TERMS & CONDITIONS
IMPORTANT: AS PREVIOUSLY REPORTED, THE SERVICE HAS BEEN INTERRUPTED
INDEX
1.RECITALS
2. DEFINITIONS
3. ACCESS TO SVECTOR
4. ACCEPTANCE, EFFICACY AND WITHDRAWAL
5. USER: PERSONAL DATA, ACCOUNT AND PASSWORD
6. MY PROFILE
7. FUNCTIONING OF THE SVECTOR PLATFORM
8. EXTRANEOUSNESS OF THE PROPRIETOR IN THE INTERNAL WISHER AND TRAVELER DEALINGS – EXCLUSION OF APPROVAL OF THE INFORMATION ISSUED BY THE USER ON SVECTOR
9. OBLIGATIONS OF THE USER – INDEMNIFICATION SUSPENSION AND CANCELLATION OF THE ACCOUNT
10. MODIFICATION, SUSPENSION AND INTERRUPTION OF THE SVECTOR
11. LIMITATION OF THE GUARANTEE AND RESPONSIBILITY
12. ASSIGNMENT AND DELEGATION
13. AMENDMENT OF THE TERMS AND CONDITIONS OF THE AGREEMENT – AMENDMENT OF THE OFFER
14. RIGHT AND USAGE LICENCE
15. SVECTOR APPLICATION LICENCE
16. PRIVACY
17. MISCELLANEOUS
18. APPLICABLE LAW AND JURISDICTION
19. REFERENCE LAW
TERMS & CONDITIONS
IMPORTANT: AS PREVIOUSLY REPORTED, THE SERVICE HAS BEEN INTERRUPTED
INDEX
1. RECITALS
2. DEFINITIONS
3. ACCESS TO SVECTOR
4. ACCEPTANCE, EFFICACY AND WITHDRAWAL
5. USER: PERSONAL DATA, ACCOUNT AND PASSWORD
6. MY PROFILE
7. FUNCTIONING OF THE SVECTOR PLATFORM
8. EXTRANEOUSNESS OF THE PROPRIETOR IN THE INTERNAL WISHER AND TRAVELER DEALINGS – EXCLUSION OF APPROVAL OF THE INFORMATION ISSUED BY THE USER ON SVECTOR
9. OBLIGATIONS OF THE USER – INDEMNIFICATION SUSPENSION AND CANCELLATION OF THE ACCOUNT
10. MODIFICATION, SUSPENSION AND INTERRUPTION OF THE SVECTOR
11. LIMITATION OF THE GUARANTEE AND RESPONSIBILITY
12. ASSIGNMENT AND DELEGATION
13. AMENDMENT OF THE TERMS AND CONDITIONS OF THE AGREEMENT – AMENDMENT OF THE OFFER
14. RIGHT AND USAGE LICENCE
15. SVECTOR APPLICATION LICENCE
16. PRIVACY
17. MISCELLANEOUS
18. APPLICABLE LAW AND JURISDICTION
19. REFERENCE LAW
WHEREAS
1) Svector the social vector, (hereinafter also Svector), is a social delivery platform which places people in contact, on the one hand, who need to receive a good (Wisher), and on the other hand, individuals who are willing to transport the same and/or purchase and transport it (Traveler), on a non-professional and non-commercial basis, whose purpose is to further the promotion of interpersonal relationships. The Users autonomously agree on the timescales and the transport and/or purchase formalities of the good. Via Svector, the Users limit themselves to establishing whether they prefer to share the costs for transporting the good or whether to share a “social benefit” or rather whether the transportation of the good is made free-of-charge by way of pure spirit of donation.
It is understood that Svector is exclusively a social platform via which any economic transaction between the Users is prohibited.
In order to achieve this objective, Svector offers a matching service which finds the compatible combinations between a good that a User wishes to receive with the scheduled journeys of other Users.
This Service can be availed of via an on-line digital platform accessible via the Internet on mobile devices, on which the Users can meet and organise themselves for the receipt and the transportation of objects and/or assets and/or goods.
The functioning of Svector takes place under the terms as per the User Guide which represents an integral and essential part of this Agreement.
2) The general terms and conditions for use are indicated below, (hereinafter Agreement and/or Conditions); they refer to and regulate the use of Svector provided free-of-charge by Silvia Marta Flavia Di Stefano (hereinafter also the Proprietor), also in the capacity of licensee, under the terms herein, and provided by the same to the Registered Users (as defined herein) within the platform.
The Conditions in force are published and may be, at any time, checked using the specific link present on the platform and on the website www.svector.net.
These Conditions have been drawn up also in accordance with Italian Legislative Decree No. 206/2005, Consumer Code, and the User, pursuant to and for the purposes of said decree, is obliged to keep them.
3) Compliance with the Conditions and use of Svector presupposes contractual capacity and that the Users are of age.
It also presupposes the possession of the following requisites by the individuals:
– they are not competitors of Svector or they do not use the Service for reasons which are in competition with the same. The assessment of this requisite is left to the unquestionable and discretional opinion of the Proprietor;
– they are not a professional who uses Svector for their own work purposes and/or to obtain sums, which for any reason represent taxable income;
– they have not been suspended from the Svector platform;
– they have not been ejected from the Svector platform, with consequent cancellation of the Account;
– they are not in possession of several accounts.
4) Svector offers its Users the possibility, within the limits and according to the terms as per these Conditions, to: find the matching between Wisher and Traveler (as defined herein); organise the exchange of goods making the needs of the User who must receive a good coincide with the willingness of another User to travel and transport the same, on a non-professional and non-commercial basis.
The Service is managed for all purposes of the law by the Proprietor.
5) In order to access Svector, it is necessary to open a Personal Account, by means of correct and truthful accomplishment of the Registration procedure filling in the specific form contained in the “Register” section.
6) By means of this Registration, the Users declare that they have read and expressly accept these Conditions without reservation, inclusive of the fulfilments of the obligations concerning Privacy, and this acceptance will take place by means of ticking the box “I have read and I agree to the Terms and Conditions, Privacy Policy, User Guide for Svector the social vector”.
They also declare that they have read and expressly accept the individual clauses and provisions at the bottom of the Conditions without reservation, pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, by means of ticking the box “I have read and I agree to the Terms and Conditions, Privacy Policy, User Guide for Svector the social vector”.
Consequently, they formally undertake without reservation to observe the same; otherwise, the Users will not be authorised to access the Svector platform.
7) The acceptance of the conditions is valid as a proposal. The agreement will be finalised at the time and in the place where Silvia Marta Flavia Di Stefano manifests her will to accept, also de facto, or rather make access to the platform and the fruition of Svector available to the Users.
8) Having received the disclosure pursuant to Italian Legislative Decree No. 196 dated 30 June 2003, the Privacy Code, and to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, ticking the box mentioned earlier, the User gives their consent to the processing of their personal data, freely provided, for the purposes specified in the disclosure found in a specific window again at the end of these Conditions.
9) The Proprietor may be contacted for any requests and/or communications at the following points of contact:
– domicile for tax purposes: piazza Giovanni Perego, 8, 20154 – Milan, Italy;
– email: hello@svector.net
WHEREAS
1) Svector the social vector, (hereinafter also Svector), is a social delivery platform which places people in contact, on the one hand, who need to receive a good (Wisher), and on the other hand, individuals who are willing to transport the same and/or purchase and transport it (Traveler), on a non-professional and non-commercial basis, whose purpose is to further the promotion of interpersonal relationships. The Users autonomously agree on the timescales and the transport and/or purchase formalities of the good. Via Svector, the Users limit themselves to establishing whether they prefer to share the costs for transporting the good or whether to share a “social benefit” or rather whether the transportation of the good is made free-of-charge by way of pure spirit of donation.
It is understood that Svector is exclusively a social platform via which any economic transaction between the Users is prohibited.
In order to achieve this objective, Svector offers a matching service which finds the compatible combinations between a good that a User wishes to receive with the scheduled journeys of other Users.
This Service can be availed of via an on-line digital platform accessible via the Internet on mobile devices, on which the Users can meet and organise themselves for the receipt and the transportation of objects and/or assets and/or goods.
The functioning of Svector takes place under the terms as per the User Guide which represents an integral and essential part of this Agreement.
2) The general terms and conditions for use are indicated below, (hereinafter Agreement and/or Conditions); they refer to and regulate the use of Svector provided free-of-charge by Silvia Marta Flavia Di Stefano (hereinafter also the Proprietor), also in the capacity of licensee, under the terms herein, and provided by the same to the Registered Users (as defined herein) within the platform.
The Conditions in force are published and may be, at any time, checked using the specific link present on the platform and on the website www.svector.net.
These Conditions have been drawn up also in accordance with Italian Legislative Decree No. 206/2005, Consumer Code, and the User, pursuant to and for the purposes of said decree, is obliged to keep them.
3) Compliance with the Conditions and use of Svector presupposes contractual capacity and that the Users are of age.
It also presupposes the possession of the following requisites by the individuals:
– they are not competitors of Svector or they do not use the Service for reasons which are in competition with the same. The assessment of this requisite is left to the unquestionable and discretional opinion of the Proprietor;
– they are not a professional who uses Svector for their own work purposes and/or to obtain sums, which for any reason represent taxable income;
– they have not been suspended from the Svector platform;
– they have not been ejected from the Svector platform, with consequent cancellation of the Account;
– they are not in possession of several accounts.
4) Svector offers its Users the possibility, within the limits and according to the terms as per these Conditions, to: find the matching between Wisher and Traveler (as defined herein); organise the exchange of goods making the needs of the User who must receive a good coincide with the willingness of another User to travel and transport the same, on a non-professional and non-commercial basis.
The Service is managed for all purposes of the law by the Proprietor.
5) In order to access Svector, it is necessary to open a Personal Account, by means of correct and truthful accomplishment of the Registration procedure filling in the specific form contained in the “Register” section.
6) By means of this Registration, the Users declare that they have read and expressly accept these Conditions without reservation, inclusive of the fulfilments of the obligations concerning Privacy, and this acceptance will take place by means of ticking the box “I have read and I agree to the Terms and Conditions, Privacy Policy, User Guide for Svector the social vector”.
They also declare that they have read and expressly accept the individual clauses and provisions at the bottom of the Conditions without reservation, pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, by means of ticking the box “I have read and I agree to the Terms and Conditions, Privacy Policy, User Guide for Svector the social vector”.
Consequently, they formally undertake without reservation to observe the same; otherwise, the Users will not be authorised to access the Svector platform.
7) The acceptance of the conditions is valid as a proposal. The agreement will be finalised at the time and in the place where Silvia Marta Flavia Di Stefano manifests her will to accept, also de facto, or rather make access to the platform and the fruition of Svector available to the Users.
8) Having received the disclosure pursuant to Italian Legislative Decree No. 196 dated 30 June 2003, the Privacy Code, and to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, ticking the box mentioned earlier, the User gives their consent to the processing of their personal data, freely provided, for the purposes specified in the disclosure found in a specific window again at the end of these Conditions.
9) The Proprietor may be contacted for any requests and/or communications at the following points of contact:
– domicile for tax purposes: piazza Giovanni Perego, 8 , 20154 – Milan, Italy;
– email: hello@svector.net
The following is agreed on and drawn up:
1. RECITALS
The recitals form an integral and essential requirement of these Conditions.
The following is agreed on and drawn up:
1. RECITALS
The recitals form an integral and essential requirement of these Conditions.
2. DEFINITIONS
The words and expressions indicated in this Agreement have the meaning agreed on and defined herein:
− User: understood to be the individual, resident in one of the EU countries in which Svector is downloadable, over the age of 18, who acts for non-professional purposes, outside their professional and/or commercial activities. The User expressly acknowledges this declaration and guarantee to be an essential condition of these Conditions; subject to the correct and truthful registration of their Data, the same accepts these Conditions and become part of the Community.
− Registration: this is understood to be the procedure by means of which each User provides their Data for the creation of an Account; chooses their authentication and/or authorisation credentials for the protection of said Account, via which they can access Svector and/or amend the Data each time they want to and/or it will be necessary to and in a protected manner; validates the conferred Data, following the instructions contained in an e-mail received in response to the sending of this Data and the simultaneous acceptance of these Conditions and the Privacy requirements.
