming and/or any type of unwanted interaction with other Users. In particular, the Managing User expressly commits not to send commercial communications to Consumer Users, unless these have previously expressed their consent to receiving commercial communications from the Managing User when using one and/or more specific Services (e.g., when using the Reservation Service).

4.7 The Managing User, without prejudice to the inalienable rights possibly recognized by the current legislation on personal data protection, grants leggimenu a free, perpetual, and non-exclusive license to use on the Site, on its own pages, groups, and social profiles, as well as in promotional and/or advertising campaigns of leggimenu on newspapers, television, radio, internet, and/or on any other offline and/or online communication channel, aimed at promoting leggimenu, the Services and/or new services and/or products, the following Data: a) Managing User individual: name, surname, reviews/feedback related to leggimenu and/or the Services; b) Managing User legal entity: name, brand.

 

4.8 The Managing User may transfer the Account to third parties exclusively by following the automatic procedure available on the Account, consisting of entering a new email address. leggimenu will then proceed with a new Identity Verification and give the owner of the new email address the opportunity to confirm and/or modify the Data entered in the Account. Once this procedure is completed, the transferring party will no longer have any title, right, reason, and/or claim on the Account in question and declares to have no demands against leggimenu for any and/or every right, reason, and/or claim directly and/or indirectly related to the Account being transferred and/or to the relationships between the same transferring party and the third-party transferee.

 

5. License of use

5.1 Subject to compliance with these Terms, leggimenu grants the User a personal, free of charge (except for functionalities for which the payment of a Subscription Fee is necessary), non-exclusive, and non-transferable license to use the leggimenu Software solely for the purpose of accessing the Services, for the specific purposes of each type of User.

 

5.2 Notwithstanding the above stated in art. 5.1, leggimenu reserves all rights not expressly granted by this license. By way of example and not limitation, therefore, the User may not, either directly or indirectly: a) distribute, license, sublicense, rent, lease, sell, or transfer the leggimenu Software; b) reverse engineer, decompile, disassemble, or attempt to discover the source code of the leggimenu Software; c) modify, alter, or create derivative works from the leggimenu Software; d) remove, alter, or obscure copyright, trademarks, or other notices related to intellectual or industrial property rights on the leggimenu Software; e) use third-party software to modify the leggimenu Software; f) provide, host, facilitate, connect to, or use private servers, emulators, or other tools that allow the use of the leggimenu Software outside of the Site, and/or in ways not permitted by the Provider; g) extract, even through the use of automated systems (e.g., crawlers), the data underlying the Services (e.g., data relating to Consumer Users); h) distribute and/or make available to the public the leggimenu Software and/or its data and/or any Confidential Information.

 
 

6. Intellectual Property and Confidentiality Obligation

6.1 The User acknowledges that all rights on the leggimenu Software, along with those related to graphic motifs, interfaces, as well as any distinctive signs, are the exclusive property of leggimenu and expressly commits not to reproduce, modify, alter, remove, move, transfer, license, or distribute them to third parties.

 

6.2 The User expressly undertakes, even after the termination or cessation, for any reason, of the effects of this Agreement, to keep confidential any Confidential Information regarding leggimenu of which they may become aware during the execution of this Agreement.

 
 

7. Warranty Exclusion and Limitation of Liability

7.1 The leggimenu Software is released without a guarantee of functioning (“as is”), regarding all possible applications and uses. Therefore, the User agrees with the Provider and accepts that the leggimenu Software may contain errors (by way of example, but not limited to: failed data loading; malfunctioning in whole or in part (crash), problems of adaptation to the design for which the resolution of graphic assets is inadequate to provide a “retinalike” user experience, unavailability of the Services due to traffic spikes and/or technical issues of the servers used by the Provider, etc.).

 

7.2 Subject to the application of any mandatory legal provisions, the Provider does not provide and does not recognize any warranty for original or subsequent defects, makes no promise of quality, good operation, or suitability for a particular purpose or result regarding the leggimenu Software and does not guarantee that the Services will meet the User’s needs.

