TERMS AND CONDITIONS FOR USE
01.Introduction and Aim
The following Terms and Conditions (the “Conditions“) regulate every use on the part of the USERS of the PLATFORM http://app.penguinpass.it and the “PENGUINPASS” and “CHECK IN” APPs (the “DIGITAL PLATFORMS“) and the SERVICES offered and made available on the DIGITAL PLATFORMS by Sooeasy S.r.l. (the “COMPANY“) with legal offices in Milan at via Santa Tecla 4, postcode 20122, VAT code 08866100962.
Sooeasy is a group operating at an international level for the development of intelligent solutions linked to mobile payment geo location technology: the payment system tied to smartphones and in particular to geo localised transactions, working in Italy via the COMPANY, which oversees the software marketing and applications produced.
Sooeasy has developed a product consisting of the DIGITAL PLATFORMS (i.e. the free mobile “PENGUINPASS” and “CHECK IN” applications, and the PLATFORM http://app.penguinpass.it) which, using integrated and intelligent solutions of geolocated mobile payments and wireless mobile device recognition (including tablets and smartphones), allows ticketing and reserved and managed access to structures, cultural EVENTS and entertainment (“SERVICES“).
The USERS are asked to read the CONDITIONS carefully.
The DIGITAL PLATFORMS and SERVICES will be made available and provided to the USERS after they have accepted the CONDITIONS herein.
The COMPANY reserves the right, at its exclusive discretion, without warning and/or communication, to change or substitute one or any of the CONDITIONS, and/or change, suspend, limit and/or interrupt the SERVICES offered. It is the USER’s responsibility to periodically check the CONDITIONS.
Using the DIGITAL PLATFORM and SERVICES after such changes means full acceptance of the CONDITIONS in their modified version and their inherent obligations.
FAST ACCESS: the rapid access method to inside the event thanks to use of the APP and guaranteed by the ORGANISER via an entrance path that he himself has previously reserved;
APPs: distributed mobile applications, called “PENGUINPASS” and “CHECK IN” on which the COMPANY has full disposition and commercial exploitation rights, made available in key “Stores” of the respective operating systems (with particular reference to world iOS and Android);
EVENT: a cultural or entertainment event, free or on payment, exempt or subject to SIAE;
ORGANIZER: the user of the PLATFORM and of the APP “CHECK IN” that organizes and manages the free or paid entry, exempt or subject to SIAE, to an EVENT within a public or private space;
PLATFORM: the online platform, http://app.penguinpass.it, designed for the creation and management of EVENTS;
PRODUCT: the set of the PLATFORM, the APPs and the SERVICES;
CONSUMER USER: sthe user of the “PENGUINPASS APP”;
USER: the subject, generic user of the PRODUCT, regardless of its CONSUMER USER or ORGANIZER USER nature.
03.PLATFORM and APP operation
The PLATFORM interfaces via the APP to allow the ORGANISER to:
– geo localise the EVENT;
– eventual Check In management;
– eventual load the list of invitees (white list);
– load the EVENT’s personalised icon;
– obtain the final report at the end of the EVENT.
The APPs interface via the PLATFORM to allow the CONSUMER USER to:
– search for the EVENT;
– approve the EVENT;
– take advantage of the ticketing service;
– recognise the event automatically and have FAST ACCESS to the EVENT site
04.USER registration-PRODUCT use
The USER expressly recognises that the COMPANY has the right to retain and use what the ORGANISER has issued on the PLATFORM and any data or information provided by the COMPANY or published about the PRODUCT, even possible removal of the same.
The COMPANY exclusively authorises entering and collecting adult USER information according to the legislation applicable to them.
At the end of the registration process, the USER needs to provide information that is truthful, exact, complete and up to date.
The USER will receive all the instructions necessary to complete the registration operation. The USER must undertake to communicate to the COMPANY promptly if there are any changes regarding the email address with which they registered, or any other changes.
The USER undertakes to take extra care with his password, the alphanumerical code necessary to enjoy the PRODUCT, and see to their safekeeping without sharing them or making them available to others.
In order to take advantage of the SERVICES, it is necessary to download the free “PENGUINPASS” APP and create an account, thanks to which it will be possible to search for and identify EVENTS they are interested in, approve of them and use the ticketing service.
To completely use the SERVICES offered by the COMPANY, use of the free APP “PENGUINPASS” is required, after prior activation on one’s own Bluetooth device and geo location.