− Data: this is understood to be the information forwarded by each User to the platform in the various stages of the Registration and necessary for accessing the Service and, in general, for the execution of the fulfilments disciplined by these Conditions, such as, by way of example and not limited to: name and surname; residence and/or domicile; e-mail address; telephone number; personalised authentication and/or authorisation credentials (ID and password); tax code; any other personal information relating to the User, such as other contact information, nationality, qualifications, CV, etc.
− Account: this is understood to be the authentication and/or authorisation system, necessary for accessing the Service, created by each individual User by means of Registration and protected by personalised credentials. The Account must be handled exclusively by said Users and is not, in any event, directly and/or indirectly, transferable and/or usable by the other Users and/or by third parties.
− My Profile (hereinafter also My Profile area): this is understood to be the web space accessible via login and password, via which the User can handle their Account, their data, interaction with the other Users and with Svector.
− Svector the social vector (Svector): this is understood to be the name of the platform and the service which can be used on the same.
− Proprietor: understood to be Silvia Marta Flavia Di Stefano, proprietor of the Svector platform and the service which can be used on the same.
− Service: this is understood to be all the main functions of Svector, such as My Profile, the My Wishlist section, My Travels, the Feedback section.
− Community: this is understood to be all the Users registered with the Svector platform.
− Traveler: this is understood to be the User willing to transport and deliver and/or purchase, transport and deliver a good to one or more Users of the Community, by means of the use of public and/or private transport. By means of signing this Agreement, the User duly notes that, in the capacity of Traveler, they perform on an occasional basis the transport and delivery and/or purchase, transport and delivery service for the goods, merely by way of courtesy and solidarity in exchange for which they may possibly share the transport costs and/or share a “social benefit,” subject to the full reimbursement of the costs for the possible purchase of the good.
The Traveler cannot carry out transportation activities at professional level and/or for profit, the latter being understood to be any amount which exceeds the participation in the costs incurred for the transportation of the good.
− Wisher: understood to be the User who needs to receive the good. By means of entering into this Agreement, the User duly notes that, in the capacity as Wisher, they are and remain the sole party responsible vis-à-vis the Traveler, with regard to civil, criminal and administrative law, regarding the transportation and/or purchase and transportation indications for the good.
− Wish: this is understood to be the good which the Wisher wants to receive, commissioning the Traveler with the transport and delivery and/or purchase, transport and delivery of said good. It is understood that the good must be a licit, determinate and/or determinable object, in compliance with current civil, criminal and administrative legislation.
− My Wishlist: this is understood to be the section of the application where it is possible to add, view, change or cancel a Wish and receive notification on possible matchings. It is understood that adding a Wish in this section, the Wisher also undertakes to load a descriptive photo of said Wish.
− Travel: this is understood to be the travel itinerary which a Traveler intends to follow.
− My Travels: this is understood to be the section of the application where it is possible to add, view, change or cancel a Travel/ Frequent route and receive notification on possible matchings.
− Frequent route: this is understood to be a Traveler’s availability on a route repeated at least a couple of times a year.
− Latest date for the travel: expected date by which the Traveler will make the travel.
− Travel expenses: these are understood to be those costs for the transportation and delivery of the Wish, agreed with the Wisher in advance and on a forfeit basis, such as by way of example but not limited to: purchase of tickets for alternate means of transport to a private vehicle; fuel, vehicle maintenance, tolls, any damages, consumables, pro rata insurance fee and necessary for preparing the vehicle to undertake the transportation of the package and for returning it to the state in which it was found before making the trip.
− Social benefit: these are understood to be all those experiences of a social nature, agreed in advance with the Traveler, which the Wisher offers to share with said Traveler in exchange for the transportation of the Wish and in place of participation in the travel costs, such as merely by way of example and not limited to: a guided visit of their town/city, dinner at a restaurant, a ticket to an exhibition and/or musical and/or theatre show and/or cinema ticket.
− Feedback: this is understood to be the comment and the score regarding appreciation left by the User who has come into contact with another User further to the receipt/transportation of a Wish.
− Agreement: this is understood to include these Conditions and the subsequent contracts and/or agreements, including therein the User Guide and any subsequent attachments which form an integral and essential part of the same, by means of which the same will have to be amended, supplemented or renewed, all documents which the User is obliged to print out and keep.
− Party/ Parties: these are understood to be, for the Agreement, the Proprietor, the User or the Users, the Traveler, the Wisher, according to the context in which the expression is used.
− Content: understood to be the information, texts, photographs, images, messages or any other element which can be loaded onto the platform on My Profile, in the My Wishlist, My Travels section, by a User.
− User Guide: this is understood to be the document inherent to the internal rules of functioning of the Community which the users of the platform are obliged to observe.
− Privacy Policy: this is understood to be the document valid as disclosure, containing all the information inherent to the use and the processing of personal data by Svector.
− FAQ: understood to be the list of answers to the most frequent questions relating to the content and/or functioning of the Svector platform.
2. DEFINITIONS
The words and expressions indicated in this Agreement have the meaning agreed on and defined herein:
− User: understood to be the individual, resident in one of the EU countries in which Svector is downloadable, over the age of 18, who acts for non-professional purposes, outside their professional and/or commercial activities. The User expressly acknowledges this declaration and guarantee to be an essential condition of these Conditions; subject to the correct and truthful registration of their Data, the same accepts these Conditions and become part of the Community.
− Registration: this is understood to be the procedure by means of which each User provides their Data for the creation of an Account; chooses their authentication and/or authorisation credentials for the protection of said Account, via which they can access Svector and/or amend the Data each time they want to and/or it will be necessary to and in a protected manner; validates the conferred Data, following the instructions contained in an e-mail received in response to the sending of this Data and the simultaneous acceptance of these Conditions and the Privacy requirements.
− Data: this is understood to be the information forwarded by each User to the platform in the various stages of the Registration and necessary for accessing the Service and, in general, for the execution of the fulfilments disciplined by these Conditions, such as, by way of example and not limited to: name and surname; residence and/or domicile; e-mail address; telephone number; personalised authentication and/or authorisation credentials (ID and password); tax code; any other personal information relating to the User, such as other contact information, nationality, qualifications, CV, etc.
− Account: this is understood to be the authentication and/or authorisation system, necessary for accessing the Service, created by each individual User by means of Registration and protected by personalised credentials. The Account must be handled exclusively by said Users and is not, in any event, directly and/or indirectly, transferable and/or usable by the other Users and/or by third parties.
− My Profile (hereinafter also My Profile area): this is understood to be the web space accessible via login and password, via which the User can handle their Account, their data, interaction with the other Users and with Svector.
− Svector the social vector (Svector): this is understood to be the name of the platform and the service which can be used on the same.
− Proprietor: understood to be Silvia Marta Flavia Di Stefano, proprietor of the Svector platform and the service which can be used on the same.
− Service: this is understood to be all the main functions of Svector, such as My Profile, the My Wishlist section, My Travels, the Feedback section.
− Community: this is understood to be all the Users registered with the Svector platform.
− Traveler: this is understood to be the User willing to transport and deliver and/or purchase, transport and deliver a good to one or more Users of the Community, by means of the use of public and/or private transport. By means of signing this Agreement, the User duly notes that, in the capacity of Traveler, they perform on an occasional basis the transport and delivery and/or purchase, transport and delivery service for the goods, merely by way of courtesy and solidarity in exchange for which they may possibly share the transport costs and/or share a “social benefit”, subject to the full reimbursement of the costs for the possible purchase of the good.
The Traveler cannot carry out transportation activities at professional level and/or for profit, the latter being understood to be any amount which exceeds the participation in the costs incurred for the transportation of the good.
− Wisher: understood to be the User who needs to receive the good. By means of entering into this Agreement, the User duly notes that, in the capacity as Wisher, they are and remain the sole party responsible vis-à-vis the Traveler, with regard to civil, criminal and administrative law, regarding the transportation and/or purchase and transportation indications for the good.
− Wish: this is understood to be the good which the Wisher wants to receive, commissioning the Traveler with the transport and delivery and/or purchase, transport and delivery of said good. It is understood that the good must be a licit, determinate and/or determinable object, in compliance with current civil, criminal and administrative legislation.
− My Wishlist: this is understood to be the section of the application where it is possible to add, view, change or cancel a Wish and receive notification on possible matchings. It is understood that adding a Wish in this section, the Wisher also undertakes to load a descriptive photo of said Wish.
− Travel: this is understood to be the travel itinerary which a Traveler intends to follow.
− My Travels: this is understood to be the section of the application where it is possible to add, view, change or cancel a Travel/ Frequent route and receive notification on possible matchings.
− Frequent route: this is understood to be a Traveler’s availability on a route repeated at least a couple of times a year.
− Latest date for the travel: expected date by which the Traveler will make the travel.
− Travel expenses: these are understood to be those costs for the transportation and delivery of the Wish, agreed with the Wisher in advance and on a forfeit basis, such as by way of example but not limited to: purchase of tickets for alternate means of transport to a private vehicle; fuel, vehicle maintenance, tolls, any damages, consumables, pro rata insurance fee and necessary for preparing the vehicle to undertake the transportation of the package and for returning it to the state in which it was found before making the trip.
− Social benefit: these are understood to be all those experiences of a social nature, agreed in advance with the Traveler, which the Wisher offers to share with said Traveler in exchange for the transportation of the Wish and in place of participation in the travel costs, such as merely by way of example and not limited to: a guided visit of their town/city, dinner at a restaurant, a ticket to an exhibition and/or musical and/or theatre show and/or cinema ticket.
− Feedback: this is understood to be the comment and the score regarding appreciation left by the User who has come into contact with another User further to the receipt/transportation of a Wish.
− Agreement: this is understood to include these Conditions and the subsequent contracts and/or agreements, including therein the User Guide and any subsequent attachments which form an integral and essential part of the same, by means of which the same will have to be amended, supplemented or renewed, all documents which the User is obliged to print out and keep.
− Party/ Parties: these are understood to be, for the Agreement, the Proprietor, the User or the Users, the Traveler, the Wisher, according to the context in which the expression is used.
− Content: understood to be the information, texts, photographs, images, messages or any other element which can be loaded onto the platform on My Profile, in the My Wishlist, My Travels section, by a User.
− User Guide: this is understood to be the document inherent to the internal rules of functioning of the Community which the users of the platform are obliged to observe.
− Privacy Policy: this is understood to be the document valid as disclosure, containing all the information inherent to the use and the processing of personal data by Svector.
− FAQ: understood to be the list of answers to the most frequent questions relating to the content and/or functioning of the Svector platform.
3. ACCESS TO SVECTOR
The main functions of Svector are described and specified in the User Guide.
To access and use Svector, the User must have or in any event equip themselves with, directly and at their exclusive diligence and expense, devices, equipment, programmes and technologies necessary for establishing the connection with said Svector. Accordingly, the User guarantees that it has the ownership and/or the licences and/or in any event has obtained consent for the use of the mobile devices and/or hardware and software components necessary for using Svector. The direct and/or indirect costs relating to the connection for the purposes of use of Svector are understood to be payable exclusively by the User.
In no event may either the Proprietor or Svector be held liable for the failure to and/or inexact fulfilment by the User of any legal and regulatory procedure necessary or, in any event, required for using the functions of the platform envisaged by this Agreement.
The User will have to strictly comply with the method of use for Svector, in any form established by the Proprietor, including therein the User Guide.
The use of bots, spiders, crawlers and other similar automated systems is explicitly forbidden. In detail, the following is prohibited:
– using any automatic collation mechanism and/or any manual procedure for monitoring and/or copying the web pages relating to Svector, as well as the Data and/or the Content in any event published on the platform;
– it is in any event forbidden to copy, duplicate, amend, adapt or in any event exploit Svector for commercial purposes, along with the Content and/or data (in full or in part), without the express authorisation of the Proprietor.
