- 1. USEFUL INFORMATION ON THE TERMS AND CONDITIONS OF USE
- 2. REGISTER WITH US AND CREATE YOUR OWN ACCOUNT
- 3. USER CONTENT
- 4. STANDARDS USED AND LIMITATION OF MEGAMTA'S LIABILITY
- 5. YOUR OBLIGATIONS
- 6. RULES FOR USING SERVICES AND THE PLATFORM
- 7. SUSPENSION AND RESOLUTION
- 8. PROTECTION OF PERSONAL DATA
- 9. ADVERTISEMENTS
- 10. LINKS TO AND FROM OTHER SITES
- 11. INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS
In this Agreement, you use various definitions that you will recognize because they begin with a capital letter. This is their meaning:
The natural or legal person using the Platform. Customer can also be indicated in this document with the expressions "You".
It indicates all or some of the services provided by MegaMTA through the Platform (or through other electronic communication - or otherwise – communications from MegaMTA) including mobile applications, our newsletter, the emails we send you and the information services, content and features on the Platform (including the ability to make a purchase).
It means creating an Account on the Platform, and "Registration" means the action of creating an account.
Indicates the legal entity that may place offers related to coupons, business, goods, travel and other products (collectively, the "Items") in the communications proposed or sent by the Platform.
Also indentable with "Items" indicates the goods and/or services that are described and proposed by sellers.
Evirit s.r.l., Via Arzaron, 87/A - 35040 CARCERI (PD) - Italy - VAT ID IT04258560285. The Supplier may also be indicated in this document with the expressions "MegaMTA", "We", "the Company". MegaMTA is a brand of the Supplier.
Indicate your MegaMTA Account.
Indicates liability for any cause (including breach of contract, non-contractual misconduct, false statements, return of sums not due or any other cause) relating to or arising from or in connection with this Agreement (including liability expressly provided for in this Agreement or resulting from the invalidity or inapplicability of any term of this Agreement) – and for the purposes of this definition, any reference to the "Agreement" shall be intended to include any collateral contract.
1. USEFUL INFORMATION ABOUT TERMS AND CONDITIONS OF USE
1.1. What is this document
What you are reading is a document of legal value that constitutes the agreement between the Customer and the Supplier. The Provider is the operator of the Platform, as well as the provider of a series of services related to it. The Customer is called upon to adhere to the terms and conditions of use below, as a whole referred to as "Agreement". The Customer for the use of the Platform and therefore for the conclusion of this Agreement, declares that he has reached the age of majority in the state in which he resides and that he is able to create a binding legal obligation.
1.2 What we do
Our Company provides a Communication Platform (which includes websites, email servers, sms, voice, mobile applications, etc.) where we, our local affiliates and other sellers (collectively, the "Sellers") may make commercial proposals related to services, business, goods, travel, coupons and other products (collectively, the "Articles") by sending communications using multiple channels, such as email, sms , broadcast messages, ordinary mail, adv banners, spots, etc. As suppliers of the Platform, we help and facilitate agreements between you and the Sellers, putting you in direct communication between you. We never act as buyers or sellers. In fact, we provide a Contact Platform between You and the Sellers so that you can negotiate and conclude agreements independently between you. This means that during your interaction within our Platform, in addition to this Agreement, you will be bound by other contractual relationships with different legal entities.
1.3. What are these legal relationships
For any Item promoted through our system, you will be subject to the terms and conditions provided by the seller. Since MegaMTA does not assume the quality of Seller, this means that, your sales contract will be concluded with a person other than MegaMTA. We remind you that all contracts concluded for the sale of the Items are concluded exclusively between the Customer and the Seller of the Item in question and not with us. The Seller is responsible for the sale and management of complaints or any other matter arising out of or connected to the contract concluded between you and the Seller.
