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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 offered by LEGGIMENU S.r.l., with registered office in 00135 Rome (RM), Via Contigliano no. 16, Tax Code/VAT no. 17002501009, email for communications info@leggimenu.it (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 hereof, the terms used with capital letters shall have the meaning indicated below:

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

“Reserved Area” means the IT 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” means the fee that the Manager User must pay to purchase one and/or more Extensions for a specific period of time and/or to use the Services reserved for Premium Manager Users.

“Recovery Code” means the alphanumeric code you’ll find in your Reserved Area. You must use it if the Manager User does not have the Authentication Credentials.

“Third-Party Components” means all software components such as, by way of example and not limited to, libraries, functions, classes, objects, frameworks, software, interface elements and/or interfaces, themes, etc., released to the public under free and/or proprietary licenses.

“Activation Confirmation” means the document, sent via email and/or through alert pop-up and/or other digital tools, by which leggimenu informs the Manager User of the successful completion of the Registration procedure.

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

“Order” means a set of products and/or services selected by the Consumer User from those listed in a Digital Menu.

“Fees for the PSP Connection Service” mean a fixed fee of €0.25 per transaction and a variable fee of 0.45% of the transaction amount.

“Authentication Credentials” means the username and password by which the Manager User is enabled to access the Services provided by leggimenu through the Reserved Area.

“Data” means any information, including that relating to an identified or identifiable natural person, such as, by way of example and without any claim to completeness, name, surname, email address, phone number, and address.

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

“Rights to the leggimenu Software” means all Rights concerning the leggimenu Software, expressly including the exclusive rights provided for by Law no. 633 of April 22, 1941, as amended, and in particular, Articles 64-bis and following of the same law. By way of example only and without limitation, these Rights include the exclusive right to reproduce, execute, load, process, adapt, translate, distribute, publicly communicate, and distribute modified and/or adapted versions of the leggimenu Software.

“Extensions” means the specific functionalities and/or benefits detailed in the relevant section of the Website (https://www.leggimenu.it/estensioni/) that allow the Manager User to extend the functionalities of the Menu Generation Service.

“Confidential Information” means all documents, information, know-how and/or materials of a confidential nature and/or marked as confidential related to the Provider that the Manager User has become aware of in any way in connection with the performance of this Agreement, such as, by way of example only, all features, configurations, development plans, and security reports. However, information disclosed by the Manager User with prior written authorization from the Provider or in compliance with legal, regulatory, or competent authority requirements will not be considered confidential.

“Digital Menu” means the menu that the Manager User can generate and make available for Consumer Users to view on the Public Page, whose url will be embedded in a dedicated QR-CODE.

“Public Page” means the section of the Website containing information about the Manager User and their business and, if generated, the Digital Menu. The Public Page is freely accessible online.

“Parties” means the Provider on one side and the User on the other.

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

“Payment Service Provider” means the third party (Stripe Inc.) that provides the IT infrastructure required to process electronic payments by Consumer Users.

“Registration” means the digital procedure through which the Manager User is enabled to access the Services offered by the Provider through the Website by creating an Account. To complete the Registration, the Manager User will be required to provide certain Data.

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

  • “Support Service”, means the Service that allows the User to request assistance from the Provider regarding the use of the Services, via one or more channels, as shown from time to time on the Website;
  • “Digital Menu Viewing Service”, means the free Service that allows the Consumer User to view a Digital Menu;
  • “Public Page Creation Service”, means the automatic creation, at the end of the Registration, of a Public Page related to the Manager User;
  • “Menu Generation Service”, means the Service that allows the Manager User to generate a Digital Menu to be published on the Public Page (potentially in a Subdomain, if the relevant Service is active), the address of which will be embedded in a QR-CODE accessible by Consumer Users;
  • “PSP Connection Service” means the Service that 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 Website; (c) to allow the Consumer User to make payment for one or more Orders through the services of the Payment Service Provider. For example, through the PSP Connection Service, the Manager User may receive – via the Payment Service Provider – a payment for an Order.
  • “Order Service”, means the free Service that allows the Consumer User to place an order:
    • for one or more products in a Digital Menu, for take-away;
    • for one or more products in a Digital Menu, for on-site consumption;
    • for one or more products in a Digital Menu, for home delivery.