The User is not in any event authorised to use Svector as their own autonomous database, beyond the purposes envisaged by said platform.
The User is not in any way authorised to use Svector as per the formalities which may also only potentially damage, block and/or in any event prejudice the functions of the servers and/or the equipment of the Proprietor and/or of the other Users and/or the third parties, as well as the networks by means of which said parties are connected.
3. ACCESS TO SVECTOR
The main functions of Svector are described and specified in the User Guide.
To access and use Svector, the User must have or in any event equip themselves with, directly and at their exclusive diligence and expense, devices, equipment, programmes and technologies necessary for establishing the connection with said Svector. Accordingly, the User guarantees that it has the ownership and/or the licences and/or in any event has obtained consent for the use of the mobile devices and/or hardware and software components necessary for using Svector. The direct and/or indirect costs relating to the connection for the purposes of use of Svector are understood to be payable exclusively by the User.
In no event may either the Proprietor or Svector be held liable for the failure to and/or inexact fulfilment by the User of any legal and regulatory procedure necessary or, in any event, required for using the functions of the platform envisaged by this Agreement.
The User will have to strictly comply with the method of use for Svector, in any form established by the Proprietor, including therein the User Guide.
The use of bots, spiders, crawlers and other similar automated systems is explicitly forbidden. In detail, the following is prohibited:
– using any automatic collation mechanism and/or any manual procedure for monitoring and/or copying the web pages relating to Svector, as well as the Data and/or the Content in any event published on the platform;
– it is in any event forbidden to copy, duplicate, amend, adapt or in any event exploit Svector for commercial purposes, along with the Content and/or data (in full or in part), without the express authorisation of the Proprietor.
The User is not in any event authorised to use Svector as their own autonomous database, beyond the purposes envisaged by said platform.
The User is not in any way authorised to use Svector as per the formalities which may also only potentially damage, block and/or in any event prejudice the functions of the servers and/or the equipment of the Proprietor and/or of the other Users and/or the third parties, as well as the networks by means of which said parties are connected.
4. ACCEPTANCE, EFFICACY AND WITHDRAWAL
The terms and conditions contained in this Agreement discipline the provision, by the Proprietor, and the fruition by each User of all the functions of Svector as per the previous articles.
Completing the Registration procedure, as per the Recitals and Article2 by means of ticking the box “I have read and I agree to the Terms and Conditions, Privacy Policy, User Guide for Svector the social vector”, the User declares that they have carefully examined and expressly accepted all the conditions, terms and formalities of use and fruition of all and each of the Svector functions, and that they are aware of all the features and purposes of the same.
This Agreement, including therein the User Guide, binding for the User as from the date of acceptance, is effective for an unspecified period of time and will be valid and effective as from the day (hereinafter, also “Date of Efficacy”) on which the Proprietor, having taken due note of the approval by the User of this Agreement, which will be valid as a contractual proposal, communicates their acceptance – also de facto – making access to the My Profile area and the platform available. The Agreement will be understood to be finalised in the location where the Proprietor manifests acceptance of the proposal, also implicitly in accordance with the immediately subsequent section.
In order to avoid any doubts with regard to interpretation, the User and the Proprietor mutually and formally acknowledge that access to the My Profile area and the platform will for all purposes of the law and the agreement represent acceptance of the proposal of the User, a proposal which, it is hereby specified, the Proprietor will in any event have the faculty and the right not to accept, at her unquestionable discretion.
The User and the Proprietor can at any time freely withdraw from the Agreement, with or without justification:
– in the event of withdrawal of the User, using the button “Contact us”, present on Svector on the page “About”, asking through the support form for the cancellation of their Account;
– in the event of withdrawal of the Proprietor, by means of e-mail message sent, with reasonable notice of 15 days, to the e-mail address which the User has provided at the time of registration, or by means of termination of the Service provided.
The withdrawal of the User as indicated above represents the sole and exclusive remedy available to the same for termination of this agreement.
In the event of withdrawal, the Proprietor will at the same time take steps to deactivate the access to Svector and terminate the processing of the personal data of the User as per Article 5 et seq. below.
The cessation of this Agreement, further to withdrawal and/or for any other reason, will not have any effect on the contractual relationships between the Traveler and the Wisher herein, possibly underway in accordance with Article 7 which, given their autonomy, will continue to bind the parties respectively entering into the agreement under the terms and conditions envisaged herein.
The Agreement ceases all effects immediately, further to the undertaking, by the Proprietor, at her unquestionable discretion and without incurring fines and/or sanctions of any kind, all the initiatives referred to by Article 9 in its entirety, without prejudice to suspension.
4. ACCEPTANCE, EFFICACY AND WITHDRAWAL
The terms and conditions contained in this Agreement discipline the provision, by the Proprietor, and the fruition by each User of all the functions of Svector as per the previous articles.
Completing the Registration procedure, as per the Recitals and Article2 by means of ticking the box “I have read and I agree to the Terms and Conditions, Privacy Policy, User Guide for Svector the social vector”, the User declares that they have carefully examined and expressly accepted all the conditions, terms and formalities of use and fruition of all and each of the Svector functions, and that they are aware of all the features and purposes of the same.
This Agreement, including therein the User Guide, binding for the User as from the date of acceptance, is effective for an unspecified period of time and will be valid and effective as from the day (hereinafter, also “Date of Efficacy”) on which the Proprietor, having taken due note of the approval by the User of this Agreement, which will be valid as a contractual proposal, communicates their acceptance – also de facto – making access to the My Profile area and the platform available. The Agreement will be understood to be finalised in the location where the Proprietor manifests acceptance of the proposal, also implicitly in accordance with the immediately subsequent section.
In order to avoid any doubts with regard to interpretation, the User and the Proprietor mutually and formally acknowledge that access to the My Profile area and the platform will for all purposes of the law and the agreement represent acceptance of the proposal of the User, a proposal which, it is hereby specified, the Proprietor will in any event have the faculty and the right not to accept, at her unquestionable discretion.
The User and the Proprietor can at any time freely withdraw from the Agreement, with or without justification:
– in the event of withdrawal of the User, using the button “Contact us”, present on Svector on the page “About”, asking through the support form for the cancellation of their Account;
– in the event of withdrawal of the Proprietor, by means of e-mail message sent, with reasonable notice of 15 days, to the e-mail address which the User has provided at the time of registration, or by means of termination of the Service provided.
The withdrawal of the User as indicated above represents the sole and exclusive remedy available to the same for termination of this agreement.
In the event of withdrawal, the Proprietor will at the same time take steps to deactivate the access to Svector and terminate the processing of the personal data of the User as per Article 5 et seq. below.
The cessation of this Agreement, further to withdrawal and/or for any other reason, will not have any effect on the contractual relationships between the Traveler and the Wisher herein, possibly underway in accordance with Article 7 which, given their autonomy, will continue to bind the parties respectively entering into the agreement under the terms and conditions envisaged herein.
The Agreement ceases all effects immediately, further to the undertaking, by the Proprietor, at her unquestionable discretion and without incurring fines and/or sanctions of any kind, all the initiatives referred to by Article 9 in its entirety, without prejudice to suspension.
5. USER: PERSONAL DATA, ACCOUNT AND PASSWORD
In order to access and use the Service, the User must carry out the Registration procedure as per Articles 5 and 6 of the Recitals and Article 4 above. The User is obliged to provide the data which concerns them, essential for the security and the due functioning of the communication service between individuals. For the purpose of checking the correct registration procedure, a numeric code is sent via e-mail to the user: this code must be input on the registration verification screen of the application (“Verify your account”).
Before Registration, each User has the obligation to inform themselves on their professional compatibility and on their tax-related position with the system for the sharing of the Svector costs. In any event, the User remains the sole party responsible for any abuse in this sense.
In any case, the creation of several Accounts by the same User is not permitted.
At the time of Registration, the User:
– ensures the correctness, completeness and truthfulness of the Data input, for which they undertake complete responsibility, as applicable, pursuant to and for the purposes of Italian Presidential Decree No. 445 dated 20 December 2000; in particular, the same certifies, as pursuant above and under their own responsibility, that they are eighteen years of age or over;
– undertakes to keep their Data up-to-date and maintain the same, amending it in the event of change;
– undertakes to ensure the confidentiality of all that is learnt of and/or shared within the My Profile area, not to communicate it, directly or indirectly to third parties and/or to other Users and not to permit any use of the same to access and use Svector.
The User undertakes – just as soon as they become aware of and, in any event, immediately – to communicate in formal terms to the Proprietor, via e-mail message to the address support@svector.net any possible theft and/or loss of the ID and/or password and/or unauthorised divulgation and/or unauthorised use by the other Users and/or third parties of their Data, undertaking in any event from this point on to release and keep the Proprietor guaranteed and unharmed from any request, also by way of compensation of damages, proposed and/or deriving, directly or indirectly, from the use or abuse of their Data and thus both with reference to the provisions as per this Agreement and legislation concerning civil, administrative and criminal aspects in force as and when applicable.
The User duly notes that the Proprietor, having acknowledged the report of the theft and/or loss by the User, by means of a help desk process, will take steps to disable the Account and the password previously enabled as from the date of the communication of theft and/or loss. The Proprietor will therefore take steps to make a suitable procedure available to the User, for the purpose of enabling the new code for accessing Svector.
Without prejudice to the matters envisaged in the previous section of this article, the User duly notes and acknowledges that failure to inform the Proprietor of the events as indicated above will lead to the direct and exclusive responsibility of the User for all the uses of their Account possibly made by other Users and/or third parties, and thus irrespective of the circumstance that the User themselves is aware or otherwise of the indicated events, a precise duty to keep and conserve with secrecy their Data in fact being made the responsibility of the same.
In relation to the above, the User also duly notes that the Proprietor, without prejudice to the relationship with the Legal Authorities, will never contact the User, directly or indirectly, to request their Data or other confidential information. Any request of this type formulated by third parties is consequently to be considered a detriment to the confidentiality and will have to be reported to the Proprietor via e-mail, using the address support@svector.net.
The Proprietor cannot in any event be considered in any way responsible in the event of use of the Data by other Users and/or unauthorised third parties and, in any event, without prejudice to the provisions of Italian Legislative Decree No.196/03 and of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, is not obliged to arrange additional measures for preventing any abusive access, since the conferral of sensitive and/or judicial data is not envisaged.
Any obligation/liability to control to her charge having been excluded, if the Proprietor becomes aware of the fact that the User is in realty under the age of 18 (i.e. via reporting) and/or, in general, of the falsity and/or erroneous nature of the Data contained in an Account, she may cancel said Account without notice.
The User declares that they are aware that their Data will be used and registered by Silvia Marta Flavia Di Stefano – as Data Controller – in a specific database protected in compliance and observance of the Personal Data Protection Code as per the Privacy Code and of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. The forwarding of the Data implies the express consent of the User to receive communications of the Proprietor aimed at permitting the correct and/or best utilisation of Svector.
The User also declares that they are aware that:
– the Data provided to the Proprietor will be used for purposes associated with and instrumental to the execution of this Service and as specified in the privacy policy.
– the conferral of the Data is optional: however, any refusal to communicate the Data necessary for the performance of the Service leads to the impossibility of providing said Service;
– your Data will be made available to the other Users after the compilation of the Registration form.
The Proprietor will keep the Data of the User confidential, also ensuring the confidentiality of the communications made by means of the e-mail service.
The Proprietor, also via the parties as per the previous point, may reveal the Data of the User, as well as the Content, to the Legal Authorities, in the event that it is requested by the same and/or in the case a civil, criminal or administrative offence exists.
Failure to use the Account and failure to access the platform for a period of more than six months will in any event lead to the discretional faculty of the Proprietor to cancel said Account, without notice.
Without prejudice to the matters established in Article 9, the Proprietor has the discretional faculty to suspend and/or cancel and/or disable an Account, without any notice, in the event of violation of this agreement without incurring fines and/or sanctions of any kind.