1.4. What else do we deal with
1.5. Scope of use
Our Platform and Services are provided for personal and non-commercial use only, except as separately permitted in writing. You can access the Platform only through our app, through standard and mobile web browsers and similar applications. Access via robots, spiders, offline readers, search/retrieve information applications from sites or other devices, tools or processes, manual or automatic to recover, index or extrapolate data from our Platform is therefore not allowed, including through scraping, spidering or other. By way of exception, a mode revocable at any time by the Company, public search engine operators may use spiders to copy materials from the Platform for the sole purpose, and only to the extent necessary for the creation of publicly available material search indexes, but not for cache copies or archives of such materials.
1.6. Limited License
1.7. Prohibition of use
We reserve the right to prevent you from using the Platform and the Services (or part of them).
2. REGISTER WITH US AND CREATE YOUR OWN ACCOUNT
2.1 Why register
Depending on the particular feature you are accessing within our Platform at any given time, you may need to register to use most of the features and to have access to many of the Available Services. For example, you will need to register in order to receive our communications or to get in touch with sellers. Your Account will offer you easy access to your data, to the display of interactions with the Platform, to the choice and modification of your preferences both in terms of profiling and frequency and contact mode. We reserve the right to reject a new Registration or to cancel an Account at any time.
2.2 How to register
To register, you must provide your first and last name, country, email address, and any personal information you may require.
2.3. Access code
With each access, the Platform generates an Access Code that is sent to you by email to the address indicated by you. This code is unique and temporary. By entering this code when requested you will be able to access the Platform. It is necessary to keep this code confidential and notify us immediately if unauthorized third parties become aware of it or in the event that any unauthorized use of your email address is made or if there is any violation of the security rules of which you may be aware. You also agree that we will not be liable in any way in the event that a person to whom your code has been communicated, uses our Services and Platform. Please note that the responsibility for preserving the confidentiality of the code is entirely your responsibility.
2.4. Valid email address
All Accounts must be registered with a personal, valid email address, which you regularly have access to. Accounts that have been registered with someone else's email address or temporary email addresses may be closed by us without any prior notice. We may also reserve the right to ask you to revalidate your Account in case we believe you have used an invalid email address.
MegaMTA can send you emails to administrative and promotional content. We may also send you any information related to the activity of your Account and your purchases, updates on our Platform, our Services and other promotional offers. We may also send you information about purchases you made from sellers you have contacted through our services. (You can choose at any time not to receive our promotional emails by clicking on the cancellation link you find at the end of each of the emails you receive.)
2.6 “Push Notifications”
If you have consented, MegaMTA may send you promotional push notifications on your device/mobile devices for general or location-based offers. You can choose at any time not to receive our promotional "push notifications" by changing your preferences on your mobile device.
3. USER CONTENT
3.1. User Content
Within our Platform, Account holders and visitors may be offered the option to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, videos, audio recordings, musical works and other content (collectively, the "User's Content"). Your Content may be sent or published through forums, message boards, discussion groups, chats, surveys, blogs or other means of communication that may be offered from time to time on, or through, or in connection with our Platform or Services. However, you may need to have an Account in order to successfully submit your Content.
3.2. Owner of Your Content
In providing the User's Content, you declare and guarantee that you are the owner of such content or, should you act on behalf of third parties, that you have prior express permission to submit and publish the aforementioned Content, as well as all rights relating to the granting of licenses and permissions of any kind in connection with the aforementioned User Content. In addition, you also declare and guarantee (or, if you act on behalf of the owner of your Content, you have ensured that the User declares and guarantees) that sharing your Content, for the purposes indicated, does not infringe or infringe the copyrights, trademarks or any other intellectual or industrial property rights of third parties, including advertising rights or privacy rights.
You undertake not to transmit, publish or otherwise make available on our Platform any material protected by copyright, trademark or other intellectual or industrial property rights of third parties without the express permission of the copyright owner, trademark or any other intellectual or industrial property right. MegaMTA assumes no explicit obligation, nor related liability, to provide indications, reports or any other element intended to determine whether the material in question is copyrighted or a registered trademark. You will be solely responsible for any damages arising from any violation of copyright, trademarks, intellectual or industrial property rights or any other damage resulting from the transmission of material on the Platform. Further restrictions as well as prohibited activities of which you are required to be aware are listed in Section 5 below.