 

7.3 Consequently, subject to the application of any mandatory legal provisions, any and all rights to refunds, compensation, and/or damages, direct and indirect, tangible and intangible, potential, current, future, punitive (by way of example, but not limited to: damages for loss of profits, goodwill, use, data), to persons and/or things, connected or in any way arising from the use of the leggimenu Software and/or the enjoyment of the Services are excluded.

 

7.4 As also specified in the Preamble C), the Parties recognize and agree that any and all relationships, interactions, connections between Users that may arise as a result of using the Services (e.g., the provision of a dinner at a Managing User’s venue, booked by a Consumer User through the Digital Menu Consultation Service) will occur outside the sphere of control of leggimenu and, therefore, any and all rights to refunds, compensation, and/or damages, direct and indirect, tangible and intangible, potential, current, future, punitive (by way of example, but not limited to: damages for loss of profits, goodwill, use, data) suffered by a Managing User or a User in relation to any and all relationships, interactions, connections between Users that may arise as a result of using the Services including those arising from the execution and/or incorrect execution and/or non-execution of payments through the Payment Service Provider (by way of example, any liability of leggimenu is excluded if a payment made by a User fails or if there are errors in relation to the execution of one or more payments).

 

7.5 In relation to any Content uploaded by the Managing User in the course of using the Services (particularly, uploading photographic Content concerning dishes and/or locations), notwithstanding the commitment made by the Managing User under the previous section 4.5 letter a), the Managing User is informed that leggimenu does not control the information entered by the Managing User themselves, acting merely as a hosting provider in relation to said information. In this regard, the Managing User is expressly informed that:

  • leggimenu, as an alternative to uploading the Managing User’s Content, offers the possibility to use stock Content that has been released to the public with licenses that allow its free use;
  • should the Managing User decide to upload their own Content, leggimenu reiterates the need for the Managing User to verify in advance the usability regime of the said Content. In this regard, the Managing User is expressly informed that Content found on search engines such as “Google”, “Bing”, and similar, are not automatically usable, but it is necessary to preliminarily verify their origin and the regime of applicable rights;
  • leggimenu will not carry out any preliminary control activity, being, to date, technically impossible to automatically verify the usability regime of the Content uploaded by the Managing User;
  • should any third parties send disputes to leggimenu regarding the presence of Content uploaded without authorization by the Managing User, notwithstanding the indemnity regime of the subsequent article 8, the Managing User expressly accepts that leggimenu may temporarily disable access to the disputed Content and the discipline of the subsequent article 10 will apply, and in more serious cases, that of article 11;

7.6 It is also understood from now that the Provider is exempt from any and/or all liability in the event that the placement on any search engines (e.g., Google, Bing, etc.) of the Public Page and/or the link to the Digital Menu should be higher than that related to the Managing User’s site.

 

7.7 Regarding the PSP Connection Service, the Managing User acknowledges and agrees that leggimenu merely provides the electronic links to allow the Consumer User to make payment for one and/or more Bills through the services offered by the Payment Service Provider. Therefore, any and/or all rights to refunds, compensation, and/or damages, direct and indirect, tangible and intangible, potential, current, future, punitive (by way of example and not limited to: damages for the loss of profits, goodwill, use, data), to persons and/or things, connected or in any way arising from the use by the Managing User of the PSP Connection Service or by the User who has made the payment of a Bill through the aforementioned functionalities are hereby excluded.

8. Indemnification

The User – without prejudice to the Provider’s right to claim compensation for any damages suffered – declares and guarantees to indemnify and hold the Provider, as well as its affiliates or controlled entities, its representatives, employees, and any of its partners harmless from any and all possible harassment, disturbance, claim, or legal action, initiated or threatened, by other Users and/or third parties, connected or in any way arising from the use of the Services, including the possible violation of third-party Rights, intervening and defending, where necessary, in any related proceedings.

9. Termination

9.1 It is hereby communicated that the Managing User may terminate this Agreement at any time, without penalty, by using the Account deactivation procedure available on the Site.

 

9.2 In the event of termination of this Agreement in accordance with the provisions of the preceding article 9.1, leggimenu commits to proceed, as soon as possible and, in any case, within no more than 30 (thirty) days following the definitive cancellation: i) of the Managing User’s Account; ii) of all personal Data associated with the Managing User. It remains understood that, notwithstanding the inalienable rights possibly recognized by the current legislation on personal data protection, the license referred to in art. 4.8 will continue to be valid and effective.