5. USER: PERSONAL DATA, ACCOUNT AND PASSWORD
In order to access and use the Service, the User must carry out the Registration procedure as per Articles 5 and 6 of the Recitals and Article 4 above. The User is obliged to provide the data which concerns them, essential for the security and the due functioning of the communication service between individuals. For the purpose of checking the correct registration procedure, a numeric code is sent via e-mail to the user: this code must be input on the registration verification screen of the application (“Verify your account”).
Before Registration, each User has the obligation to inform themselves on their professional compatibility and on their tax-related position with the system for the sharing of the Svector costs. In any event, the User remains the sole party responsible for any abuse in this sense.
In any case, the creation of several Accounts by the same User is not permitted.
At the time of Registration, the User:
– ensures the correctness, completeness and truthfulness of the Data input, for which they undertake complete responsibility, as applicable, pursuant to and for the purposes of Italian Presidential Decree No. 445 dated 20 December 2000; in particular, the same certifies, as pursuant above and under their own responsibility, that they are eighteen years of age or over;
– undertakes to keep their Data up-to-date and maintain the same, amending it in the event of change;
– undertakes to ensure the confidentiality of all that is learnt of and/or shared within the My Profile area, not to communicate it, directly or indirectly to third parties and/or to other Users and not to permit any use of the same to access and use Svector.
The User undertakes – just as soon as they become aware of and, in any event, immediately – to communicate in formal terms to the Proprietor, via e-mail message to the address support@svector.net any possible theft and/or loss of the ID and/or password and/or unauthorised divulgation and/or unauthorised use by the other Users and/or third parties of their Data, undertaking in any event from this point on to release and keep the Proprietor guaranteed and unharmed from any request, also by way of compensation of damages, proposed and/or deriving, directly or indirectly, from the use or abuse of their Data and thus both with reference to the provisions as per this Agreement and legislation concerning civil, administrative and criminal aspects in force as and when applicable.
The User duly notes that the Proprietor, having acknowledged the report of the theft and/or loss by the User, by means of a help desk process, will take steps to disable the Account and the password previously enabled as from the date of the communication of theft and/or loss. The Proprietor will therefore take steps to make a suitable procedure available to the User, for the purpose of enabling the new code for accessing Svector.
Without prejudice to the matters envisaged in the previous section of this article, the User duly notes and acknowledges that failure to inform the Proprietor of the events as indicated above will lead to the direct and exclusive responsibility of the User for all the uses of their Account possibly made by other Users and/or third parties, and thus irrespective of the circumstance that the User themselves is aware or otherwise of the indicated events, a precise duty to keep and conserve with secrecy their Data in fact being made the responsibility of the same.
In relation to the above, the User also duly notes that the Proprietor, without prejudice to the relationship with the Legal Authorities, will never contact the User, directly or indirectly, to request their Data or other confidential information. Any request of this type formulated by third parties is consequently to be considered a detriment to the confidentiality and will have to be reported to the Proprietor via e-mail, using the address support@svector.net.
The Proprietor cannot in any event be considered in any way responsible in the event of use of the Data by other Users and/or unauthorised third parties and, in any event, without prejudice to the provisions of Italian Legislative Decree No.196/03 and of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, is not obliged to arrange additional measures for preventing any abusive access, since the conferral of sensitive and/or judicial data is not envisaged.
Any obligation/liability to control to her charge having been excluded, if the Proprietor becomes aware of the fact that the User is in realty under the age of 18 (i.e. via reporting) and/or, in general, of the falsity and/or erroneous nature of the Data contained in an Account, she may cancel said Account without notice.
The User declares that they are aware that their Data will be used and registered by Silvia Marta Flavia Di Stefano – as Data Controller – in a specific database protected in compliance and observance of the Personal Data Protection Code as per the Privacy Code and of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. The forwarding of the Data implies the express consent of the User to receive communications of the Proprietor aimed at permitting the correct and/or best utilisation of Svector.
The User also declares that they are aware that:
– the Data provided to the Proprietor will be used for purposes associated with and instrumental to the execution of this Service and as specified in the privacy policy.
– the conferral of the Data is optional: however, any refusal to communicate the Data necessary for the performance of the Service leads to the impossibility of providing said Service;
– your Data will be made available to the other Users after the compilation of the Registration form.
The Proprietor will keep the Data of the User confidential, also ensuring the confidentiality of the communications made by means of the e-mail service.
The Proprietor, also via the parties as per the previous point, may reveal the Data of the User, as well as the Content, to the Legal Authorities, in the event that it is requested by the same and/or in the case a civil, criminal or administrative offence exists.
Failure to use the Account and failure to access the platform for a period of more than six months will in any event lead to the discretional faculty of the Proprietor to cancel said Account, without notice.
Without prejudice to the matters established in Article 9, the Proprietor has the discretional faculty to suspend and/or cancel and/or disable an Account, without any notice, in the event of violation of this agreement without incurring fines and/or sanctions of any kind.
6. MY PROFILE
The User is acknowledged the possibility of creating and realising their own personal area on the platform known hereinafter as My Profile represented by a space/area dedicated to the User, within which the same can take steps to disclose and/or manage and/or transmit, autonomously and directly and without any moderation and/or prior checking by the Proprietor of the data, information and news exclusively regarding themselves, as well as the texts, photos, images which the User legitimately has available and which do not damage the rights of third parties (hereinafter, also the Content).
The transmission of the Content by the User will have to take place observing the conditions and the technical formalities specified as and when on Svector, including therein the User Guide, and always possible to consult via specific link.
The Proprietor declares, and the User expressly takes due note and acknowledges that, within My Profile area, the Data may be published and/or in any event disclosed or made accessible, in full or in part, only subject to authorisation of said User in accordance with the matters envisaged on Svector.
The User will be identified within the Community by means of their Username, made up of their name and the first letter of their surname.
The User duly notes that the Proprietor is not obliged to carry out a prior and/or subsequent check on the Content. In any case, the Proprietor reserves herself – at her unquestionable discretion – the faculty and the right to make any decision regarding the suitability of this Content, including therein the cancellation of the same and/or of the Account, also for the purpose of ensuring the observance of the obligations as per Article 9.
The User declares and guarantees that the Content is true, legitimate, referable exclusively to said User and does not damage the rights of the other Users and/or third parties.
The User is expressly prohibited from any use of the My Profile area for directly or indirectly violating current laws and legislation applicable.
Without prejudice to the faculties and the rights as per the previous points, My Profile and the related Content may be amended, in observance of the matters indicated above, solely by said User by means of the use of their Account. My Profile area may be populated by the User, by means of sending Content via the web.
In the event of violation of the articles above and/or in any event due to facts and/or omissions and/or conduct of the User in violation of the matters envisaged by the Agreement and by current criminal, civil and administrative legislation, the User undertakes to guarantee, release and keep the Proprietor unharmed from any civil and/or criminal and/or administrative liability, deriving from the unlawful, undue and/or abnormal use of the My Profile area, even if involuntarily established by the same and/or caused by other Users and/or third parties via one’s Account, as well as any request, also for damage compensation, proposed vis-à-vis the Proprietor further to the conduct of said User.
The Proprietor, despite not undertaking any liability with regard to the content and the My Profile area, intends, at her unquestionable discretion, without incurring fines and/or sanctions of any kind, or if requested to do so by the Legal Authorities, to adopt all the initiatives referred to by Article 9 in its entirety.
6. MY PROFILE
The User is acknowledged the possibility of creating and realising their own personal area on the platform known hereinafter as My Profile represented by a space/area dedicated to the User, within which the same can take steps to disclose and/or manage and/or transmit, autonomously and directly and without any moderation and/or prior checking by the Proprietor of the data, information and news exclusively regarding themselves, as well as the texts, photos, images which the User legitimately has available and which do not damage the rights of third parties (hereinafter, also the Content).
The transmission of the Content by the User will have to take place observing the conditions and the technical formalities specified as and when on Svector, including therein the User Guide, and always possible to consult via specific link.
The Proprietor declares, and the User expressly takes due note and acknowledges that, within My Profile area, the Data may be published and/or in any event disclosed or made accessible, in full or in part, only subject to authorisation of said User in accordance with the matters envisaged on Svector.
The User will be identified within the Community by means of their Username, made up of their name and the first letter of their surname.
The User duly notes that the Proprietor is not obliged to carry out a prior and/or subsequent check on the Content. In any case, the Proprietor reserves herself – at her unquestionable discretion – the faculty and the right to make any decision regarding the suitability of this Content, including therein the cancellation of the same and/or of the Account, also for the purpose of ensuring the observance of the obligations as per Article 9.
The User declares and guarantees that the Content is true, legitimate, referable exclusively to said User and does not damage the rights of the other Users and/or third parties.
The User is expressly prohibited from any use of the My Profile area for directly or indirectly violating current laws and legislation applicable.
Without prejudice to the faculties and the rights as per the previous points, My Profile and the related Content may be amended, in observance of the matters indicated above, solely by said User by means of the use of their Account. My Profile area may be populated by the User, by means of sending Content via the web.
In the event of violation of the articles above and/or in any event due to facts and/or omissions and/or conduct of the User in violation of the matters envisaged by the Agreement and by current criminal, civil and administrative legislation, the User undertakes to guarantee, release and keep the Proprietor unharmed from any civil and/or criminal and/or administrative liability, deriving from the unlawful, undue and/or abnormal use of the My Profile area, even if involuntarily established by the same and/or caused by other Users and/or third parties via one’s Account, as well as any request, also for damage compensation, proposed vis-à-vis the Proprietor further to the conduct of said User.
The Proprietor, despite not undertaking any liability with regard to the content and the My Profile area, intends, at her unquestionable discretion, without incurring fines and/or sanctions of any kind, or if requested to do so by the Legal Authorities, to adopt all the initiatives referred to by Article 9 in its entirety.
7. FUNCTIONING OF THE SVECTOR PLATFORM
A) THE COMMUNITY
Once registered in accordance with this Agreement, the User joins the Svector Community and undertakes to observe the rules of conduct laid down in the User Guide being an integral part of this Agreement.
B) THE MATCHING
Having completed the Registration procedure, the User may as and when applicable become either Wisher or Traveler, provided that this does not take place at the same time as in a same matching, or rather in combination compatible between a good which one User desires to receive with the journeys scheduled by a third User.
The User, in the capacity of Wisher or Traveler, may carry out the operations listed below:
1. Include in the “My Travels” section offers for transportation, on the basis of the specifications outlined in the User Guide.
2. Insert in the “My Wishlist” section the Wish one desires to receive, without prejudice to the matters established in the recitals and in complete observance of the specifications outlined in the User Guide, specifying whether it is necessary that they be purchased as well as transported.
3. View the profile of the User with whom the system has identified a matching. The profile of the User also contains the feedback left by other Users further to exchanges which have already taken place.
4. Wisher: view the information relating to the stretch travelled by the Traveler with whom the system has identified the matching.
5. Traveler: view the information relating to the Wish which the Wisher requires, with whom the system has identified a matching.
6. Demonstrate one’s interest for the matching made, by clicking on the button “Approve”.
7. Demonstrate one’s disinterest for the matching made, by clicking on the button “Reject” or “Reject all”; the matching will thus be eliminated.
8. Inform the User with whom the system has identified a matching if both the Traveler and the Wisher have shown their interest in making contact, clicking on the “Approve” button.
9. Leave feedback on the conduct of the User when transportation has taken place.
C) VALIDITY OF A WISH
The User, in the capacity of Wisher who desires to receive a Wish, is obliged to provide the Traveler with all the indications necessary for the identification of the same, also uploading in the My Wishlist section an image, merely for descriptive purposes, of the same Wish.
Without prejudice to the matters established in the recitals and Article 2 of this Agreement, the Wisher duly notes and accepts, in accordance with current law, that they remain the sole party responsible vis-à-vis the Traveler and/or third parties for the object chosen in advance as a Wish, with consequent exclusion of the responsibility of the Proprietor. The request to purchase and/or transport as a Wish goods whose transportation and holding can be prosecuted by law is expressly prohibited, such as merely by way of example but not limited to: arms, pharmaceuticals, drugs, pedo-pornographic material, protected animals, works of art.