3.4. Use of your Content
MegaMTA has the unique and absolute right, but not the obligation, to review, modify, publish, refuse to publish, remove and monitor your Content. MegaMTA also has the right, but not the obligation, to disclose your Content and the circumstances of its transmission to third parties, at any time and for any reason, also in order to establish its compliance with this Agreement and with any other provision established by MegaMTA, as well as in order to comply with any authorized government law, regulation or request. Except as described above, MegaMTA has the right to remove any material from the Platform, in its sole and absolute discretion. MegaMTA assumes no responsibility for any User Content or other information that may appear or be removed from the Platform or elsewhere. MegaMTA is also under no obligation to make use of the above Content and may refrain from using it altogether.
3.5. Edit or remove your Content
Under certain circumstances, the User's Content that you submitted or published through your Account may be changed or removed. MegaMTA does not guarantee in any way that your Content that You edit or remove will be modified or removed from the Platform or elsewhere, or that such User Content will cease to appear on the Internet, search engines, social media websites, or in any other form, media or technology.
3.6. Public nature of your Content
Customer acknowledges and agrees that your Content is public. Any person (whether or not you use the MegaMTA Services) can read your User's Content without your knowledge. It is therefore recommended not to enter additional personal information or any other information in your User's Content that you do not wish to become in the public domain. MegaMTA is not responsible for the use or disclosure of personal information or any other information you provide with your Content.
Any User Content of any kind made by you or any third party is the work of its author(s) or distributor(s) and not MegaMTA. Other users may post User Content that is inaccurate, misleading, or deceptive. MegaMTA does not approve or be responsible for your Content, and will not be liable to you or any other person for any loss or damage caused by your reliance on such User Content. Your Content reflects the views of the person who publishes them and may not reflect MegaMTA's opinion. MegaMTA does not control or approve your Content, and in particular disclaims any responsibility for or in connection with your contribution, use of or reliance on any User Content and any action arising from your participation in any part of the Platform or Services, including any Lamentable User Content.
Some User Content that you transmit to MegaMTA may be displayed or You may choose to be transmitted with your personal data, or with a part there of it, including, but not limited to, your name, your initials, your username, the username of the Social Media Platform you use, your image, portraits , preferences, entry, and location. Grant MegaMTA a canon-free, perpetual, irrevocable, subliminal, absolute, non-exclusive, transferable right worldwide to use, display, distribute, offer for sale and divest your personal information relating to your Content, whether such Content appears alone or as part of other work, and in any form, medium or technology currently known or subsequently developed , as well as sublicensing these rights to multiple sub-licensees, all without payment to You for any compensation. However, MegaMTA will have no obligation to use Your personal data in connection with your Content.
Against MegaMTA, you will retain all property rights to the User's Content that you will send or publish. However, by providing your Content or other information about or through the Platform, you grant MegaMTA a right and license exempt from fees, perpetual, worldwide, irrevocable, subliminable, absolute, non-exclusive, transferable, to use, reproduce, create derivative works from, publish, rectify, translate, distribute, perform, show, transmit, offer for sale and divest your Content, alone or as part of other work , and in any form, medium or technology, currently known or subsequently developed, as well as to sublicense these rights to multiple sub-licensees, all without payment to you for any compensation. In addition, under this Agreement, you waive any right relating to the authorship or integrity of the materials covered by the User's Content that may be recognized to you under any applicable law. MegaMTA's license for your Content or personal data includes its use for promotions, advertising, marketing, market research, quality control, or for any other lawful purpose.
3.10. Copyright proceedings
MegaMTA reserves the right to suspend the right of you or third parties to use the Platform, if such use infringes the intellectual property rights of others. In certain circumstances and in its sole discretion, MegaMTA has the right to suspend the right of you or third parties to access the Platform, if MegaMTA is aware of the repeated violations of such user or third party. If you believe that, through our Platform, material that constitutes a copyright infringement has been published by third parties and you wish to bring it to MegaMTA's attention, you are required to send us your report or to provide the Copyright Agent of MegaMTA, listed below, with the following information: (a) an electronic signature or autograph of the person authorized to act on behalf of the copyrighted owner of the work; (b) the identification of the copyrighted work and the placement, within the Platform, of the work allegedly violated; (c) a written statement stating that you believe in good faith that the contested use has not been authorized by the owner, its agent or the law; (d) your name and contact information, including, but not limited to, your phone number and email address; and (c) a statement that the above information is accurate and truthful and that the sender is the copyright owner or a person authorized to act on behalf of the owner.