It is specified that: (i) if the Manager User is a Premium Manager User, the Consumer User may make payments for the products directly to leggimenu through the Website; (ii) if the Manager User is not a Premium Manager User, the Consumer User may only make payments to the Manager User.

  • “Booking Service” means the Service that allows the Consumer User to reserve a table at the Premium Manager User’s venue

“Website” means the web version of the leggimenu Software, accessible via the website https://www.leggimenu.it/.

“leggimenu Software” means all instructions, classes, code, libraries, objects, functions, schemas, stylesheets, icons, functional and/or graphic interfaces, underlying the Services, and therefore refers to the overall software program on which the Services are based, including functional and graphic interfaces, exclusively owned by the Provider and on which the Provider holds all rights as per Articles 64-bis and following of Law no. 633 of April 22, 1941, as amended, except for third-party rights on Third-Party Components.

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

“User” means the individual or legal entity intending to use the Services offered by the Provider through the Website. Users are divided into Manager Users and Consumer Users.

“Manager User” means that specific category of User who, upon completion of the Registration Procedure, is enabled to use the Services offered by the Provider.

“Premium Manager User” means that specific category of User who, after paying one or more Subscription Fees, will be able to access advanced Services (e.g., the Table Booking Service).

“Consumer User” means that specific category of User who wishes to access the products offered by the Manager Users and can access the Services within the limits activated by the Manager Users (e.g., if the Manager User has not enabled any advanced function, the Consumer User may only access the Digital Menu Viewing Service of that specific Manager User; in the case of Premium Manager Users, the Consumer User may access the Services enabled by that specific Premium Manager User).

“Identity Verification” means the procedure involving the sending of a unique link to the email address provided by the Manager User during the Registration Procedure. The Manager User must click on the aforementioned link to definitively activate their Account.

C) The User is expressly informed and acknowledges and agrees that, regardless of the methods of using the Order Service and Booking Service, the contractual relationship concerning the products is always established between the Manager User and the Consumer User. Therefore, leggimenu is and remains uninvolved in the performance of said contractual relationship, which takes place outside its sphere of control.

1. Premises and Definitions

1.1 The Preamble and Definitions form an integral and essential part of these Conditions. 1.2 The Definitions provided in these Conditions shall 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 sole discretion and, in any case, when such updates or modifications are necessary to comply with legislative or regulatory changes affecting the provision of the Services or to introduce additional security measures related to the Services themselves. 2.2 leggimenu also expressly undertakes to make the updated version of the Conditions available on the Website. The updates and modifications referred to in Art. 2.1 will be communicated to the Manager User by email or equivalent means. 2.3 It is expressly understood that the modifications and/or updates shall have retroactive effect only if such retroactive effect is imposed by legislative measures and/or by administrative, governmental, or judicial authorities. In all other cases, the updates and modifications shall be deemed tacitly accepted by the Manager User unless the latter sends a written communication to the Provider – following the procedures indicated by the latter and, in any case, within 15 days – expressing the Manager User’s intention not to accept the updates and modifications in question and to terminate the contractual relationship in place between the Parties.