 

9.3 In case of termination of this Agreement in accordance with the provisions of the preceding article 9.1, leggimenu and the Managing User declare and agree that the Managing User waives any and all forms of refund, compensation, damages connected with the Subscription Fees paid.

 

9.4 It is hereby communicated that leggimenu may terminate this Agreement at any time, without stating the reasons and without penalty, by notifying the Managing User via email to the address indicated at the time of Registration. In case of termination by leggimenu, the provisions set out in the preceding article 9.2 shall apply.

 

9.5 In the event of termination of this Agreement in accordance with the provisions of the preceding article 9.4, leggimenu and the Managing User declare and agree that leggimenu will not return to the Managing User any part of the Subscription Fee that the latter will not be able to use.

 

9.6 It is understood that if the termination referred to in the preceding article 9.1 occurs within ten days from the purchase of an Extension or, in any case, within ten days from the payment of a Subscription Fee, leggimenu will proceed to refund the price of the Extension and/or the amount of the Subscription Fee, net of the fees incurred for payment services.

10. Suspension of Service Use

10.1 The Provider, also pursuant to Article 1460 of the Italian Civil Code, reserves the right to suspend, in whole or in part, even without notice, excluding any indemnity, refund, and/or compensation, the Managing User’s access to the Services in the following cases:

  • there are founded reasons to believe that the Services are being used by unauthorized third parties;
  • changes, interventions, and/or maintenance on the Site that prove necessary for security reasons or to ensure better functionality of the Site;
  • the Managing User is involved, for any reason, in any judicial or extrajudicial dispute of a civil, criminal, or administrative nature, and in any case, where such dispute arises or is in any way connected with the use of the Services;
  • disputes and/or requests of any kind from competent authorities;
  • in case of suspected violation by the Managing User of the obligations set out in Articles 4.1, 4.2, 4.3, 4.5, 4.6, 4.7, 5, 6, 7.4, 7.5.

10.2 In any case of suspension of the Managing User’s access to the Site and/or Application attributable to the latter, the Provider’s right to claim compensation for any damages incurred is preserved.

 

10.3 In the cases referred to in Articles, 10.1 letters (a), (b), (e), leggimenu will communicate the immediate suspension of the Services, via email, to the address indicated by the Managing User at the time of completing the Registration process. The suspension will, therefore, have immediate effect. However, the Managing User will have the opportunity to send their observations in writing to leggimenu via email to the address indicated on the Site. leggimenu commits to providing a written response within the following 30 (thirty) days. In any case, the remedies set out in the subsequent Article 14 are preserved for the Managing User.

 

10.4 In the cases referred to in Article 10.1 letters c), d), leggimenu will communicate the suspension of the Services, via email, to the address indicated by the Managing User at the time of completing the Registration process. The suspension will take effect 30 (thirty) days after sending the above communication. The Managing User will have the opportunity to send their observations in writing to leggimenu at the email address indicated on the Site. leggimenu commits to providing a written response within the following 30 (thirty) days. In any case, the remedies set out in the subsequent Article 14 are preserved for the Managing User.

 
 

11. Express Termination Clause

Notwithstanding the provisions set forth in Articles 9 and 10, in the event of repeated breaches of the obligations referred to in Articles 4.1, 4.2, 4.3, 4.5, 4.6, 4.7, 5, 6, 7.4, 7.5, or in case of serious breach of the obligations mentioned in the cited articles, the Provider may terminate the Agreement between the Parties using the methods and with the effects indicated in Article 1456 of the Italian Civil Code.

12. Privacy

The Provider declares that the personal data provided by the User will be processed in compliance with the Privacy Policy available during the Registration phase for the Managing User, as well as in a specific section of the Site for all Users.

13. Miscellaneous

13.1 This Agreement contains in its entirety the agreements made between the Parties and cancels and replaces any previous understanding on the same subject. Any additional agreement or derogation from what is contained herein must be made in writing by the Parties and signed by them.