3.11. Unseeded tips
Please note that we cannot accept unseated suggestions of any kind received directly or through MegaMTA employees or agents, including proposals for new products or improvements, names or technologies, advertising campaigns and marketing plans or other promotions. Please do not transmit to us (even through our employees) any unre requested material, suggestion, image or other work in any form ("Unre requested materials"). If not, you recognize and accept the following, regardless of any letter or other accompanying terms you may do:
- MegaMTA has no obligation to examine unin demand materials, nor to keep them confidential;
- MegaMTA reserves the right to hold, use, and redistribute Materials not required for any purpose, without any restrictions or obligations to acknowledge or compensate.
4. STANDARDS USED AND LIMITATION OF MEGAMTA LIABILITY
4.1. Our standards
MegaMTA shall make the maximum commitment required in carrying out its activities and ensure that it will use the care and competence that is reasonable to expect in the fulfilment of any obligation arising from this Agreement and will not violate any professional due diligence fee placed to oversee its business.
Section 4 shall apply as a matter of priority to all other sections of this Agreement and shall set out the limits of our liability for non-compliance, failure or delay in the execution of this Agreement, the Services, the Platform or any purchase (or part therein), or in any event in connection with this Agreement or its conclusion or execution.
4.3. What we are responsible for
Nothing in this Agreement will exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) gross negligence on our part; or (iv) any Liability that cannot be excluded or limited by applicable law. The Customer is in any case obliged to take all reasonable measures in order to avoid or limit any damage.
4.4. What we are not responsible for
Except as required by Clause 4.3, as our business consists in providing our Platform and related Services for non-commercial use of the same by the Customer, we will never be responsible for:
- loss of income or income;
- loss of current or expected profits;
- loss of opportunity;
- indirect or consequential loss ("consequential loss" means losses that are not known, expected or otherwise foreseeable").
5. YOUR OBLIGATIONS
5.1. Accuracy of information
You guarantee that all information provided at the time of Registration and contained within your Account is true, complete and accurate and if such information changes, you will notify you by promptly modifying your Account data.
5.2. Platform Content
It is your responsibility to verify that all information made available on the Platform meets your specific needs and is true.
5.3. What you can't do
Without limitation, you undertake not to use and not to allow others to use the Services or the Platform:
- to upload, send or receive any material, including your Content, that may be a good taste;
- to upload, send or receive any material, including Your Content, which is illegal, harmful, harmful, threatening, abusive, harassing, racist, homophobic, pornographic, violent, misleading, grossly offensive, indecent, obscene, blasphemous or defamatory or prejudicial, or infringing the rights of another natural or legal person, in contempt of court or in breach of trust, including copyright, trademarks, patents , personality rights, advertising or confidentiality or other rights of third parties;
- to upload, send or receive any material, including your Content, for which you have not obtained all the necessary licenses and/or approvals (from us or a third party) or that constitute or encourage conduct that could be considered a crime, from which criminal and/or civil liability would result, or would otherwise be contrary to the law or would in any case be contrary to the law or would tholele the rights of third parties, in any country of the world;
- to upload, send or receive materials that are technically harmful (including computer viruses, logic bombs, Trojan horses, worms, components, corrupted or harmful data, malicious software or anything else that may interrupt, interfere with, corrupt or otherwise cause loss, damage, destruction or limitations of the functionality of any software or computer equipment);
- to cause unjustified disturbance, accident or disturbance;
- to intercept or attempt to intercept communications transmitted through telecommunications systems;
- for a purpose other than the one for which we designed them or intended them;
- for any fraudulent purpose;
- in any way intended to incite hatred against any ethnic, religious or other minority or otherwise prejudicial to any person, natural or group or legal person.
