APP LICENSE AGREEMENT. TERMS AND CONDITIONS OF THE USE OF APP AND WEBSITE.
This license and terms and conditions applies to all those who use the website www.doveconviene.it (the “Website”) and the App DoveConviene (the “App”) and the services provided by ShopFully S.p.A. with its registered office at Via Imperatore Costantino 3 – 09028 Sestu (CA), Italy (“ShopFully”) when using the App and the Website (the “User/s”).
ShopFully allows, through the Website and the App, the encounter between the demand of Users and the offer of third parties ("Advertisers") with reference to the consultation of flyers and promotional leaflets.
Through the Website, ShopFully offers Users the possibility of activating a newsletter service consisting in the sending of periodic e-mails aimed at informing the Users on the offers published by Advertisers (“Newsletter Service”). The Newsletter Service can be customized by the User on the basis of the product categories of his / her interest (but the User may receive, from time to time, communications not related to his / her choices) and it can be deactivated at any time by the User, by clicking on the opt-out link at the bottom of each e-mail received.
Through the CardPlus App, ShopFully allows Users to digitize the loyalty cards already in their possession and, thus, to create a digital wallet (“CardPlus Service”).
Through the Website and the App, Users will be able to view flyers and promotional leaflets by Advertisers, divided by product categories, as well as any additional information relating to the products included within such flyers and promotional leaflets, as well as other Advertisers’ offers on specific products (hereinafter, "User-Side Service"). At the same time, ShopFully allows Advertisers to obtain aggregated information on how many Users have performed actions related to their flyers and promotional offers visualized within the Website and App (hereinafter, the "Advertiser-Side Service" and, jointly with the "Newsletter Service", "CardPlus Service" and "User-Side Service", the "Services").
The flyers and promotional leaflets of Advertisers having a partnership with ShopFully will have assigned a preferential position in their product category, without that affecting the promotional content.
The User accepts that Services are provided only for personal use and is aware that Advertisers are solely responsible for the flyer content and promotional leaflets. ShopFully shall not in any way be held responsible for the correctness and truthfulness of such content. The User may report wrong and untruth flyers and promotional leaflets and/or any additional information related to each individual promoted product, at any time he deems appropriate, to ShopFully by using the contact details indicated in Section 10 of this Contract.
By downloading the App and using the related services, and by accessing our Website, the User acknowledges and accepts the license contract and the terms and conditions of the App and the Website (collectively the “Contract”).
By downloading the App and – according to the App Store of reference – by clicking the “Obtain” button or similar, during the App installation process, and using the same App, the User declares to accept the Contract.
Users are therefore invited to not download the App and use the related Services if they do not intend to accept the Contract and to be bound by the following conditions.
Users may download the App from available Stores (e.g., App Store and Google Play) in order to install and use the App on mobile devices, such as smartphones and tablets.
1. ACCESS AND USE OF THE APP, WEBSITE AND SERVICES. TERMINATION.
1.2. Access, use of the Services and possible registration are free of charge.
1.3. The User shall undertake to provide accurate, real and complete content and information and to maintain the data (the “Content”) up to date, being the sole responsible for the truthfulness and accuracy of the same, and also for the damage that may be caused by non-compliance with this obligation.
1.4. The User shall undertake to immediately notify ShopFully of possible infringements or non-authorized uses carried out on their own device. ShopFully is not responsible for any damages to the User not caused by third parties using the Website and the App that the User may know of, or improper, non-authorized and illegal use of the Website and/or of the App.
1.5. In case of breaches of hereinabove, ShopFully may delete, remove or modify, at its own discretion, the Content or the User’s access, suspend or terminate the provision of the Services, as well as take any other action that ShopFully may consider appropriate from time to time.
ShopFully shall not guarantee continuous and uninterrupted access to the Website, App and Services, which may be affected by factors beyond its own control.
1.6. Access to the Website and App may be suspended and/or interrupted at its discretion, and, by way of example, including but not limited to, due to various technical reasons, business strategy and/or related to ShopFully targets, force majeure or unforeseeable circumstances, breaches of User obligations included hereinafter, without any claim to ShopFully.
1.7. ShopFully shall not be responsible towards Users or third parties for the suspension/termination of the Services.
1.8. In case the User terminates access to the Services, the User shall be bound by the obligations of this Contract and by any additional conditions, including guarantees issued by the User and exclusion and limitation of liability.
1.9. The Users may terminate the Contract at any time by deleting the App or avoiding to access the Website, without prejudice to this provision.
1.10. This Contract shall terminate when the User ceases to comply with the obligations arising from this Contract.
2. APP LICENSE. SERVICES. UNAUTHORIZED USE. INTELLECTUAL PROPERTY.
2.1. Services are provided by ShopFully and are used by the User only for personal and non-commercial purposes.
2.2. ShopFully, according to the terms of this Contract, shall grant the User a non-exclusive, personal and non-transferable, non-sublicensable, free of charge, indefinite right to install and use the App in order to have access to ShopFully Services.
