TERMS AND CONDITIONS FOR THE LICENCE AND THE USE OF THE WEBSITES AND APP
This licence and terms and conditions applies to all those who use the websites (www.doveconviene.it; payback.doveconviene.it; www.shopfully.com.br, www.shopfully.mx, www.shopfully.fr, www.shopfully.com.au, www.shopfully.co.nz, www.promoqui.it, www.volantinofacile.it) (the “Websites”) and the apps (ShopFully, CardPlus, PromoQui, VolantinoFacile) (the “Apps”), property of ShopFully S.p.A. with registered office in Via Giosuè Borsi 9, 20143 Milan (MI), Italy (“ShopFully”) and the services offered by ShopFully through its Websites and Apps (the “User/s”).
ShopFully allows, through the Websites and the Apps, the encounter between the demand of Users and the offer of third parties (“Advertisers”) with reference to the consultation of flyers and promotional leaflets, under different formats, and in general of offers and promotional products of the Advertisers.
Through the Websites and the Apps, ShopFully also offers Users the possibility of activating a newsletter service consisting in the sending of periodic emails aimed at informing the Users on the offers published by Advertisers (“Newsletter Service”). The Newsletter Service can be customised 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 email received.
Through the App CardPlus, ShopFully enables the user to digitise loyalty cards already in his/her possession and thus create a digital wallet (“CardPlus Service”).
Through some of the Websites and the Apps, Users will be able to view flyers and promotional leaflets, under different formats, and in general offers and promotional products, of the 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 leaflets, and in general offers and promotional products, visualised within the Websites and Apps (hereinafter, the “Advertiser-Side Service” and, jointly with the “Newsletter Service”, the “CardPlus Service” and “User-Side Service”, the "Services").
The flyers and promotional leaflets, and in general offers and promotional products, 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 is aware that Advertisers are solely responsible for the flyers’ and promotional leaflets’ content and, in general, of the offers and promotional products. ShopFully shall not in any way be held responsible for the correctness and truthfulness of such content and, in the event of any discrepancy between what is indicated on the Websites and the Apps and the content of promotional flyers and leaflets, what is indicated in the letters shall prevail. The User may report wrong and untruth flyers and promotional leaflets and/or any additional information related to each individual promoted product or offer, at any time he/she deems appropriate, to ShopFully by using the contact details indicated in the following Section 10.
By downloading the Apps and using the related services, and by accessing the Websites, the User acknowledges and accepts the licence contract and the terms and conditions of the Apps and the Websites (jointly the “Contract”).
By downloading the Apps and – according to the App Store of reference – by clicking the “Obtain” button or similar, during the Apps installation process, and using the same Apps, the User declares to accept the Contract.
Users are therefore invited to not download the Apps 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 Apps from available Stores (e.g., App Store and Google Play) in order to install and use the Apps on mobile devices, such as smartphones and tablets.
1. ACCESS AND USE OF THE APPS, WEBSITES AND SERVICES. TERMINATION
1.1. The User will have access to the Services through mobile devices without prior registration on the Websites and the Apps. Personal data are processed through the Websites and the Apps in compliance with the privacy policy available respectively here.
1.2. Access, use of the Services and possible registration are free of charge.
1.3. In case the Websites and the Apps allow it, 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. To the maximum extent permitted by law, ShopFully is not responsible for any damages that the User may incur as a result of the use of the Websites and Apps by third parties, whether the User is or not aware of, nor for any improper, unauthorised or illegal use of the Websites and/or of the Apps.
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.
1.6. ShopFully shall not guarantee continuous and uninterrupted access to the Websites, Apps and Services, which may be affected by factors beyond its own control.
Access to the Websites and to the Apps 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 the User’s obligations indicated in this Contract, without any claim to ShopFully.
1.7. ShopFully shall not be responsible towards Users or third parties for the suspension and/or 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 access to the Websites, 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. LICENCE. SERVICES. UNAUTHORISED USE. INTELLECTUAL PROPERTY
2.1. Services, as well as the use of the Websites and of the Apps, 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 Apps and the Websites in order to have access to the Services.
2.3. It is prohibited for minors under 18 years to use the Websites and the Apps, unless prior consent of parents or other legal representatives.
2.4. ShopFully and any of its possible licensees are the sole owners of all rights related to the Websites, the Apps and the source code, software structure and organisation, including copyrights, trade secrets, intellectual property rights and any other rights related to.