5.4. Prohibited uses
The following uses of the Platform and Services are expressly prohibited and you undertake not to perform (or allow others to perform) any of the following activities:
- resell the Services or Platform;
- provide false data including fake names, addresses and contacts, fraudulently use credit/debit card numbers;
- attempt to circumvent our security measures or breach our network, for example by accessing data not intended for you, logging in to a server or account to which you are not expressly authorized to access or probe the security of other networks (e.g. via port scanning);
- access the Service (or platform) or perform any other activity in such a way as to subject our infrastructure to an unreasonable or disproportionate workload or that in any case interrupts or interferes with its functionality, efficiency and operation;
- carry out any form of network monitoring that intercepts data not intended for you;
- create or continue "letter chains" or other "pyramid schemes" of any kind, regardless of whether the recipient wishes, or not, to receive such messages;
- interact or enter into fraudulent agreements with Us, with a Seller (including interacting with or concluding agreements stating that they do so in the name and on behalf of a third party when you do not have the authority to bind that third party or by deceptively presenting you as a third party);
- use the Services or The Platform (or any relevant features of either), in violation of this Agreement;
- use the information contained in the e-mail header in an unauthorized manner, or falsify that information;
- engage in any illegal activity in connection with the use of the Services and/or the Platform;
- copy or use the Platform Content for commercial purposes.
The Services and use of the Platform do not include the provision of a computer or other device necessary to access the Platform or Services. To use the Platform or Services, you will need a proper internet connection. We will not be responsible for telephone charges, telecommunications charges or other costs you may incur.
6. RULES FOR USING SERVICES AND THE PLATFORM
6.1. Errors and omissions
We are not responsible for any errors or omissions if we have complied with the standards set out in Section Four of this Agreement. We will make reasonable efforts to correct any errors or omissions as soon as possible after receiving notification. We reserve the right to change, modify, replace, suspend or remove, without notice, any data and information on the Platform or parts of the Services from time to time.
6.2. Viruses and the like
We do not guarantee that the Services or Platform is free of viruses or any other harmful elements that may have a harmful effect on any technological device.
6.3. Interruption of access
Although we will seek to allow uninterrupted access to the Services and Platform, access to the Services and Platform may be suspended, restricted, or interrupted at any time. Access to the Platform and/or Services may also be occasionally restricted to allow the repair, maintenance or introduction of new facilities or services. We will try to restore access as quickly as possible. We also reserve the right to block access to any material and/or to modify or remove any material that, in our reasonable opinion, may result in a violation of this Agreement.
6.4. Closing Accounts
We reserve the right to close each user's Account that violates our Terms and Conditions of Use, even if you find that you are using proxy Internet Protocol (IP) addresses to attempt to conceal the use of multiple accounts, or if a user pretends to be located in a country other than the country where he or she actually resides. , or causes in any way disturbance to the operation of the Platform or Service.
6.5. Multiple Accounts
If you use more than one Account, if we decide to take action against you, those actions will affect all your Accounts.
7. SUSPEND AND RESOLUTION
If you use (or anyone else in your place and with your permission does use) the Services or Platform in violation of this Agreement, we may suspend, in whole or in part, the use of the Services and/or the Platform.
If we suspend the Services or the Platform, we may refuse to reinstate them until we have received reassurance from you, in a form we consider acceptable, that there will be no further violations of the provisions of this Agreement.
MegaMTA will cooperate fully with all relevant authorities requesting or ordering MegaMTA to disclose the identity or identify anyone who may have violated this Agreement.
7.4. Immediate resolution
Without prejudice to any other provision in this section 7, we are authorized at any time, (in whole or in part) to: i) suspend the Services and/or The Platform; ii) suspend your use of the Services and/or The Platform; iii) suspend the use of the Services and/or the Platform by subjects we believe are connected (in any way) to You; and/or (iv) terminate this Agreement immediately if:
- commit any violation of this Agreement;
- there are reasonable grounds to believe that you have committed, may commit, or will commit a violation of this Agreement;
- there are reasonable grounds to believe that you have committed, may commit or commit fraud against us or against any third party.