The Wisher duly notes that the Wish is valid for three months as from the moment of publication.
The User duly notes that once three months have elapsed from the publication of the Wish Svector will take steps to automatically cancel the same, without prejudice to the matters specified in the User Guide.
D) SHARING ECONOMY
Without prejudice to the matters established in the Recitals and in the previous Articles, in the presence of the services which the Wisher has benefited from, the Traveler and Wisher, by means of Svector, limit themselves to establishing whether they prefer:
1. to share the transport costs for the Wish, clicking above on the appropriate virtual button “Money”;
2. to share a “social benefit”, clicking above on the appropriate virtual button “Social”;
3. carry out free-of-charge, due to pure spirit of generosity, the transportation of the Wish, clicking above on the appropriate virtual button “Nothing”.
In the event of the purchase of the Wish by the Traveler, the Wisher is obliged to reimburse the same for the sum spent.
In any event, each User duly notes and accepts that any type of economic transaction with another User, such as payment for the purchase of the Wish and/or the travel costs or a “social benefit” take place offline, personally between the Parties, with the consequent total extraneousness and exclusion from liability of any kind of the Proprietor.
Therefore, any type of economic transaction between the Users via Svector is forbidden.
E) FEEDBACK
By means of the Registration, the User expressly authorises the Proprietor to publish on My Profile the feedback from the other Users of the Community. Without prejudice to the provisions as per Article 8 below, the Proprietor has the faculty to remove all those comments which, at her unquestionable discretion, are deemed as libellous, offensive, in violation of current laws or in any event damaging for Svector, the Proprietor and/or the Users.
Each User is obliged to positively or negatively assess their experience as Traveler or Wisher, thereby helping to improve the Svector Community.
In any event, the User is and will be the sole party responsible for the content of the feedback uploaded on Svector with the consequent total extraneousness of the Proprietor. Each User is and will be the sole party responsible for any damage and/or detriment of any kind and/or type caused, also indirectly, to the other Users and/or to third parties by said feedback and/or at the time of publication of the same; and thus with reference also to current civil, criminal and administrative legislation.
F) HANDLING OF THE WISHER AND TRAVELER RELATIONSHIPS
The User undertake to use the Service exclusively for the purposes of communication, on a non-professional and non-commercial basis.
The Proprietor is not responsible for the content of the communications exchanged between Users through Svector chat, to which she is totally extraneous.
The relationships between the Users, in the capacity of Wisher and Traveler, of any kind and/or type, as well as the purchase agreements for the Wish, the agreement for the transport of the same or of any other nature, finalised between the Users at the time of the matching generated by Svector, are handled autonomously by each of the same, with the consequent and total extraneousness of the Proprietor, the contract workers of the Proprietor for any purpose as well as any other Users and/or third party. Said Users, in the capacity of Wisher and Traveler, are and will be the only parties responsible for any damage and/or detriment of any kind and/or type caused, also indirectly, to the Proprietor, the contract workers of the Proprietor for any purpose, the other Users and/or to third parties by said relationships and/or at the time of the same; and thus with reference also to current civil, criminal and administrative legislation.
The afore-mentioned internal relationships and/or agreements are disciplined by essential and procedural Italian laws, if one or both of the Users are Italian citizens and/or reside in Italy, or on the basis of the essential and procedural laws of the EU country of residence of the Users if common to both, or on the basis of the essential and procedural laws of the country chosen by the Users.
Once the appointment generated by the matching of the Svector has been accepted, the Traveler and the Wisher, each insofar as they are responsible, undertake the task of fulfilling with diligence and in good faith the internal and/or contractual agreements, in observance of the norms of conduct laid down by the Manual of Regulations, as well as the current civil, criminal and administrative norms applicable, adopting all the necessary measures for said fulfilment.
As specified in Article 8 below, the Proprietor is not party to the aforesaid internal and/or contractual agreements between the Users and is not bound by the same.
7. FUNCTIONING OF THE SVECTOR PLATFORM
A) THE COMMUNITY
Once registered in accordance with this Agreement, the User joins the Svector Community and undertakes to observe the rules of conduct laid down in the User Guide being an integral part of this Agreement.
B) THE MATCHING
Having completed the Registration procedure, the User may as and when applicable become either Wisher or Traveler, provided that this does not take place at the same time as in a same matching, or rather in combination compatible between a good which one User desires to receive with the journeys scheduled by a third User.
The User, in the capacity of Wisher or Traveler, may carry out the operations listed below:
1. Include in the “My Travels” section offers for transportation, on the basis of the specifications outlined in the User Guide.
2. Insert in the “My Wishlist” section the Wish one desires to receive, without prejudice to the matters established in the recitals and in complete observance of the specifications outlined in the User Guide, specifying whether it is necessary that they be purchased as well as transported.
3. View the profile of the User with whom the system has identified a matching. The profile of the User also contains the feedback left by other Users further to exchanges which have already taken place.
4. Wisher: view the information relating to the stretch travelled by the Traveler with whom the system has identified the matching.
5. Traveler: view the information relating to the Wish which the Wisher requires, with whom the system has identified a matching.
6. Demonstrate one’s interest for the matching made, by clicking on the button “Approve”.
7. Demonstrate one’s disinterest for the matching made, by clicking on the button “Reject” or “Reject all”; the matching will thus be eliminated.
8. Inform the User with whom the system has identified a matching if both the Traveler and the Wisher have shown their interest in making contact, clicking on the “Approve” button.
9. Leave feedback on the conduct of the User when transportation has taken place.
C) VALIDITY OF A WISH
The User, in the capacity of Wisher who desires to receive a Wish, is obliged to provide the Traveler with all the indications necessary for the identification of the same, also uploading in the My Wishlist section an image, merely for descriptive purposes, of the same Wish.
Without prejudice to the matters established in the recitals and Article 2 of this Agreement, the Wisher duly notes and accepts, in accordance with current law, that they remain the sole party responsible vis-à-vis the Traveler and/or third parties for the object chosen in advance as a Wish, with consequent exclusion of the responsibility of the Proprietor. The request to purchase and/or transport as a Wish goods whose transportation and holding can be prosecuted by law is expressly prohibited, such as merely by way of example but not limited to: arms, pharmaceuticals, drugs, pedo-pornographic material, protected animals, works of art.
The Wisher duly notes that the Wish is valid for three months as from the moment of publication.
The User duly notes that once three months have elapsed from the publication of the Wish Svector will take steps to automatically cancel the same, without prejudice to the matters specified in the User Guide.
D) SHARING ECONOMY
Without prejudice to the matters established in the Recitals and in the previous Articles, in the presence of the services which the Wisher has benefited from, the Traveler and Wisher, by means of Svector, limit themselves to establishing whether they prefer:
1. to share the transport costs for the Wish, clicking above on the appropriate virtual button “Money”;
2. to share a “social benefit”, clicking above on the appropriate virtual button “Social”;
3. carry out free-of-charge, due to pure spirit of generosity, the transportation of the Wish, clicking above on the appropriate virtual button “Nothing”.
In the event of the purchase of the Wish by the Traveler, the Wisher is obliged to reimburse the same for the sum spent.
In any event, each User duly notes and accepts that any type of economic transaction with another User, such as payment for the purchase of the Wish and/or the travel costs or a “social benefit” take place offline, personally between the Parties, with the consequent total extraneousness and exclusion from liability of any kind of the Proprietor.
Therefore, any type of economic transaction between the Users via Svector is forbidden.
E) FEEDBACK
By means of the Registration, the User expressly authorises the Proprietor to publish on My Profile the feedback from the other Users of the Community. Without prejudice to the provisions as per Article 8 below, the Proprietor has the faculty to remove all those comments which, at her unquestionable discretion, are deemed as libellous, offensive, in violation of current laws or in any event damaging for Svector, the Proprietor and/or the Users.
Each User is obliged to positively or negatively assess their experience as Traveler or Wisher, thereby helping to improve the Svector Community.
In any event, the User is and will be the sole party responsible for the content of the feedback uploaded on Svector with the consequent total extraneousness of the Proprietor. Each User is and will be the sole party responsible for any damage and/or detriment of any kind and/or type caused, also indirectly, to the other Users and/or to third parties by said feedback and/or at the time of publication of the same; and thus with reference also to current civil, criminal and administrative legislation.
F) HANDLING OF THE WISHER AND TRAVELER RELATIONSHIPS
The User undertake to use the Service exclusively for the purposes of communication, on a non-professional and non-commercial basis.
The Proprietor is not responsible for the content of the communications exchanged between Users through Svector chat, to which she is totally extraneous.
The relationships between the Users, in the capacity of Wisher and Traveler, of any kind and/or type, as well as the purchase agreements for the Wish, the agreement for the transport of the same or of any other nature, finalised between the Users at the time of the matching generated by Svector, are handled autonomously by each of the same, with the consequent and total extraneousness of the Proprietor, the contract workers of the Proprietor for any purpose as well as any other Users and/or third party. Said Users, in the capacity of Wisher and Traveler, are and will be the only parties responsible for any damage and/or detriment of any kind and/or type caused, also indirectly, to the Proprietor, the contract workers of the Proprietor for any purpose, the other Users and/or to third parties by said relationships and/or at the time of the same; and thus with reference also to current civil, criminal and administrative legislation.
The afore-mentioned internal relationships and/or agreements are disciplined by essential and procedural Italian laws, if one or both of the Users are Italian citizens and/or reside in Italy, or on the basis of the essential and procedural laws of the EU country of residence of the Users if common to both, or on the basis of the essential and procedural laws of the country chosen by the Users.
Once the appointment generated by the matching of the Svector has been accepted, the Traveler and the Wisher, each insofar as they are responsible, undertake the task of fulfilling with diligence and in good faith the internal and/or contractual agreements, in observance of the norms of conduct laid down by the Manual of Regulations, as well as the current civil, criminal and administrative norms applicable, adopting all the necessary measures for said fulfilment.
As specified in Article 8 below, the Proprietor is not party to the aforesaid internal and/or contractual agreements between the Users and is not bound by the same.
8. EXTRANEOUSNESS OF THE PROPRIETOR IN THE INTERNAL WISHER AND TRAVELER DEALINGS – EXCLUSION OF APPROVAL OF THE INFORMATION ISSUED BY THE USER ON SVECTOR
By means of signing this Agreement, each User duly notes that the Proprietor does not carry out any prior check nor approves any qualification as Wisher or as Traveler of a User.
The User also duly notes that the Proprietor does not carry out any prior check nor approves any Wish; she is aware that the images and/or photographs relating to the wishes published are destined exclusively to indicate a photographic representation merely for descriptive purposes of the good which the Wisher intends to receive.
These Conditions require each User to provide accurate and truthful information under their own personal liability in accordance with the law. For purposes of transparency or prevention or identification of fraud, it is the discretional faculty of the Proprietor to request the User, directly or via third parties, to provide an identification document issued by a public authority, the date of birth and other information, or carry out checks and perform additional procedures to permit the verification or control of the identities or the past history of the Users and/or check the information of the Users in the databases of third parties or of other sources, without this leading to an undertaking of responsibility by the Proprietor vis-à-vis the other Users, parties directly or indirectly associated with the same and/or third parties regarding the alleged identity or past history of each User. The provisions of Article 8 of this Agreement are unaffected.
If the Proprietor carries out checks, within the limits of the applicable law, any form of guarantee, explicit or implicit, that the afore-mentioned identify civil, criminal and/or administrative offences possibly committed previously by a User is excluded, or that the latter will not carry out a civil, criminal and/or administrative offence in the future. In any event, the provisions of Article 9 of this Agreement are unaffected.
Any reference on Svector to the fact that a User is a “verified” or “connected” Wisher and/or Traveler or one “with experience” (or similar wording), only indicates that the User has completed the related Registration procedure or has already used the Service and does not demonstrate anything. These indications do not represent an endorsement, certification or guarantee by the Proprietor on any User, their identification and the fact that the latter is reliable, safe and suitable. By means of entering into this Agreement, each User duly notes that the aforesaid indications are understood as useful information which the User itself can consider in making their decisions with regard to the identity and suitability of the individual Wishers and/or Travelers who they contact or with whom they interact via Svector. The User duly notes that no advice and/or information obtained from the Proprietor on Svector is suitable for creating any guarantee by said Proprietor which has not been expressly issued in this Agreement and the related attachments.