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

3.1 leggimenu provides Users with the Services described in the Definitions. The Manager User is informed that in order to use certain Services, payment of the relevant Subscription Fee and/or related Subscription Fees will be required. 3.2 To access the Services, the User must access the Internet and obtain all tools necessary for such access, thereby bearing – exclusively – all fees and/or costs associated with such access, including Internet connection costs. 3.3 In particular, for the purpose of using the Services, the Manager User agrees to:
  1. create their own Account on the Website by entering the Data required by leggimenu during the Registration procedure, ensuring that such Data is current, complete, and truthful, also considering that the aforementioned Data will be visible on the Public Page;
  2. promptly and consistently update their Data to ensure it is always current, complete, and truthful;
  3. pay the Subscription Fees if they wish to purchase one or more Extensions and/or use specific Services.
3.4 Although not legally obliged to perform any checks or controls, leggimenu reserves the right to verify and periodically check the accuracy of the Manager User’s Data, with express authorization to correct billing Data where possible (e.g., when updated billing Data is available from public sources). In the case of proven irregularities and/or inaccuracies, leggimenu also reserves the right to terminate this Agreement without notice and consequently disable the Manager User’s access to the Website. 3.5 The Provider and the Manager User acknowledge and agree that the provision of Services by leggimenu to the Manager User is subject to the successful completion of the Registration process. Consequently, the contractual relationship shall begin upon receipt by the User of the Activation Confirmation. The Provider and the Consumer User acknowledge and agree that these provisions shall take effect from the moment the Services made available by the Provider through the Website are used. However, it is understood that, until successful Identity Verification, some features may only be temporarily available or unavailable. 3.6 It is expressly understood between leggimenu and the Manager User that:
  1. in all cases where the latter decides to pay the Subscription Fee, the payment must be made in accordance with the conditions, including time constraints, agreed with leggimenu;
  2. in case of late payment of any individual Subscription Fee, the rules under Art. 10 shall apply and, in more serious cases, those under Art. 11.
3.7 The Consumer User is expressly informed and acknowledges and agrees that:
  1. following the consultation of a Digital Menu activated by a specific Manager User, the available actions will depend on the specific Services enabled by the latter;
  2. some Personal Data of the Consumer User may be shared with the Manager User if required by the nature of the requested Services (e.g., if the Booking Service is requested, the Consumer User’s Personal Data will be shared with the Manager User to allow them to record the booking).
3.8 The Manager User acknowledges and agrees that, upon completing the Registration phase, a Public Page will be automatically generated and activated – regardless of the use of the Menu Generation Service – containing the Data entered by the Manager User 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 provided by leggimenu, the following additional terms shall apply:
  1. the Services will be available for a fixed predetermined period (monthly, yearly, etc., based on the Manager User’s selection) (the “Reference Period”);
  2. the Subscription Fee paid by the Manager User will be associated with access to the selected Services for the Reference Period;
  3. if the Manager User does not cancel the subscription via the automatic tools available in their Account, the Services will be automatically renewed for an additional Reference Period, and leggimenu will be expressly authorized to charge the Subscription Fee to the payment method provided by the Manager User at the time of purchase (e.g., credit card).
3-bis.2 Regarding the PSP Connection Service, the Manager User acknowledges and agrees that: (i) payment services are provided by the Payment Service Provider and are beyond the control of leggimenu; (ii) payment services are subject to the fees imposed by the Payment Service Provider; (iii) the PSP Connection Service is subject to the application of the 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 published on the Payment Service Provider’s website to understand the applicable fees; (v) the Payment Service Provider will automatically apply its commission to each payment made by a Consumer User and will also withhold 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 Payment Service Provider and the Fees for the PSP Connection Service, as specified below:
  • a fixed amount of €0.25 (zero/25) for each payment made by a Consumer User;
  • an additional amount equal to 0.45% of the value of each payment made by a Consumer User.
3-bis.3 leggimenu reserves the right, but not the obligation, to send communications to Users in the following cases: (a) notifications regarding activities and/or actions performed on the Account; (b) scheduled or extraordinary maintenance activities; (c) security-related matters; (d) release of new features.

4. Obligations of the User Manager

4.1 The Manager User undertakes to diligently safeguard the Authentication Credentials, which are confidential data for which the Manager User is solely and exclusively responsible, including for any activity carried out through their use.

4.2 The Manager User therefore agrees to:

  1. use the automatic procedure available on the Website to reset the Authentication Credentials;
  2. send appropriate written notice to leggimenu in any case where the Manager User has reasonable evidence that unauthorized third parties have gained possession of and/or are improperly using the Authentication Credentials.
  3. Use the automatic procedure on the Site if you no longer have the Authentication Credentials. This procedure always requires the Recovery Code. If the Manager User does not have the Recovery Code, they agree they cannot restore their account and that leggimenu has no liability.