2.5. 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 Websites and the Apps or try to access the related source code in order to create products derived from the source code of the Websites and the Apps or for other purposes;
(ii) sale, grant, sub-license, transfer or distribute the Apps;
(iii) make the Websites and the Apps available to third parties through telematics connection or in any other way;
(iv) use the Websites and the Apps 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 Websites and the Apps;
(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 Websites and the Apps and their functioning;
(vii) use the Websites, the Apps 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 Websites or on the Apps any Content infringing the rights of ShopFully or third parties (every use hereinabove is defined a “Unauthorised Use”).
2.6. 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 Websites, the Apps and the Services. ShopFully and third parties as rightful owners shall retain the ownership of the Website and the Apps, 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 Websites and the Apps.
2.7. The User shall be the sole responsible for any damages, costs or expenditure arising from the unauthorised use.
2.8. When the User knows of an unauthorised use from third parties, he/she shall immediately notify ShopFully of such use and shall provide ShopFully with necessary assistance for the investigation.
2.9. The trademarks and design used by ShopFully from time to time through the Websites and the Apps (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 Websites and the Apps 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 Websites and the Apps 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.
2.10. All information and materials shown as part of the Website and the Apps (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.
2.11. Third party content included on the Websites and the Apps that the User links or refers to when he/she adds Contents on the Websites and the Apps, are owned by the third parties and related holders. Therefore, by including Content through the Websites and the Apps, 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 Websites and the Apps, the User accepts to grant to ShopFully a personal, without royalty, perpetual, irrevocable and non-exclusive licence 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 Websites and the Apps 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 expressly covered by the Contract, neither ShopFully nor its providers or distributors grant specific warranties related to the Websites, the Apps 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 Websites, the Services and the Apps at its discretion with immediate effect and without obligation to notify or inform with respect to the management, maintenance and/or updating of the Websites, the Services and the Apps 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 Websites and the Apps and during their use, the User hereby represents, warrants and agrees as follows:
(i) the use of the Website, the Apps and the Services is at his sole choice, discretion and risk;
(ii) the User’s personal data, provided to ShopFully in order to use the Websites, the Apps and the Services, shall be processed in compliance with the privacy policy available respectively here.
(iii) Users below 18 years of age shall use the Websites, the Apps 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 Websites and the Apps, and ShopFully shall not be responsible for any defects or malfunctions related to such network and services.
4.3. In case the Websites and the Apps allow it, the 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 Services through his /her own device.
5. PUBLICATION OF CONTENTS
5.1. In case the Websites and the Apps allow the publication of Contents, 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 Websites and the Apps.
5.2. ShopFully shall reserve the right to refuse to publish or remove any Content having:
- offensive, damaging and/or insulting language;
- references to illegal and/or unlawful activities;
- information that Tiendeo 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 the User’s access to the Websites, the Apps 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 Websites, the Apps 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 Websites, the Apps and the Services.
6.2. ShopFully’s liability for losses and/or damages suffered by means of the Websites, the Apps 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 Websites and the Apps, 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 Websites, the Apps, 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 Websites and the Apps, 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 Websites and the Apps are free of viruses or other potentially harmful programmes.
8. AMENDMENTS
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-au/terms-and-conditions.html, with indication of the relevant version and date.
The User is invited to periodically check the URL https://legal.shopfully.cloud/en-au/terms-and-conditions.html. The subsequent use of the Websites, Apps, and/or the Services shall be deemed as acceptance of the amendments to the Contract by the User.
ShopFully shall reserve, at its exclusive discretion, the right to modify and update the Services, eventually informing the Users as deemed appropriate.
9. INDEMNITIES AND COMPENSATION FOR DAMAGES
By using the Services, the User undertakes to indemnify and hold harmless shall reserve, at its exclusive discretion, the right to modify and update 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 by the User 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 Websites, the Apps and the Services.
10. NOTIFICATION OF VIOLATIONS
The Users may report possible abuses, illegal and unauthorised uses, in violation of the provisions of applicable law and/or of the Contract, by means of this form. The User shall immediately notify any unauthorised 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 by the Laws of Italy.
11.2. 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.
12. ASSIGNMENT
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. MISCELLANEOUS.
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 ShopFully's rights with respect to any subsequent breach of such provision or any other breach of any other provision of this Contract.
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 3.2. Applicable from 26/01/2024.