This contract, regulates the service exchange, between:
A) the USER (tourist) registering on the Metropolitanpass system for:
- Use of the APP called “Metropolitanpass” (MP) downloadable from Apple Store and Playstore. It is a software application developed to be used on electronic devices like Smartphones and Tablets.
- The related technological support of the Metropolitanpass platform
- The use of data, files and information and/or any “online” Document of electronic nature (hereinafter the “content”) stored in the APP
- The free license granted to USER to access the existing content on the date of activation of the APP “Metropolitanpass” and those that will be subsequently made available by the partners.
From now on USER
B) the actual holders of the Metropolitanpass system(MP):
- INFORMAMUSE S.r.l.
Company with registered office in Via Nunzio Morello, 20 – 90144 Palermo Italy – P. IVA: IT05866240822 enrolled in CCIAA of Palermo and Enna al R.E.A. N. 280902 Company registered at the Chamber of Commerce of Palermo and Enna-social capital: Euro 220,000 entirely Subscribed and poured – email@example.com
- CONFCOMMERCIO PALERMO Association of category with registered office in Via Emerico AMARI,
From now on “MP”
ACCEPTING THE TERMS AND CONDITIONS OF USE OF THE APP
By installing the APP and Content on the mobile device, USER acknowledges and agrees to these general terms and conditions. In the event that USER may not or would not accept any term or condition of the agreement, he shall not download, open and, in any event, install or use the APP in its own mobile device.
MP APP is free and consents the USER to find useful information about the metropolitan city, obtain cultural content and touristic information (food, shopping, transport services, museums, etc.) through the GPS localization of USER position.
MP offers to the merchants associated with Confcommercio PALERMO, a practical tool to create and publish offers and promotions related to the services and products sale, interacting with the USER (tourist).
Required and mandatory fields will be: 1) First name, 2) Last name, 3) Age, 4) Sex, 5) Email, 6) Password, 7) Country, 8) City, 9) Date of Start, 10) End of Stay 11) Used Means of Transport (airplane, train, car, bus). From the time of registration, the user can also use the service in offline mode, except for the “offers” section.
USER will be able to visit the main attractions of the metropolitan city, accessing the Area and choose the itinerary to follow, according to his interests or location: culture, food, historical shops and luxury Shopping. The routes can be navigated either directly on the map or in Augmented reality mode (AR).
The APP allows USER, to access the useful INFO section: surgeries, pharmacies, tourist infopoint, WiFi access, Amat Point, parking, car sharing, bike sharing, car rental, commissariats.
USER can receive PUSH notifications of promotions/offers in the radius of 2 km, from his location, and enjoy them through the APP. It is possible to start a telephone conversation with the operator via the associated “WhatsApp” number and check the reviews “Tripadvisor”, using the link in the same MERCHANT’s card.
SERVICES PROVIDED BY THIRD PARTIES
USER can use the services or content included in MP provided by third parties listed in the Credits section of the APP. Under no circumstances shall MP be liable in relation to the proper operation or availability, or both, of services provided by third parties.
THE SERVICE IS PROVIDED “AS IS”
The service is provided by MP “as is”, without any express or implied warranties as to its accuracy or availability.
CLEARING ACCOUNT AND CLOSING USER ACCOUNT
The registered user can deactivate his account, request cancellation or stop the service at any time through the MP interface or directly by contacting MP. MP, in the event of breach of these terms, reserves the right to suspend or terminate the user’s Account at any time and without notice.
INTERRUPTION OF SERVICE AND LIMITATIONS
MP reserves the right to add, remove functionality or features or suspend or stop the provision of the service, both temporarily and definitively. In the event of a final interruption, MP will act as much as possible to allow users to withdraw their information hosted at MP. MP reserves the right at any time to restrict access, modify or discontinue the service with or without notice to USER and will not be liable to USER for such modifications, suspensions or interruptions to the service.
RESALE OF THE SERVICE
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of MP and its services without the prior written permission of MP, guaranteed either directly or through a specific resale program.
USERS agree to keep MP (as well as any company from the same subsidiaries or affiliates, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any expenses Legal proceedings incurred to defend themselves in court, which may arise in the face of damages caused to other users or to third parties, in relation to the content uploaded to the MP APP, the violation of the terms of law or the terms of these conditions of service.
USE NOT ALLOWED
The service must be used as set forth in the Terms. Users cannot:
- Reverse engineer, decompile, disassemble, modify or create derivative works based on MP or any portion thereof;
- Circumvent the computer systems used by MP or its licensees to protect the content accessible through it;
- Copy, store, modify, change, prepare derivative works or alter any of the contents provided by MP in any way;
- Use any robot, spider, Search and/or site retrieval application, or any other device, process or automatic means to access, recover, scraping or index any portion of MP or its contents;
- Rent, license or sublicense MP;
- Defame, offend, harp, undermine, threaten or otherwise violate the rights (such as the right to privacy and publicity) of others;
- Disseminate or publish unlawful, obscene, unlawful, defamatory or inappropriate content;
- Use MP in any other improper manner such as to violate these terms.
All application, figurative or nominative trademarks, and all other signs, trade names, service marks, Word marks, trade names, illustrations, images, logos appearing concerning MP are and remain of MP exclusive property or its licensors and are protected by the applicable laws on trademarks and related international treaties. The trademarks relating to other companies are property of their respective owners.
Users claim to be of legal age according to their applicable legislation. Minors can only use MP with the assistance of a parent or guardian.
LIMITATIONS AND LIABILITY
MP, within the applicable law limits, is liable for damages of a contractual and non-negotiable nature to USERS or third parties only where they constitute immediate and direct consequence, by intent or gross negligence, of MP’s activity. USER expressly exclaims and raises MP from any liability, to the extent permitted by applicable law, in respect of any damages or claims of any kind and type of own and/or third parties including direct, indirect, punitive, incidental, Incidental, special, consequential damages arising from lost profits, loss of revenue, losses of data or replacement costs arising from or otherwise connected with this agreement.
CHANGES TO TERMS
MP, reserves the right to make changes to the terms at any time, giving notice to the USER through its publication within MP. USER who continues to use MP after the editing of the changes, accepts the new terms without reservation.
TRANSFER OF CONTRACT
MP, reserves the right to transfer, dispose of arrange for novation or sub-contracting all or some of the rights or obligations arising from the terms, provided that the rights of the user hereunder are not prejudiced. USER may not assign or transfer in any way his own rights or obligations under the terms without the written consent of MP.
All communications related to MP must be sent using the contact information indicated on the contract.
INEFFECTIVENESS AND PARTIAL NULLITY
If any terms clause should be void, invalid or ineffective, it will be removed while the others clauses will be not affected by this condition and remain fully effective.
APPLICABLE LAW AND JURISDICTION
These terms and all disputes concerning the execution, interpretation and validity of this agreement are subject to the law, the jurisdiction of the State and the exclusive jurisdiction of the Court of the place where the MP is located. Exception is the exclusive consumer forum, if the law provides for it.