4.3 The Manager User is expressly prohibited from transferring, under any circumstances, the Authentication Credentials to third parties, or otherwise allowing third parties to access the Website in any way. The Manager User assumes full and exclusive responsibility for any consequences arising therefrom.

4.4 It is understood that leggimenu shall in no event be held liable for any harmful or detrimental consequences arising from:

  1. incorrect use, loss, theft, and/or breach of confidentiality of the Authentication Credentials;
  2. the Manager User’s failure to send the notification referred to in Art. 4.2, lett. (b);
  3. violation of the obligations set out in Art. 4.3 above;
  4. unauthorized interactions with other Users;
  5. termination of this Agreement carried out by third parties and not by the Manager User (e.g., through unauthorized access to the Website);
  6. unauthorized modification and/or update of Data.

4.5 The Manager User also expressly agrees to:

  1. publish Content (e.g., photos) within the Menu Generation Service (e.g., photos of products and/or the location) for which they own intellectual property and/or usage rights and can demonstrate such ownership at leggimenu’s simple request;
  2. act fairly and in good faith in interactions with other Users;
  3. process third-party personal data (including personal data of other Users) in accordance with applicable privacy laws.

4.6 Without prejudice to the above, the User undertakes to access the Website and/or use the Services in full compliance with the applicable laws and, in any case, agrees not to use them for any purpose other than those permitted by the Provider, including, by way of example and not limited to:

  1. uploading, publishing, transmitting and/or disseminating, in any form, unlawful or prohibited Content, or Content associated with any type of unlawful or prohibited material, as well as messages and/or materials using obscene, blasphemous, pornographic, racist or otherwise defamatory language towards other Users and/or individuals or legal entities, as well as Content for which the User is not the lawful owner or has not obtained proper authorization;
  2. violation of any third-party Rights, including image rights, name, dignity, honor, and reputation, including commercial reputation;
  3. dissemination of Content or Content associated with any type of material intended for unlawful acts, including but not limited to incitement to violence and/or the commission of any kind of crimes;
  4. transmission of viruses and/or other IT tools that could compromise the integrity and/or security of IT equipment (e.g., malware, trojan horses);
  5. sharing and promoting links to websites where any of the prohibited activities listed above are carried out;
  6. engaging in any inappropriate behavior during interactions with other Users;
  7. conducting activities related to spamming and/or any type of unsolicited interaction with other Users. In particular, the Manager User expressly agrees not to send marketing communications to Consumer Users unless the latter have given prior consent to receive such communications during their use of one or more specific Services (e.g., while using the Booking Service).

4.7 Without prejudice to any non-waivable rights granted by current data protection laws, the Manager User grants leggimenu a free, perpetual, and non-exclusive license to use on the Website, its pages, social groups and profiles, as well as in leggimenu’s promotional and/or advertising campaigns in newspapers, TV, radio, the internet and/or any other offline and/or online communication channel, for the purpose of promoting leggimenu, the Services and/or new services and/or products, the following Data: a) individual Manager User: first name, last name, reviews/feedback related to leggimenu and/or the Services; b) legal entity Manager User: business name, trademark.

4.8 The Manager User may transfer the Account to third parties only by following the automatic procedure available within the Account, which involves entering a new email address. leggimenu will then carry out a new Identity Verification and allow the holder of the new email address to confirm and/or update the Data associated with the Account. Once the process is completed, the transferring party will no longer have any rights, titles, claims and/or demands regarding the Account and expressly declares that they have no further claims against leggimenu in relation to any rights, reasons and/or claims, whether directly or indirectly connected to the transferred Account and/or the relationship between the transferring party and the receiving third party.

4.9 It is expressly understood that a Manager User’s Account and/or QR Code refers to a single physical location. Therefore, the Manager User is strictly prohibited from using the Account and/or QR Code for additional locations and/or commercial establishments. The Manager User is expressly informed that in the case of multiple locations and/or branches and/or points of sale, a separate Account must be activated for each additional physical location and/or commercial establishment and/or point of sale.