2.3. ShopFully shall license the App to the User for private and personal use.
2.4. It is prohibited for minors under 18 years to use the Website and the App, unless prior consent of parents or other legal representatives.
2.5. ShopFully and any of its licensees are the sole owners of all rights related to the Website, the App and the source code, software structure and organization, including copyrights, trade secrets, intellectual property rights and any other rights related to the App.
2.6. To the extent permitted by applicable law, the User shall not:
(i) copy, distribute, publish, carry out reverse-engineering activities, decompile, modify or translate the Website and the App or try to access the related source code in order to create products derived from the source code of the Website and the App or for other purposes;
(ii) sale, grant, sub-license, transfer, distribute or lease the App;
(iii) make the Website and the App available to third parties through telematics connection or in any other way;
(iv) use the Website and the App unlawfully or in a way that is contrary to the applicable regulations;
(v) alter or remove copyrights, information, logos and any other ownership and/or information contained within the Website and the App;
(vi) use any automatic or manual means, device, process, software, programme, algorithm, methodology or routine, by way of an example including but not limited to “robots” “spiders” or other processes or similar functionalities in order to interfere or try to interfere with the Website and the App and their functioning;
(vii) use the Website, the App and the Services for any illegal, obscene, offensive, injurious, harassing or improper purpose, in order to carry out surveys, competitions or chain letters, or for any other purpose prohibited by the Contract;
(viii) publish on the Website or on the App any Content infringing the rights of ShopFully or third parties (every use hereinabove is defined “Unauthorized Use”)
2.7. ShopFully and its licensees shall reserve any rights not conferred expressively to the User according to this Contract and hold the ownership of all rights on the Website, the App and the Services. ShopFully and third parties as rightful owners shall retain the ownership of the Website and the App, and of every improvement, update, modification or integration, as well as all copyrights, patents, trade information, trademarks and any intellectual property rights represented on the Website and the App.
2.8. The User shall be the sole responsible for any damages, costs or expenditure arising from the unauthorized use.
2.9. When the User knows of an unauthorized use from third parties, he shall immediately notify ShopFully of such use and shall provide ShopFully with necessary assistance for the investigation.
2.10. The trademarks and design used by ShopFully from time to time through the Website and the App (the “Trademarks”) are trademarks and designs of ShopFully and/or its licensees and/or rightful owners and they are owners of all rights related to these Trademarks. The User declares that he/she is aware that he/she does not own any rights to Trademarks by using the Website and the App and the Services. Under no circumstances shall the User use Trademarks without prior written consent by ShopFully. Moreover, the User shall not undertake any activity that may infringe on ShopFully’s rights of the Website and the App and the Trademarks, including intellectual property rights and/or perform any activity that may damage the reputations of ShopFully and its employees, collaborators and/ consultants.
2.11. All information and materials shown as part of the Website and the App (including texts, graphics, icons, software, logos) are owned by ShopFully or its partners which are the holders of the related rights, except the Content provided by the User or by an external source.
2.12. Third party content included on the Website and the App that the User links or refers to when he/she adds Contents on the Website and the App, are owned by the third parties and related holders. Therefore, by including Content trough the Website and the App, the User acknowledges to be the rightful owner of the published and downloaded Content and/or to have obtained necessary authorizations in order to use that Content. By posting Content on the Website and the App, the User accepts to grant to ShopFully a personal, without royalty, perpetual, irrevocable and non-exclusive license for the use, reproduction, modification, publication, adaptation, translation, distribution, execution and display of such images and information, individually or within other content, in any form, support or technology, already known or under development and to grant such sub-license rights to third parties.
3. EXCLUSION OF WARRANTY.
3.1. To the extent permitted by the applicable law, ShopFully shall not provide any warranty, expressed or implied, in connection to the Website and the App which are provided “as are” and “as available” and shall not provide any representation or warranty of any kind on its quality, suitability for a particular purpose, its completeness and/or accuracy.
3.2. Except in the cases expressively covered by the Contract, neither ShopFully nor its providers or distributors grant specific warranties related to the Website, the App and the Services.
3.3. Regardless of the efforts of ShopFully in order to provide the User with a high quality and safe service, ShopFully shall not guarantee continuity, a service free of errors or the promptness of the Services.
3.4. ShopFully shall reserve the right to suspend, interrupt, modify, remove and add to the Website, the Services and the App at its discretion with immediate effect and without obligation to notify or inform with respect to the management, maintenance and/or updating of the Website, the Services and the App and is without any liability for damage suffered by the User as a consequence of such actions taken by ShopFully.
4. REPRESENTATION AND WARRANTIES OF THE USER.
4.1. Before using the Website and the App and during their use, the User hereby represents, warrants and agrees as follows:
(i) the use of the Website, the App and the Services is at his sole choice, discretion and risk;
(iii) Users below 18 years of age shall use the Website, the App and the Services only under expressed authorization of the parents or other legal representatives of the minors.
4.2. The User is solely responsible for the telecommunications network and internet access services needed in order to use the Website and the App, and ShopFully shall not be responsible for any defects related to such network and services.