In consideration of the matters established above, the User it obliged to always adopt due diligence and attention when deciding, merely by way of example and not limited to, to:
– have any type of contact with any other User;
– assess the veracity, completeness and reliability of the inserts and/or the information of the other Users;
– accept a request made by a Wisher to receive a Wish;
– accept the willingness of a Traveler to purchase, transport and deliver and/or to transport and deliver a Wish;
– accept the entity of reimbursement of the travel costs offered by another User;
– accept the sharing of a “social benefit”;
– have offline or personal contact with another User;
– have any type of other contact with parties directly or indirectly associated with a User and/or with third parties, outside Svector, further to a matching generated by said platform.
Any civil, criminal and/or administrative liability of the Proprietor is consequently excluded for any detriment and/or damages, contractual or otherwise, deriving – directly or indirectly – from communications and/or interaction of each User with the other Users.
The Proprietor explicitly excludes any responsibility for the action or omissions of each User, in the capacity of Wisher and/or Traveler, in the communications and/or interaction in relation to the inserts published on Svector or in the internal contractual relationships with other Users, parties directly or indirectly associated with the same and/or third parties, generated directly or indirectly by the encounter between the same parties on Svector.
Pursuant to and for the purposes of Article 7, letter f), the Proprietor is not subject to any of the obligations deriving from the agreement between Wisher and Traveler.
Specifically, all responsibility is excluded, direct or indirect, civil, criminal and administrative, of the Proprietor vis-à-vis whomever, for the detriment and/or damages, contractual or otherwise, deriving – directly or indirectly – from the risks listed below merely by way of example and not limited to, relating to:
– the economic agreements between Wisher and Traveler for the payment of the Wish and/or the travel costs and/or the “social benefit”;
– the cancellation of the agreement between Wisher or Traveler;
– last minute cancellations or amendments of a Wish;
– last minute cancellations or amendments of a travel route and/or collection point and/or delivery point for a Wish and/or the collection and/or delivery times of a Wish;
– last minute cancellations or amendments of the extent and/or the nature of the sharing of the travel costs and/or the experience-related benefit;
– the failure to pay the contribution to the travel costs;
– the failure to reimburse the purchase of the Wish;
– the failure to share the “social benefit”;
– the communication of erroneous information by the Traveler with respect to the transportation and the agreed formalities;
– the fraudulent conduct or the fault of one of the Users during, before or after the provision of the transport service.
The User duly notes and accepts that the Proprietor is not responsible for any type of damage caused to the Wish being transported or purchased and transported, due to delay in or failure to deliver said Wish to the destination identified by both the Parties or due to inexact execution of the agreement. The Proprietor is also exonerated from any responsibility in the event the Wish being transported is examined, inspected, seized, confiscated by virtue of measures of the Legal and/or Administrative and/or Public Safety Authorities.
The Proprietor is not responsible vis-à-vis any User for any economic, financial or business loss for any other damage procured such as loss of reputation, loss of profit, loss – including temporary – of cash or loss of opportunity which have come about as a consequent of use of Svector. In any event, the Users will not have the right to any form of indemnification or compensation from the Proprietor.
The Proprietor will not be held liable in any way for the use of the service for fraudulent purposes.
In no event does Svector offer a purchase and/or transportation service.
In no event does Svector perform any intermediation, agency, brokerage, agent or manpower agency function.
In no event does the User act in the capacity of employee or contractor of the Proprietor.
Given the extraneous nature of the Proprietor with regard to the internal relationships between the Users, any disputes relating to the transportation or purchase and transportation agreements for the Wish, or any other contractual agreement between the Users will have to be settled between said Users, on the basis of essential and procedural Italian laws, if one or both of the Users are Italian citizens and/or reside in Italy, or on the basis of the essential and procedural laws of the EU country of residence of the Users if common to both, or on the basis of the essential and procedural laws of the country chosen by the Users.
Therefore, the User, also appearing before the courts and permitting the exclusion, undertakes to release and keep Svector, the Proprietor, contractors for any reason of the Proprietor, as well as any other User and/or third parties unharmed, from any loss, damage, request for compensation, indemnification and/or other responsibilities, detriment, claim, cost and/or expense, including legal ones, deriving from the violation of the purchase and transportation agreements for the Wish, or any other contractual agreement between the Users, also after their cessation for any reason.
8. EXTRANEOUSNESS OF THE PROPRIETOR IN THE INTERNAL WISHER AND TRAVELER DEALINGS – EXCLUSION OF APPROVAL OF THE INFORMATION ISSUED BY THE USER ON SVECTOR
By means of signing this Agreement, each User duly notes that the Proprietor does not carry out any prior check nor approves any qualification as Wisher or as Traveler of a User.
The User also duly notes that the Proprietor does not carry out any prior check nor approves any Wish; she is aware that the images and/or photographs relating to the wishes published are destined exclusively to indicate a photographic representation merely for descriptive purposes of the good which the Wisher intends to receive.
These Conditions require each User to provide accurate and truthful information under their own personal liability in accordance with the law. For purposes of transparency or prevention or identification of fraud, it is the discretional faculty of the Proprietor to request the User, directly or via third parties, to provide an identification document issued by a public authority, the date of birth and other information, or carry out checks and perform additional procedures to permit the verification or control of the identities or the past history of the Users and/or check the information of the Users in the databases of third parties or of other sources, without this leading to an undertaking of responsibility by the Proprietor vis-à-vis the other Users, parties directly or indirectly associated with the same and/or third parties regarding the alleged identity or past history of each User. The provisions of Article 8 of this Agreement are unaffected.
If the Proprietor carries out checks, within the limits of the applicable law, any form of guarantee, explicit or implicit, that the afore-mentioned identify civil, criminal and/or administrative offences possibly committed previously by a User is excluded, or that the latter will not carry out a civil, criminal and/or administrative offence in the future. In any event, the provisions of Article 9 of this Agreement are unaffected.
Any reference on Svector to the fact that a User is a “verified” or “connected” Wisher and/or Traveler or one “with experience” (or similar wording), only indicates that the User has completed the related Registration procedure or has already used the Service and does not demonstrate anything. These indications do not represent an endorsement, certification or guarantee by the Proprietor on any User, their identification and the fact that the latter is reliable, safe and suitable. By means of entering into this Agreement, each User duly notes that the aforesaid indications are understood as useful information which the User itself can consider in making their decisions with regard to the identity and suitability of the individual Wishers and/or Travelers who they contact or with whom they interact via Svector. The User duly notes that no advice and/or information obtained from the Proprietor on Svector is suitable for creating any guarantee by said Proprietor which has not been expressly issued in this Agreement and the related attachments.
In consideration of the matters established above, the User it obliged to always adopt due diligence and attention when deciding, merely by way of example and not limited to, to:
– have any type of contact with any other User;
– assess the veracity, completeness and reliability of the inserts and/or the information of the other Users;
– accept a request made by a Wisher to receive a Wish;
– accept the willingness of a Traveler to purchase, transport and deliver and/or to transport and deliver a Wish;
– accept the entity of reimbursement of the travel costs offered by another User;
– accept the sharing of a “social benefit”;
– have offline or personal contact with another User;
– have any type of other contact with parties directly or indirectly associated with a User and/or with third parties, outside Svector, further to a matching generated by said platform.
Any civil, criminal and/or administrative liability of the Proprietor is consequently excluded for any detriment and/or damages, contractual or otherwise, deriving – directly or indirectly – from communications and/or interaction of each User with the other Users.
The Proprietor explicitly excludes any responsibility for the action or omissions of each User, in the capacity of Wisher and/or Traveler, in the communications and/or interaction in relation to the inserts published on Svector or in the internal contractual relationships with other Users, parties directly or indirectly associated with the same and/or third parties, generated directly or indirectly by the encounter between the same parties on Svector.
Pursuant to and for the purposes of Article 7, letter f), the Proprietor is not subject to any of the obligations deriving from the agreement between Wisher and Traveler.
Specifically, all responsibility is excluded, direct or indirect, civil, criminal and administrative, of the Proprietor vis-à-vis whomever, for the detriment and/or damages, contractual or otherwise, deriving – directly or indirectly – from the risks listed below merely by way of example and not limited to, relating to:
– the economic agreements between Wisher and Traveler for the payment of the Wish and/or the travel costs and/or the experience-related benefit;
– the cancellation of the agreement between Wisher or Traveler;
– last minute cancellations or amendments of a Wish;
– last minute cancellations or amendments of a travel route and/or collection point and/or delivery point for a Wish and/or the collection and/or delivery times of a Wish;
– last minute cancellations or amendments of the extent and/or the nature of the sharing of the travel costs and/or the “social benefit”;
– the failure to pay the contribution to the travel costs;
– the failure to reimburse the purchase of the Wish;
– the failure to share the “social benefit”;
– the communication of erroneous information by the Traveler with respect to the transportation and the agreed formalities;
– the fraudulent conduct or the fault of one of the Users during, before or after the provision of the transport service.
The User duly notes and accepts that the Proprietor is not responsible for any type of damage caused to the Wish being transported or purchased and transported, due to delay in or failure to deliver said Wish to the destination identified by both the Parties or due to inexact execution of the agreement. The Proprietor is also exonerated from any responsibility in the event the Wish being transported is examined, inspected, seized, confiscated by virtue of measures of the Legal and/or Administrative and/or Public Safety Authorities.
The Proprietor is not responsible vis-à-vis any User for any economic, financial or business loss for any other damage procured such as loss of reputation, loss of profit, loss – including temporary – of cash or loss of opportunity which have come about as a consequent of use of Svector. In any event, the Users will not have the right to any form of indemnification or compensation from the Proprietor.
The Proprietor will not be held liable in any way for the use of the service for fraudulent purposes.
In no event does Svector offer a purchase and/or transportation service.
In no event does Svector perform any intermediation, agency, brokerage, agent or manpower agency function.
In no event does the User act in the capacity of employee or contractor of the Proprietor.
Given the extraneous nature of the Proprietor with regard to the internal relationships between the Users, any disputes relating to the transportation or purchase and transportation agreements for the Wish, or any other contractual agreement between the Users will have to be settled between said Users, on the basis of essential and procedural Italian laws, if one or both of the Users are Italian citizens and/or reside in Italy, or on the basis of the essential and procedural laws of the EU country of residence of the Users if common to both, or on the basis of the essential and procedural laws of the country chosen by the Users.
Therefore, the User, also appearing before the courts and permitting the exclusion, undertakes to release and keep Svector, the Proprietor, contractors for any reason of the Proprietor, as well as any other User and/or third parties unharmed, from any loss, damage, request for compensation, indemnification and/or other responsibilities, detriment, claim, cost and/or expense, including legal ones, deriving from the violation of the purchase and transportation agreements for the Wish, or any other contractual agreement between the Users, also after their cessation for any reason.
9. OBLIGATIONS OF THE USER – INDEMNIFICATION SUSPENSION AND CANCELLATION OF THE ACCOUNT
Besides the matters envisaged by other provisions of the Agreement, the User is obliged:
– not to use Svector so as to cause injury within the legal sphere of the other Users and/or third parties;
– not to use Svector to in turn provide a transport service, or part of a service, either free-of-charge or against payment;
– to keep with the due attention and not communicate, directly and/or indirectly, to other Users and/or to third parties, one’s credentials for accessing Svector and, in any event, not to permit anyone to use the same for the entire duration of the Agreement;
– to print out and keep the Agreement which, in any event, can always be viewed via the application:
– to inform the Proprietor of the change in their e-mail address for the purpose of permitting the same to send all the communications and/or documentation inherent to the use of Svector, as well as all the clauses of the Agreement;
– to inform the Proprietor of one’s data necessary for each legal fulfilment by the same;
– to provide the Proprietor with all the up-dated, complete and precise Data and to keep the same up-to-date for the entire duration of the Agreement.