4.10 The Manager User agrees that, despite article 4.8, Leggimenu may allow a third party to access the account if they prove they bought the business from the Manager User under article 2558 of the Civil Code, by providing an authenticated copy of the public deed of sale.

5. License of use

5.1 Subject to compliance with these Conditions, leggimenu grants the User a personal, free (except for functionalities requiring payment of the Subscription Fee), non-exclusive and non-transferable license to use the leggimenu Software solely for the purpose of accessing the Services, according to the intended purpose of each User type. 5.2 Without prejudice to what is stated in Art. 5.1, leggimenu reserves all rights not expressly granted under this license. By way of example and not limitation, 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 based on the leggimenu Software; d) remove, alter, or obscure any copyright, trademarks, or other intellectual or industrial property notices on the leggimenu Software; e) use third-party software to modify the leggimenu Software; f) provide, host, facilitate, link to, or use private servers, emulators, or other tools that allow the use of the leggimenu Software outside the Website and/or in ways not authorized by the Provider; g) extract, including 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 the leggimenu Software and/or related data and/or any Confidential Information available to the public.

6. Intellectual Property and Confidentiality Obligation

6.1 The User acknowledges that all Rights to the leggimenu Software, including those related to graphic elements, interfaces, and any distinctive signs, are the exclusive property of leggimenu, and expressly agrees not to reproduce, modify, alter, remove, move, transfer, license, or distribute them to third parties. 6.2 The User expressly agrees, even after the termination or expiration, for any reason, of the effects of this Agreement, to keep confidential all Confidential Information regarding leggimenu that they may become aware of during the execution of this Agreement.

7. Warranty Exclusion and Limitation of Liability

7.1 The leggimenu Software is provided without any warranty of functionality (so-called “as is”), in relation to 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: failure to load data; partial or total malfunction (crash); design adaptation issues where graphic assets resolution is insufficient to provide a “retinalike” user experience; unavailability of Services due to traffic peaks and/or technical problems with the servers used by the Provider, etc.). 7.2 Without prejudice to the application of any mandatory legal provisions, the Provider provides no warranty for original or future defects, makes no promise of quality, functionality or suitability for a specific purpose or result regarding the leggimenu Software, and does not guarantee that the Services will meet the User’s needs. 7.3 Consequently, without prejudice to the application of any mandatory legal provisions, any and all rights to reimbursement, compensation and/or damages are excluded, including direct and indirect, material and non-material, potential, current, future, punitive damages (by way of example and not limited to: damages for loss of profits, goodwill, use, data), to persons and/or property, related to or in any way arising from the use of the leggimenu Software and/or the enjoyment of the Services. 7.4 As also stated in Preamble C), the Parties acknowledge and agree that any and all relationships, interactions, or connections between Users resulting from the use of the Services (e.g., the provision of a dinner at a Manager User’s venue, booked by a Consumer User through the Digital Menu Viewing Service) take place outside the control of leggimenu and, therefore, any and all rights to reimbursement, compensation and/or damages, direct and indirect, material and non-material, potential, current, future, punitive (by way of example and not limited to: damages for loss of profits, goodwill, use, data) suffered by a Manager User or by any User in relation to any relationship, interaction, or connection between Users resulting from the use of the Services – including those arising from the performance, improper performance, or non-performance of payments via the Payment Service Provider – are hereby expressly excluded (for example, leggimenu shall not be liable if a payment made by a User fails or if there are errors in processing one or more payments). 7.5 In relation to any Content uploaded by the Manager User while using the Services (particularly photographic Content of dishes and/or locations), without prejudice to the obligations assumed by the Manager User under Art. 4.5, lett. a), the Manager User is informed that leggimenu does not review the information entered by the Manager User, acting solely as a hosting provider in relation to such information. In this regard, the Manager User is expressly informed that:
  1. leggimenu, as an alternative to uploading Manager User Content, offers the option to use stock Content released to the public under licenses that allow free use;
  2. if the Manager User still chooses to upload their own Content, leggimenu reiterates the necessity for the Manager User to verify in advance the usage rights applicable to such Content. The Manager User is expressly informed that any Content found through search engines like “Google,” “Bing,” and similar platforms is not automatically usable; its source and licensing terms must be verified beforehand;
  3. leggimenu will not carry out any prior checks, as it is currently technically impossible to automatically verify the usage rights of Content uploaded by the Manager User;
  4. if any third party submits complaints to leggimenu regarding unauthorized Content uploaded by the Manager User, without prejudice to the indemnification provisions under Art. 8, the Manager User expressly agrees that leggimenu may temporarily disable access to the disputed Content and that the provisions of Art. 10 shall apply and, in more serious cases, those of Art. 11.
7.6 It is also understood that the Provider shall bear no liability if the ranking on any search engine (e.g., Google, Bing, etc.) of the Public Page and/or the link to the Digital Menu is higher than that of the Manager User’s own website. 7.7 In relation to the PSP Connection Service, the Manager User acknowledges and agrees that leggimenu merely provides digital links to allow the Consumer User to pay one or more Orders using the services offered by the Payment Service Provider. Therefore, any and all rights to reimbursement, compensation and/or damages – direct and indirect, material and non-material, potential, current, future, punitive (by way of example and not limited to: damages for loss of profits, goodwill, use, data), to persons and/or property – related to or in any way arising from the use of the PSP Connection Service by the Manager User or from a User making a payment through such functionalities are hereby expressly excluded.