 

13.2 The potential invalidity or unenforceability, according to the Italian legal system, of any of the provisions contained in this Agreement will not nullify or compromise the validity or effectiveness of the remaining contractual provisions with respect to each of the Parties.

 

13.3 This Agreement does not create corporate or associative bonds between the Parties and does not imply any representation relationship between them, whereby no Party will have the right to act in the name and on behalf of the other Party.

 

13.4 The User may not assign this Agreement, in whole or in part, nor any of the rights arising from it, without the prior written consent of the Provider. Any assignment made without the Provider’s prior written consent will be null and void. The Provider reserves the right to transfer and/or assign this Agreement, in whole or in part (including individual rights or obligations), under any title, provided that the rights of the User set forth herein are not prejudiced.

 

13.5 The Provider’s failure to exercise any of the rights and powers deriving from these Conditions shall not in any way constitute a waiver of them, being considered as an act of mere tolerance.

 

13.6 Identifying data of the Provider: LEGGIMENU S.r.l., with legal headquarters at Via Contigliano n. 16, 00135 Rome (RM), Tax Code/VAT No. 17002501009, email for communications [email protected];

14. Applicable Law and Competent Court

14.1 Except as otherwise explicitly and mandatorily provided by law, this contractual relationship is governed by Italian law.

 

14.2 Users are informed that any dispute relating to the validity, existence, interpretation, application, execution, and/or resolution of one or more clauses of this Agreement, or in any way deriving from it, is subject, within the limits of the amount provided by current legislation (decree law of September 12, 2014, No. 132, coordinated with the law of conversion of November 10, 2014, No. 162), to the assisted negotiation procedure, as a condition of proceeding with any legal action (for more information, consult the legal text on the website http://www.normattiva.it).

 

14.3 Users are also informed that for any dispute relating to the validity, existence, interpretation, application, execution, and/or resolution of one or more clauses of this Agreement, or in any way deriving from it, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree No. 28/2010.

 

14.4 Pursuant to and for the purposes of Article 14 of EU Regulation No. 524/2013, we finally provide the link for access to the EU’s ODR (Online Dispute Resolution) platform https://webgate.ec.europa.eu/odr/main/?event=main.home.show which can be used exclusively by Users who qualify as consumers, as defined in Legislative Decree No. 206/2005.

 

14.5 The Parties expressly agree that for any dispute relating to the validity, existence, interpretation, application, execution, and/or resolution of one or more clauses of this Agreement, or in any way deriving from it, in the case that it involves a Managing User, the Court of Rome shall have exclusive territorial jurisdiction, while, in the case the dispute involves a Consumer User, the judge of the place where the latter resides or is domiciled shall have jurisdiction.

In accordance with Articles 33 et seq. of Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”), the Consumer User expressly approves, after having carefully read it, the content of the following clauses:

4.7 (Limitations in the Use of Service Channels); 5 (License of Use); 6 (Intellectual Property and Confidentiality Obligation); 7 (Exclusion of Warranty and Limitation of Liability); 8 (Indemnification); 13.4 (Prohibition of Assignment of the Agreement); 13.5 (tolerance clause)

In accordance with Articles 1341-42 of the Civil Code, the Manager User expressly approves, after having carefully read it, the content of the following clauses:

2 (Amendment of Terms and Conditions); 3.4 (right of withdrawal for leggimenu); 3.7 (penalty clause); 3-bis (Automatic Renewal of Subscription Fees); 4.3 (Prohibition of Assignment of Authentication Credentials to third parties and exclusion of liability for leggimenu); 4.4. (Exclusion of liability for leggimenu); 4.7 (Limitations in the Use of Service Channels); 5 (License of Use); 6 (Intellectual Property and Confidentiality Obligation); 7 (Exclusion of Warranty and Limitation of Liability); 8 (Indemnification); 9.3 (withdrawal by the Manager User and waiver of paid Subscription Fees); 9.4 and 9.5 (right of withdrawal for leggimenu); 10 (Suspension of Use of the Website and/or Application); 11 (express termination clause); 13.4 (Prohibition of Assignment of the Agreement); 13.5 (tolerance clause); 14.5 (exclusive forum)

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