Without this representing a limitation to the obligations envisaged in the previous section, it being understood that the User is and will remain the sole and exclusive party responsible for the My Profile area, the Content as well as any detrimental consequences which the My Profile area and the Content could lead to, also indirectly, for the other Users and/or the third parties, and thus with reference to the Agreement and the current legislation concerning civil and/or criminal and/or administrative aspects.
It is also understood that the each User is and will remain the sole and exclusive party responsible for all that is uploaded and/published by the same in the My Profile area, in the Content, in the Wishlist as well as any related detrimental consequences caused, also indirectly, for the other Users and/or the third parties, and thus with reference to the Agreement and the current legislation concerning civil and/or criminal and/or administrative aspects. The User who omits to report the above to the other Users will also be liable, without prejudice to the matters envisaged herein in the same Article 8.
Without this representing limitation to the obligations envisaged in the previous section, it is understood that the User declares and guarantees:
a) that they are the only and exclusive owner of the sole rights (including therein the rights for economic exploitation) of the My Profile area, the Content and/or all the material published, handled and divulged by said User on Svector;
b) that they undertake not to use and/or act so that the other Users and/or third parties avail themselves, also indirectly, of the Service, as well as all the material published, handled and divulged by said User on the platform:
– to transmit, distribute, publish, and/or supply contents of any kind which are illegitimate, unlawful, harmful, threatening, abusive, harassing, libellous and/or defamatory, vulgar, obscene, injurious of the privacy of the other Users and/or third parties and the confidentiality of the correspondence, racist, xenophobic, classist and /or in any event reprehensible, as well as damaging to the current national and supranational legislative and regulatory provisions;
– to transmit, distribute, publish or supply images, texts or anything else whose content is finalised at inciting illegal acts, violence and/or forms of bullying, sexual exploitation and/or violence against the individual, including the publication of pornographic or pedo-pornographic photos, offers of prostitution and/or other invitation of a sexual content, as well as links to adult-only sites;
– to transmit, distribute, publish and/or supply images, texts and/or anything else whose content incites violence against animals and representative of forms of violence vis-à-vis the same;
– to carry out propaganda, also political-trade union related, and/or the use of symbols which are prohibited and considered unlawful, illegitimate by Italian laws and/or those of the country of the User;
– to cause damage, in any manner, to minors;
– to request personal information of third parties, in particular minors;
– to further and/or establish criminal, fraudulent and/or unlawful activities including, by way of example but not limited to, paedophilia, induction to and exploitation of prostitution, fraud, cyber crimes, illegal trafficking of drugs, persecutory conduct, gambling, money laundering, theft and illegal trading, inclusive of industrial/trade secrets;
– to transmit, distribute advertising, promotional materials, junk mail, spam, chain letters, pyramids and/or any other form of unauthorised or unrequested solicitation including, merely by way of example but not limited to: prize competitions, games which have exclusively commerce ends and which require participation against payment and/or authorisation by the competent bodies, implementation and/or development of a network which achieves similar practices to sales networks or door-to-door sales with the purpose of creating a pyramid scheme and/or other similar practices;
– to disseminate and/or sponsor any product and/or service and/or offer on sale any product and/or service, except in the cases where this has been expressly authorised by the Proprietor;
– to carry out any activity whose exclusive and/or main purpose to that of avoiding the clauses of the Agreement, including, by way of example but not limited to, developing pages of just links to sites with contents not permitted by the same, manipulating the access contents and the statistics of the most frequently visited pages;
– to transmit, distribute, publish and/or supply contents of any type which are potentially detrimental, in any form, to the reputation of the Proprietor, Svector, the other Users and/or any third party, at the unquestionable discretion of said Proprietor;
– to assume the identity of another User, of other Users and/or of the Proprietor, with the intention of deceiving and/or causing damage to the same and/or to third parties;
– to carry out any framing, hacking (including, merely by way of example: forcing of credentials, defacing, code injection, reverse engineering), phishing, spamming, harvesting, and cloning activities on Svector and/or in relation to the Accounts;
– to transmit, distribute, publish or supply contents of any type which contain viruses, malware, Trojans or any other code, file or programme created to interrupt, destroy or limit the functioning of the software, the hardware or the telecommunications systems of Svector, of the other Users and/or third parties;
– to transmit, distribute, publish or supply encrypted contents, software which permits anonymity on the Internet or hidden pages or files not reachable via a link;
– to transmit, distribute, publish or supply files of any type also with access via password or hidden files without a link on My Profile which may lead to them;
– for the Service as file depositary or archive for files used by other servers;
– to use the Account and the Service to collate and conserve communications, mail, attachments and material contrary to this agreement also if not uploaded and/or received and/or shared by other Users;
– to have access or attempt to have access to Svector via automated programmes and/or services and/or in any event via any means other than the interface of the Svector portal and/or software provided by the Proprietor.
c) that My Profile, the Content, as well as all the material published, handled and divulged by the User is not contrary to copyright and is not detrimental to other intellectual property and/or industrial rights, patents, trade names and other distinguishing signs, professional and/or industrial secrets, also pursuant to Articles 622 and 623 of the Italian Criminal Code, know-how, copyrights and, furthermore, they do not represent unfair competition activities to the detriment of the other Users, the Proprietor and/or third parties.
The User is solely and exclusively responsible for providing proof of the observance of the afore-mentioned condition. It is understood from this point on that all the possible liabilities and legal fulfilments relating to the S.I.A.E. charges and/or the use of the identifying signs of the other Users and/or third parties are and will remain the exclusive liability and responsibility of the User;
d) that they have obtained in advance from the other Users and/or third parties, also pursuant to and for the purposes of the provisions as per Italian Legislative Decree No. 196 dated 30 June 2003, all the consents and discharges – where necessary – envisaged by the current Italian and international legislative and regulatory provisions with regard to the use, disclosure and/or divulgation and/or publication of My Profile, the Content, as well as any other material;
e) to undertake to:
– not use the brand, logo and/or trademark Svector the social vector, unless expressly authorised in writing by the Proprietor;
– not to divulge, duplicate, authorise, sub-licence, publish, sell, abusively use the information, including confidential, and in particular any know-how, awareness of which has come about in relation to and/or at the time of Svector, as well as to adopt all the appropriate measures so that said information remains strictly confidential, except in the cases expressly authorised by the Proprietor;
– not to make any form of communication and/or divulgation, or in any event utilisation, also via third parties and/or bodies, of any Svector corporate news, as well that of any other User and/or third party, in any event learnt of in relation to the use of the Service, to be understood from this point on to be unconditionally confidential, also if it does not involve genuine trade secrets, whether pertaining to Svector, to the Proprietor, as well as any other User and/or third party, subject to express authorisation in writing;
By way of example and not limited to, it is specified from this point on that confidential information must be understood to be:
– all the information relating to research and development, the products and the production procedures, applied or otherwise, patented or registered and otherwise, owned by and/or in any event available to the Proprietor, the Users and/or third parties;
– all the related documents, designs, codes, formulas, IT data, programmes, ideas on whatever medium stored.
f) to also undertake to:
– access and view the Content of other Users exclusively for personal and non-commercial reasons;
– not to use, copy, adapt, amend, prepare derivate work, distribute, grant under licence, sell, transfer, transmit, show publicly, disclose the Content of other Users;
The afore-mentioned commitments will bind the User also after the date of termination, for any reason, of the efficacy of the Agreement vis-à-vis the same, exception being made for the hypothesis of inclusion in the public domain, without prejudice however to compensation of the damage if this inclusion in the public domain is attributable to the User.
Without prejudice to the above, the User will remain the sole party responsible vis-à-vis any claim advanced by the other Users and/or by third parties due to the undue use of their submitted contents, also indirectly, in and/or via Svector:
– due to the violation of provisions regarding transportation in force in Italy and/or in the country of the User;
– due to direct and/or indirect damages, also eventual, contractual and/or otherwise, property related or otherwise, caused to other Users and/or third parties;
– due to the violation of any industrial property, intellectual property right as well as due to violation of any other applicable provision, or of any detriment of the rights of others;
– due to the divulgation, duplication, re-examination and tampering of the sensitive, private and confidential Content of other Users and/or third parties.
Therefore, the User, also appearing before the courts and permitting the exclusion, pursuant to Article 108 of the Italian Code of Civil Procedure, undertakes to release and keep Svector, the Proprietor, contractors for any reason of the Proprietor, as well as any other User and/or third parties unharmed, from any loss, damage, request for compensation, indemnification and/or other responsibilities, detriment, claim, cost and/or expense, including legal ones, deriving from the violations of the Agreement, also after its cessation for any reason.
The User acknowledges that they benefit from an autonomous and fair advantage and additional value with the Registration care of Svector and the use of the Service, also by virtue of the expenses and the costs incurred by the Proprietor for the provision of the same, as well as the creation, maintenance and management of Svector. Therefore, the User declares to and guarantees the Proprietor, the other Users and/or third parties their interest in undertaking these declarations of indemnity.
The User is obliged to report to the Proprietor, using specific instruments as per the User Guide, anomalies and/or abuses and/or critical aspects deriving from the violation of the Agreement and/or current provisions of the law perpetrated, also indirectly, via use of Svector.
In the event of one or more reports, without prejudice to any other remedy envisaged by the law, including therein the right to terminate the Agreement and compensation of all the damages suffered and to be suffered, and in any event without prejudice to any recourse and/or compensatory action on the party responsible for the violations of the previous articles, the Proprietor reserves herself the faculty – at her own discretion and without notice, without incurring fines and/or sanctions of any kind – to undertake any initiative deemed appropriate and/or necessary including by way of example but not limited to:
– reprimand the party allegedly responsible for the anomaly and/or abuse and/or critical aspect via e-mail;
– suspend and/or cancel and/or deactivate an Account;
– suspend and/or eliminate My Profile, the Content;
– suspend and/or cease at any moment the supply and/or the use of the Service;
The measures as per the above Article will be adopted by the Proprietor, at her unquestionable discretion, in proportion to the seriousness of the objective cases, the attitude of the subject element, the possible recourse of precedents and/or any other tangible relevant circumstance.
The User acknowledges the Proprietor the faculty to make the pending of a report as above visible to all the Users.
9. OBLIGATIONS OF THE USER – INDEMNIFICATION SUSPENSION AND CANCELLATION OF THE ACCOUNT
Besides the matters envisaged by other provisions of the Agreement, the User is obliged:
– not to use Svector so as to cause injury within the legal sphere of the other Users and/or third parties;
– not to use Svector to in turn provide a transport service, or part of a service, either free-of-charge or against payment;
– to keep with the due attention and not communicate, directly and/or indirectly, to other Users and/or to third parties, one’s credentials for accessing Svector and, in any event, not to permit anyone to use the same for the entire duration of the Agreement;
– to print out and keep the Agreement which, in any event, can always be viewed via the application:
– to inform the Proprietor of the change in their e-mail address for the purpose of permitting the same to send all the communications and/or documentation inherent to the use of Svector, as well as all the clauses of the Agreement;
– to inform the Proprietor of one’s data necessary for each legal fulfilment by the same;
– to provide the Proprietor with all the up-dated, complete and precise Data and to keep the same up-to-date for the entire duration of the Agreement.
Without this representing a limitation to the obligations envisaged in the previous section, it being understood that the User is and will remain the sole and exclusive party responsible for the My Profile area, the Content as well as any detrimental consequences which the My Profile area and the Content could lead to, also indirectly, for the other Users and/or the third parties, and thus with reference to the Agreement and the current legislation concerning civil and/or criminal and/or administrative aspects.
It is also understood that the each User is and will remain the sole and exclusive party responsible for all that is uploaded and/published by the same in the My Profile area, in the Content, in the Wishlist as well as any related detrimental consequences caused, also indirectly, for the other Users and/or the third parties, and thus with reference to the Agreement and the current legislation concerning civil and/or criminal and/or administrative aspects. The User who omits to report the above to the other Users will also be liable, without prejudice to the matters envisaged herein in the same Article 8.