8. Indemnification

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

9. Termination

9.1 The Manager User is hereby informed that they may withdraw from this Agreement at any time, without penalties, by using the Account deactivation procedure available within the Website. 9.2 In the event of withdrawal from this Agreement in accordance with the provisions of Art. 9.1, leggimenu undertakes to delete, as soon as possible and in any case no later than 30 (thirty) days following the definitive cancellation: i) the Manager User’s Account; ii) all personal Data associated with the Manager User. In any case, it is understood that, without prejudice to any non-waivable rights granted by applicable data protection laws, the license referred to in Art. 4.8 shall remain valid and effective. 9.3 In the event of withdrawal from this Agreement pursuant to Art. 9.1, leggimenu and the Manager User declare and agree that the Manager User waives any and all forms of refund, compensation, or damages related to the Subscription Fees paid. 9.4 It is hereby communicated that leggimenu may withdraw from this Agreement at any time, without providing reasons and without penalties, by notifying the Manager User via email to the address provided during Registration. In the event of withdrawal by leggimenu, the provisions of Art. 9.2 shall apply. 9.5 In the event of withdrawal from this Agreement pursuant to Art. 9.4, leggimenu and the Manager User declare and agree that leggimenu will not refund the portion of the Subscription Fee that the Manager User will no longer be able to use. 9.6 It is understood that if the withdrawal referred to in Art. 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 refund the amount paid for the Extension and/or the Subscription Fee, net of any commissions incurred for payment services. 9.7 Outside the cases mentioned above, it is specified that the Manager User shall not be entitled to any other refunds and/or compensation for the purchase of Subscriptions and/or Extensions. Without prejudice to the above, by way of exception, leggimenu – upon receiving a motivated request from the Manager User – may grant full and/or partial refunds and/or compensation for purchased Subscriptions and/or Extensions. It is clarified that such evaluation shall be made: (a) at the sole discretion of leggimenu, and (b) for a maximum of no. 2 (two) refunds during the entire duration of the Agreement. It is also expressly understood that in the event of a negative outcome of the request, the Manager User shall not be entitled to claim any damages and/or compensation of any kind.