The COMPANY can access a foreign supplier for ticketing service disbursement and to the USER conditions subject to the same regulations concerning purchase of access tickets.
The terms and conditions on privacy for the supplier of the ticketing service apply to the CONSUMER USER’s purchases, so it is necessary that they understand and accept these terms.
The COMPANY will not be held responsible in case there are confirmation problems with the purchase.
The CONSUMER USER, proceeding to the purchase of an entrance ticket via the PENGUINPASS APP declares to accept unconditionally and undertake to respect the provisions in these CONDITIONS and (where applicable) the terms and CONDITIONS of foreign supplier sales.
With the downloading and registration of the “PENGUINPASS” APP between the COMPANY and the CONSUMER USER, a supplier contract is established for SERVICES regulated by these CONDITIONS, from the various prescriptions in the individual stages of the distance purchasing process, where applicable, and from the warnings on the entrance ticket purchased.
The CONSUMER USER can at any time uninstall the “PENGUINPASS” APP from their device, temporarily or definitively interrupting use of the PRODUCT and the SERVICES provided by the COMPANY.
When proceeding to purchase of an entrance ticket via the “PENGUINPASS” APP, the CONSUMER USER establishes a sales/purchase contract with the ORGANISER, to the effect of the supply of the SERVICES offered by the COMPANY; these contracts are overseen by these conditions, by the various prescriptions indicated in the individual stages of the distance purchasing process, and by the warnings on the entrance ticket purchased.
The contractual rapport relating to ticket purchase and accessing EVENTS by the CONSUMER USER exists exclusively between the CONSUMER USER and the ORGANISER of the relative EVENT.
In order to take advantage of the COMPANY’s offers, free enrolment to the PLATFORM is required, the creation of an account and paid downloading the “CHECK IN” APP on tablets.
The ORGANISER is allowed to create and organise their own EVENTS as well as sending invitations to these same to the CONSUMER USER via the PLATFORM.
Using the “CHECK IN” APP, the ORGANISER is allowed to manage access, in proximity to the EVENT’s location, of the CONSUMER USER invited or in possession of a valid entrance ticket to the same.
The ORGANISER undertakes to create and maintain a lane reserved to the “PENGUINPASS” APP CONSUMER USERS for fast access (FAST ACCESS) thanks to which the CONSUMER USER can jump the queue to the EVENT’s entry.
The ORGANISER is responsible for all the activities relating to their own ID, for maintaining their own password confidentiality and for any content, they place on the PLATFORM. Where the ORGANISER is aware of any unauthorised use of their registration data, the ORGANISER agrees to immediately notify the COMPANY of this.
The ORGANISER undertakes to not publish the contents that could:
a. commit or abet a crime or illegal act;
b. contain information that cannot be divulged according to the law;
c. cocontain any damaging information or reference, sexually and/or religiously and/or ethnically offensive, defamatory, harmful, humiliating, libellous, threatening, invasive with regard to privacy;
d. create a physical, moral or mental, total or partial, risk to persons or animals;
e. create a risk of loss or damage to persons or property;
f. contain viruses, information codes, files or other programs meant and/or destined to destroy, damage or interfere with the proper operation of the PRODUCT, intercept or appropriate third party personal data or information, delete telematic correspondence and other third party documents;
g. contain data sensitive to themselves or others;
h. contain deliberately incorrect, obsolete, modified or counterfeit information.
Once having access to the PRODUCT, the ORGANISER accepts not to:
a. persecute or molest other Consumer users;
b. collect the personal data of other CONSUMER USERS for marketing, illegal, persecutory or harmful ends;
c. irrelevant content, repeatedly send content identical or otherwise analogous to what would impose an unreasonable or disproportionate load to the platform’s infrastructure;
d. undertake in any activity that discredits the quality or compromises the PRODUCT’s operability;
e. publish any illegal service or distribution of all the components which sale is prohibited or limited by any existing law;
f. start any commercial activity that has not been approved in writing by the COMPANY.
The ORGANISER will not be able to issue on the PLATFORM personal data and/or that of third parties without having previously acquired the express consent of the concerned party about personal data and to communication with the same to third parties, indemnifying the COMPANY from all responsibility in that sense.
The COMPANY undertakes to keep the PRODUCT constantly updated, using the technical and organisational features in order to protect the personal information from accidental loss, from unauthorised access or disclosure.