4.3. User agrees to provide accurate, complete and truthful Content, being solely responsible for the truthfulness and accuracy of the Content, as well as for any damage caused by non-compliance with this obligation.
4.4. The User represents and declares to be the sole responsible for the use of the Website, the Services and the App through his /her own device.
5. PUBLICATION OF CONTENTS.
5.1. The User shall not publish any illegal, obscene, defamatory, or slanderous material or that otherwise violates applicable laws or which may generally be considered offensive through the Website and the App.
5.2. ShopFully shall reserve the right to refuse to publish or remove any User Content having:
- offensive, damaging and/or insulting language;
- references to illegal and/or unlawful activities;
- information that ShopFully considers illegal and/or in violation of any EU, national or international regulations, or in violation of the rights of any natural or legal person;
- encrypted information or malware that is intended to damage, interfere with, intercept, or take over any system, information, or personal data.
5.3. In such cases ShopFully shall reserve the right to terminate access to the Website, the App and the Services without any prior notice and to delete the Content.
6. LIMITATION OF LIABILITY.
6.1. ShopFully shall not under any circumstances be responsible for the correctness of the information provided by the Users through the Website, the App and the Services. The use of the Services is entirely at the risk of the User. To the extent permitted by applicable law, ShopFully shall not be responsible for any direct, indirect or consequential (including, damages for loss of earnings, business interruption, loss of business information, or any other pecuniary loss) or loss arising from the use (or incorrect use) of the Website, the App and the Services.
6.2. ShopFully’s liability for losses and/or damages suffered by means of the Website, the App and Services shall be limited to eliminating such material and content in reasonable time.
6.3. There is the possibility that hackers may enter the Website and the App, changing the content and integrating damaged material (e.g., virus, worms, corrupted files). In such cases, ShopFully shall not be in any manner responsible for the damages, losses or modifications caused to the User or third parties.
6.4. ShopFully shall not be responsible in any case for any damages or injuries due to the lack of continuity, availability, reliability, usability of the Website, the App, and the Services and, in particular, by way of example but not limited to, errors of access to the same.
6.5. When applicable law does not allow exclusion or limitation of warranties and liability towards the User, the limitations referred to above shall apply to the extent permitted by applicable law.
7. LINK AND MALWARE.
ShopFully shall not be responsible for information linked through the Website and the App, although it checks the Content on a regular basis. The User is the sole responsible for the use of the linked information. ShopFully does not guarantee that the Website and the App are free of viruses or other potentially harmful programmes.
ShopFully shall reserve, at its exclusive discretion, the right to modify and update this Contract and/or any parts of the same. Amendments to the Contract shall be published at the following URL https://legal.shopfully.cloud/en-us/terms-and-conditions.html, with indication of the relevant version and date.
You are invited to periodically check the URL
https://legal.shopfully.cloud/en-us/terms-and-conditions.html . The subsequent use of the Website, App, and/or the Services shall be deemed as acceptance of the amendments to the Contract by the User.
9. INDEMNITIES AND COMPENSATION FOR DAMAGES.
By using the Services, the User undertakes to indemnify and hold harmless ShopFully from and against any demand, action, liability, cost and expense of any kind, including but not limited to, reasonable attorney’s fees and litigation expenses arising from the violation or the failure to comply with any provisions under this Contract or the applicable law or the violation of any guarantees provided by this Contract, or arising from any use of the Website, the App and the Services.
10. NOTIFICATION OF VIOLATIONS.
The Users may report possible abuses, illegal and unauthorized uses, in violation of the provisions of applicable law and/or of the Contract, by means of the following address: firstname.lastname@example.org. The User shall immediately notify any unauthorized use by third parties of the Services and his own device to ShopFully.
11. APPLICABLE LAW AND JURISDICTION.
11.1. This Contract shall be governed in all respects, including validity, interpretation and effect, without regard to principles of conflicts of law, by the Laws of the Republic of Italy.
11.2. The User and ShopFully agree that any claim, dispute or controversy in conjunction with this Contract shall be settled by the Court of the User’s place of residence which shall have exclusive jurisdiction.
ShopFully shall have the right to assign third parties this Contract, in whole or in part, at any time and without the prior consent of the User. The User shall not transfer any of his rights or obligations arising from the Contract to third parties.
13.1. Any failure by ShopFully to exercise its own rights in case of breaches of any provisions of the Contract (including the failure of any request by ShopFully in order to claim the execution or correct and exact compliance of the provisions of this Contract) shall not in any manner operate as a waiver to the right to exercise them.
13.2. Where a provision of this Contract is or becomes illegal, invalid or ineffective in any Country, this shall not imply validity or enforceability of any other provisions of this Contract or the validity and enforceability in other jurisdictions of such provision and any other provision of this Contract.
13.3. This Contract shall not be intended as a form of collaboration, agency, trust or joint venture between ShopFully and the User.
13.4. The Contract sets out the whole Contract between ShopFully and the Users in respect to the subject matter and shall substitute any possible previous contract or agreement (verbal or written) in relation to the same subject matter.
Version 3.0. Applicable from 02/05/2022.