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 prior notice and without any compensation, refund and/or damages, the Manager User’s access to the Services in the following cases:
  1. there are reasonable grounds to believe that the Services are being used by unauthorized third parties;
  2. modifications, interventions, and/or maintenance on the Website are necessary for security reasons or to ensure better Website functionality;
  3. the Manager User is involved, in any capacity, in any judicial or even out-of-court dispute of a civil, criminal or administrative nature, especially if such dispute arises from or is in any way connected to the use of the Services;
  4. objections and/or requests of any kind coming from competent authorities;
  5. in case of suspected violation by the Manager User of the obligations set out in Arts. 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 Manager User’s access to the Website and/or the Application attributable to the Manager User, the Provider reserves the right to claim compensation for any damages caused. 10.3 In the cases referred to in Art. 10.1 lett. (a), (b), (e), leggimenu will notify the immediate suspension of the Services via email to the address provided by the Manager User during the Registration process. The suspension will therefore take immediate effect. However, the Manager User shall have the right to submit written observations to leggimenu via the email address listed on the Website. leggimenu undertakes to provide a written response within the following 30 (thirty) days. In any case, the remedies provided in Art. 14 remain available to the Manager User. 10.4 In the cases referred to in Art. 10.1 lett. (c), (d), leggimenu will notify the suspension of the Services via email to the address provided by the Manager User during the Registration process. The suspension will take effect 30 (thirty) days after the notice is sent. The Manager User may submit written observations to leggimenu via the email address listed on the Website. leggimenu undertakes to provide a written response within the following 30 (thirty) days. In any case, the remedies set forth in Art. 14 remain available to the Manager User.

11. Express Termination Clause

Without prejudice to the provisions of Arts. 9 and 10, in the event of repeated breaches of the obligations set out in Arts. 4.1, 4.2, 4.3, 4.5, 4.6, 4.7, 4.9, 5, 6, 7.4, 7.5, or in the event of a serious breach of the obligations contained in the aforementioned articles, the Provider may terminate the Agreement between the Parties in accordance with the procedures and effects provided for 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 made available during the Registration process for the Manager User, as well as in a dedicated section of the Website for all Users.

13. Miscellaneous

13.1 This Agreement constitutes the entire agreement between the Parties and supersedes and replaces any prior understandings on the same subject. Any additional or deviating agreement must be made in writing by the Parties and signed by both. 13.2 The possible invalidity or ineffectiveness, under Italian law, of any provision of this Agreement shall not render null or affect the validity or effectiveness of the remaining contractual provisions with respect to either Party. 13.3 This Agreement does not create any corporate or associative bond between the Parties and does not imply any agency relationship between them; therefore, neither Party shall have the right to act in the name or 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 shall 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), for any reason, provided that the User’s rights under this Agreement are not prejudiced. 13.5 Any failure by the Provider to exercise the rights and powers arising from these Conditions shall not constitute a waiver of such rights and powers and shall be considered merely as a form of tolerance. 13.6 Provider’s identification details: LEGGIMENU S.r.l., with registered office at 00135 Rome (RM), Via Contigliano no. 16, Tax Code/VAT no. 17002501009, email for communications: info@leggimenu.it;

14. Applicable Law and Competent Court

14.1 Unless 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 termination of one or more clauses of this Agreement, or otherwise arising in any way therefrom, is subject—within the value limits set by applicable legislation (Decree Law of 12 September 2014, no. 132, as converted by Law of 10 November 2014, no. 162)—to the assisted negotiation procedure, as a precondition for judicial proceedings (for more information, consult the official text at http://www.normattiva.it). 14.3 Users are also informed that for any dispute relating to the validity, existence, interpretation, application, execution and/or termination of one or more clauses of this Agreement, or otherwise arising in any way therefrom, it is possible to optionally resort to the mediation procedures provided for under Legislative Decree no. 28/2010. 14.4 Pursuant to and for the purposes of Article 14 of EU Regulation no. 524/2013, we provide the following link for access to the EU’s ODR (Online Dispute Resolution) platform: https://webgate.ec.europa.eu/odr/main/?event=main.home.show, which may 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 termination of one or more clauses of this Agreement, or otherwise arising in any way therefrom, if it involves a Manager User, the Court of Rome shall have exclusive territorial jurisdiction, whereas, if the dispute involves a Consumer User, the court with jurisdiction shall be that of the place where the Consumer User has residence or domicile.

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