The USER is aware and accepts that the SERVICES can include copyrighted materials and information, brands, patents, marketing secrets and other intellectual property rights.
The USER therefore undertakes to respect these rights and not in any way compromise the rightful owner’s exercise thereof.
The COMPANY reserves the right to close the account of any ORGANISER who violates the intellectual property rights of others.
The ORGANISER guarantees that the contents that they themselves have published about the PRODUCT does not violate any third party rights, including unlimited ones, that relate to intellectual property, publicity and privacy.
The PRODUCT, considered in its entirety, is protected by the laws on authors’ rights, registered trademarks, designs and models, on domain names and/or other industrial property and intellectual rights and the COMPANY’s property.
The “PENGUINPASS” and “SOOEASY” trademarks and all the other distinctive signs that are features of and tied to the COMPANY are in the PRODUCT, whether registered or not, and are COMPANY trademark products and/or SERVICES.
07.Limitations of responsibility
The COMPANY makes use of foreign suppliers from the top levels of professionalism to back up the disbursement of its SERVICES.
The COMPANY guarantees PRODUCT operation according to the technical characteristics involved, according to the standards of Store principles for online applications and assumes the charges to maintain, update and adapt them.
However, the COMPANY will not in any case be responsible for incidental damages or those in consequence of or dependent on a malfunctioning applications and especially for any loss of the ORGANISER’s earnings, unless for conduct directly imputable to the same.
In particular, the COMPANY does not guarantee that the DIGITAL PLATFORM and related SERVICES are compatible with the USER’s equipment or that they might be free of errors, viruses and/or operational defects.
The COMPANY is not responsible for damages incurred because of these errors, viruses and/or operational defects.
The COMPANY is not in any case responsible for service offers malfunction caused by phone or electrical line breakdowns, by on line transmission tools, overloads, interruptions or any cause that does not depend on its behaviour.
The COMPANY is not responsible for the veracity of the information supplied by the ORGANISER, and in any case, it is not responsible for damages and prejudice that the CONSUMER USER can experience by fact and fault of the ORGANISER itself.
COMPANY is not responsible for activities that the ORGANISER operates on other sites, portals, social networks or in any case, for on-or-off line SERVICES offered.
The ORGANISER is responsible for the above published contents, for all activities linked to their personal use of the PLATFORM, including any damages or losses caused by their actions to third party damage.
The ORGANISER is outside any controversies, negotiations or disputes that should arise between the CONSUMER USER and the ORGANISER, or between the USER and/or the ORGANISER and third parties. .
In case of controversy, the USER expressly exonerates the COMPANY, its operatives, its employees, ombudsmen, damages and requests of all types, known and unknown, suspect or not, divulged or not, deriving directly and even indirectly from these controversies.
The USER recognises that the COMPANY and/or their collaborators and/or suppliers, and/or sub-contractors and/or agents are not responsible for damages of any nature deriving from the use or not of the PRODUCT and SERVICES relating to them, including loss of marketing opportunity, loss in earnings, data, except in the case of wilful or serious fault. In addition, they are not responsible for damages of any type caused by errors relating to the PRODUCT and related SERVICES on the part of the USER, as well as malfunctioning of the connecting equipment used.
The COMPANY is in no way responsible for the contents of postal service in third party internet sites the user must access via the links posted inside the PRODUCT.
Under no circumstances is the COMPANY and/or its collaborators, suppliers, sub-contractors and agents to be held responsible for any damage, direct or indirect, for loss of earnings and emerging damage that the USER or third parties should be subjected to, that derive from using the PRODUCT and the related SERVICES or from other websites connected to it, including without limitations, the damages for loss of marketing opportunities, loss of profits or invoicing, interruption of professional or COMPANY loss, loss of programs or other data on the USERS’ IT or other systems; this also applies to whatever the COMPANY has expressly been informed of the possibility of confirming these damages.
The COMPANY reserves the right to inhibit or prohibit or suspend, at any time and without warning, access to the PRODUCT.
The COMPANY can be contacted for any question, information and clarification inherent to the PRODUCT, the SERVICES and/or to these CONDITIONS, at the email address firstname.lastname@example.org.
09.Applicable laws and competent forums
These CONDITIONS and SERVICES supplied to the USERS are overseen by Italian law, to the exclusion of laws on legal conflicts.
For any controversy arising from the interpretation, application and execution of these CONDITIONS, the competent, exclusive forum is Milan.