7.5. Resolution Agreement
Without prejudice to any other provision in this Section 7, we may terminate this Agreement at any time.
7.6. Duration resolution
The termination of this Agreement shall not affect any other rights or remedy available to us in connection with any violation, or in connection with any rights, obligations or responsibilities accrued prior to resolution.
8. PERSONAL DATA PROTECTION
8.1. Privacy e Cookies
9.1. Third parties
10. LINKS TO AND FROM OTHER SITES
10.1. External links
If the Platform contains links to sites and resources provided by third parties (collectively the "Other Sites"), links to these Other Sites are entered exclusively to provide information and exclusively for your convenience. We have no control over the Other Sites, and we assume no responsibility for the Other Sites or for the content or products of other Sites (including in connection with social media sites such as Facebook) and we take no responsibility for any loss or damage that may result from their use. If you decide to access one of the third-party Sites linked through links to the Platform, you assume the relative risk.
11. INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS
11.1. Rights and License
MegaMTA grants you a limited, personal, non-transferable, non-exclusive and revocable license to access and use the Platform under this Agreement and all other conditions and policies set by MegaMTA. All intellectual or industrial property rights (including copyrights, patents, trademarks, trade names, domain names, social media identifiers, drawings, registered or not) of the Platform and Services, (see section 11.4 below) materials, information and content on the Platform or used as part of the Services, any database managed by us , all design, text, graphics, software, photos, videos, music, sounds, data, and all software builds, underlying source code and software (including applets and scripts), as well as related selection, coordination, organization and improvement, remain our property (or that of our licensees). You will not be able to obtain, and will not have to attempt to obtain, any rights to such property. All rights are reserved.
No material listed in section 11.1 above, in whole or in part, may be reproduced, distributed, copied, modified, published, downloaded, displayed, posted, executed or transmitted in any form and by any means, sold, leased, resold, licensed or subliminated, used to create derivative works, or in any way exploited without the prior express written permission of MegaMTA or its owner, unless expressly established by applicable law. You can, however, retrieve and view platform content on your computer screen, store that content electronically (but not on a server or other storage device connected to a network). You may not reproduce, modify, copy, distribute, view, perform or use any of the Platform's materials, information or Content for commercial purposes without our permission. If the download, copy, redistribution, retransmission or publication of copyrighted material is permitted by law, you may not attribute to yourself the authorship of the material and/or you will not be able to make changes or deletions of any attribution of paternity. You recognize that you do not acquire any property rights by downloading copyrighted material. Any violation of such restrictions may result in a violation of copyright, trademark or other intellectual or industrial property rights that may be esased to civil and/or criminal sanctions. In addition, you will not be able to make any use that exceeds or violates the provisions of this Agreement.
MegaMTA owns trademarks, registered and unse registered, in many countries and "MegaMTA", MegaMTA logos and related variations on the Platform are trademarks owned by MegaMTA or its related entities and any use of these trademarks will benefit MegaMTA. "MegaMTA" is a registered trademark.
Ownership, property rights and intellectual or industrial property rights relating to Content accessible through the Platform and services are the property of the Content owner and may be protected by copyright laws, trademark protection or other applicable laws. This Agreement does not grant you any rights to such Content except for the licenses granted in this document.
With the exception of the User's Content, the authors of the literary and artistic works on the pages of the Platform have affirmed their right to be identified as the authors of such works.
Any material that you transmit or submit or place on the Platform (or otherwise to us) will be considered (and we may process it) as non-confidential and not owned by you, without prejudice to the application of Section 3, our obligations under personal data protection legislation, and save the data you provide for the purpose of making a payment. If for any reason, any part of that statement does not work for legal reasons, then for what you provide us, from any source, (e.g. by email, the Platform or any other) you grant us a free, perpetual, irrevocable, grantable right of use to third parties, total, transferable, non-exclusive, as well as the right to copy, modify adapt, translate, publish, distribute, display, and represent such materials anywhere in the world , and in any form, medium or technology, now known or developed in the future, and to sub-license these rights through multiple levels of sub-licensees, all without any compensation to you, for the purpose of operating the Platform and procuring the Services.