Without this representing limitation to the obligations envisaged in the previous section, it is understood that the User declares and guarantees:
a) that they are the only and exclusive owner of the sole rights (including therein the rights for economic exploitation) of the My Profile area, the Content and/or all the material published, handled and divulged by said User on Svector;
b) that they undertake not to use and/or act so that the other Users and/or third parties avail themselves, also indirectly, of the Service, as well as all the material published, handled and divulged by said User on the platform:
– to transmit, distribute, publish, and/or supply contents of any kind which are illegitimate, unlawful, harmful, threatening, abusive, harassing, libellous and/or defamatory, vulgar, obscene, injurious of the privacy of the other Users and/or third parties and the confidentiality of the correspondence, racist, xenophobic, classist and /or in any event reprehensible, as well as damaging to the current national and supranational legislative and regulatory provisions;
– to transmit, distribute, publish or supply images, texts or anything else whose content is finalised at inciting illegal acts, violence and/or forms of bullying, sexual exploitation and/or violence against the individual, including the publication of pornographic or pedo-pornographic photos, offers of prostitution and/or other invitation of a sexual content, as well as links to adult-only sites;
– to transmit, distribute, publish and/or supply images, texts and/or anything else whose content incites violence against animals and representative of forms of violence vis-à-vis the same;
– to carry out propaganda, also political-trade union related, and/or the use of symbols which are prohibited and considered unlawful, illegitimate by Italian laws and/or those of the country of the User;
– to cause damage, in any manner, to minors;
– to request personal information of third parties, in particular minors;
– to further and/or establish criminal, fraudulent and/or unlawful activities including, by way of example but not limited to, paedophilia, induction to and exploitation of prostitution, fraud, cyber crimes, illegal trafficking of drugs, persecutory conduct, gambling, money laundering, theft and illegal trading, inclusive of industrial/trade secrets;
– to transmit, distribute advertising, promotional materials, junk mail, spam, chain letters, pyramids and/or any other form of unauthorised or unrequested solicitation including, merely by way of example but not limited to: prize competitions, games which have exclusively commerce ends and which require participation against payment and/or authorisation by the competent bodies, implementation and/or development of a network which achieves similar practices to sales networks or door-to-door sales with the purpose of creating a pyramid scheme and/or other similar practices;
– to disseminate and/or sponsor any product and/or service and/or offer on sale any product and/or service, except in the cases where this has been expressly authorised by the Proprietor;
– to carry out any activity whose exclusive and/or main purpose to that of avoiding the clauses of the Agreement, including, by way of example but not limited to, developing pages of just links to sites with contents not permitted by the same, manipulating the access contents and the statistics of the most frequently visited pages;
– to transmit, distribute, publish and/or supply contents of any type which are potentially detrimental, in any form, to the reputation of the Proprietor, Svector, the other Users and/or any third party, at the unquestionable discretion of said Proprietor;
– to assume the identity of another User, of other Users and/or of the Proprietor, with the intention of deceiving and/or causing damage to the same and/or to third parties;
– to carry out any framing, hacking (including, merely by way of example: forcing of credentials, defacing, code injection, reverse engineering), phishing, spamming, harvesting, and cloning activities on Svector and/or in relation to the Accounts;
– to transmit, distribute, publish or supply contents of any type which contain viruses, malware, Trojans or any other code, file or programme created to interrupt, destroy or limit the functioning of the software, the hardware or the telecommunications systems of Svector, of the other Users and/or third parties;
– to transmit, distribute, publish or supply encrypted contents, software which permits anonymity on the Internet or hidden pages or files not reachable via a link;
– to transmit, distribute, publish or supply files of any type also with access via password or hidden files without a link on My Profile which may lead to them;
– for the Service as file depositary or archive for files used by other servers;
– to use the Account and the Service to collate and conserve communications, mail, attachments and material contrary to this agreement also if not uploaded and/or received and/or shared by other Users;
– to have access or attempt to have access to Svector via automated programmes and/or services and/or in any event via any means other than the interface of the Svector portal and/or software provided by the Proprietor.
c) that My Profile, the Content, as well as all the material published, handled and divulged by the User is not contrary to copyright and is not detrimental to other intellectual property and/or industrial rights, patents, trade names and other distinguishing signs, professional and/or industrial secrets, also pursuant to Articles 622 and 623 of the Italian Criminal Code, know-how, copyrights and, furthermore, they do not represent unfair competition activities to the detriment of the other Users, the Proprietor and/or third parties.
The User is solely and exclusively responsible for providing proof of the observance of the afore-mentioned condition. It is understood from this point on that all the possible liabilities and legal fulfilments relating to the S.I.A.E. charges and/or the use of the identifying signs of the other Users and/or third parties are and will remain the exclusive liability and responsibility of the User;
d) that they have obtained in advance from the other Users and/or third parties, also pursuant to and for the purposes of the provisions as per Italian Legislative Decree No. 196 dated 30 June 2003, all the consents and discharges – where necessary – envisaged by the current Italian and international legislative and regulatory provisions with regard to the use, disclosure and/or divulgation and/or publication of My Profile, the Content, as well as any other material;
e) to undertake to:
– not use the brand, logo and/or trademark Svector the social vector, unless expressly authorised in writing by the Proprietor;
– not to divulge, duplicate, authorise, sub-licence, publish, sell, abusively use the information, including confidential, and in particular any know-how, awareness of which has come about in relation to and/or at the time of Svector, as well as to adopt all the appropriate measures so that said information remains strictly confidential, except in the cases expressly authorised by the Proprietor;
– not to make any form of communication and/or divulgation, or in any event utilisation, also via third parties and/or bodies, of any Svector corporate news, as well that of any other User and/or third party, in any event learnt of in relation to the use of the Service, to be understood from this point on to be unconditionally confidential, also if it does not involve genuine trade secrets, whether pertaining to Svector, to the Proprietor, as well as any other User and/or third party, subject to express authorisation in writing;
By way of example and not limited to, it is specified from this point on that confidential information must be understood to be:
– all the information relating to research and development, the products and the production procedures, applied or otherwise, patented or registered and otherwise, owned by and/or in any event available to the Proprietor, the Users and/or third parties;
– all the related documents, designs, codes, formulas, IT data, programmes, ideas on whatever medium stored.
f) to also undertake to:
– access and view the Content of other Users exclusively for personal and non-commercial reasons;
– not to use, copy, adapt, amend, prepare derivate work, distribute, grant under licence, sell, transfer, transmit, show publicly, disclose the Content of other Users;
The afore-mentioned commitments will bind the User also after the date of termination, for any reason, of the efficacy of the Agreement vis-à-vis the same, exception being made for the hypothesis of inclusion in the public domain, without prejudice however to compensation of the damage if this inclusion in the public domain is attributable to the User.
Without prejudice to the above, the User will remain the sole party responsible vis-à-vis any claim advanced by the other Users and/or by third parties due to the undue use of their submitted contents, also indirectly, in and/or via Svector:
– due to the violation of provisions regarding transportation in force in Italy and/or in the country of the User;
– due to direct and/or indirect damages, also eventual, contractual and/or otherwise, property related or otherwise, caused to other Users and/or third parties;
– due to the violation of any industrial property, intellectual property right as well as due to violation of any other applicable provision, or of any detriment of the rights of others;
– due to the divulgation, duplication, re-examination and tampering of the sensitive, private and confidential Content of other Users and/or third parties.
Therefore, the User, also appearing before the courts and permitting the exclusion, pursuant to Article 108 of the Italian Code of Civil Procedure, undertakes to release and keep Svector, the Proprietor, contractors for any reason of the Proprietor, as well as any other User and/or third parties unharmed, from any loss, damage, request for compensation, indemnification and/or other responsibilities, detriment, claim, cost and/or expense, including legal ones, deriving from the violations of the Agreement, also after its cessation for any reason.
The User acknowledges that they benefit from an autonomous and fair advantage and additional value with the Registration care of Svector and the use of the Service, also by virtue of the expenses and the costs incurred by the Proprietor for the provision of the same, as well as the creation, maintenance and management of Svector. Therefore, the User declares to and guarantees the Proprietor, the other Users and/or third parties their interest in undertaking these declarations of indemnity.
The User is obliged to report to the Proprietor, using specific instruments as per the User Guide, anomalies and/or abuses and/or critical aspects deriving from the violation of the Agreement and/or current provisions of the law perpetrated, also indirectly, via use of Svector.
In the event of one or more reports, without prejudice to any other remedy envisaged by the law, including therein the right to terminate the Agreement and compensation of all the damages suffered and to be suffered, and in any event without prejudice to any recourse and/or compensatory action on the party responsible for the violations of the previous articles, the Proprietor reserves herself the faculty – at her own discretion and without notice, without incurring fines and/or sanctions of any kind – to undertake any initiative deemed appropriate and/or necessary including by way of example but not limited to:
– reprimand the party allegedly responsible for the anomaly and/or abuse and/or critical aspect via e-mail;
– suspend and/or cancel and/or deactivate an Account;
– suspend and/or eliminate My Profile, the Content;
– suspend and/or cease at any moment the supply and/or the use of the Service;
The measures as per the above Article will be adopted by the Proprietor, at her unquestionable discretion, in proportion to the seriousness of the objective cases, the attitude of the subject element, the possible recourse of precedents and/or any other tangible relevant circumstance.
The User acknowledges the Proprietor the faculty to make the pending of a report as above visible to all the Users.
10. MODIFICATION, SUSPENSION AND INTERRUPTION OF THE SVECTOR
The Agreement refers exclusively to the Svector on-line digital platform in the technological and legal state emerging at the time of acceptance of the same and its subsequent modifications and/or additions. Each Svector service is made accessible and offered by the Proprietor “as is” and “as available” and, in general, without any promise and/or guarantee in terms of compatibility and suitability for the purpose – particular or otherwise – of the User and, furthermore, without any promise and/or guarantee with regard to the fact that Svector makes it possible to achieve specific results and complies with the requirements of other similar services rendered by any other party operating on the market and/or the expectations of the User, within the limits that this does not contrast with the current provisions of the law. Without prejudice to the previous articles, the Proprietor reserves herself the right to activate, modify, replace, suspend and/or interrupt all and some of the Svector services and/or part of them, as well as introduce and/or modify, in full or in part, the paid services and the related prices or, in any event, not to authorise the use of the Account, and thus without the acknowledgement of any reimbursement, indemnity and/or compensation for the User and also without this producing effects and/or consequences on the contractual relationships possibly underway, further to the entering into of a purchase and/or transport agreement with another User, which, given their autonomy, will continue to bind the parties respectively entering into an agreement under the conditions and terms envisaged herein. The Proprietor reserves herself the faculty to exercise the right indicated above at her unquestionable discretion and opinion, at any time and in any form. It is understood that the Proprietor will not in any case and for any reason be considered responsible vis-à-vis the Users, the other Users and/or third parties, for the modification, suspension, interruption and/or termination of Svector. In any event, the Proprietor shall not be considered responsible vis-à-vis the User, the other Users and/or third parties for errors, omissions, interruptions, cancellations, defects, delays in the functioning or the transmission, anomalies on the line, theft, destruction, unauthorised access or alteration of communications, occurring during ordinary maintenance of the platform and/or that aimed at removing the afore-mentioned possible faults and/or defects from the Service.
10. MODIFICATION, SUSPENSION AND INTERRUPTION OF THE SVECTOR
The Agreement refers exclusively to the Svector on-line digital platform in the technological and legal state emerging at the time of acceptance of the same and its subsequent modifications and/or additions.
Each Svector service is made accessible and offered by the Proprietor “as is” and “as available” and, in general, without any promise and/or guarantee in terms of compatibility and suitability for the purpose – particular or otherwise – of the User and, furthermore, without any promise and/or guarantee with regard to the fact that Svector makes it possible to achieve specific results and complies with the requirements of other similar services rendered by any other party operating on the market and/or the expectations of the User, within the limits that this does not contrast with the current provisions of the law.
Without prejudice to the previous articles, the Proprietor reserves herself the right to activate, modify, replace, suspend and/or interrupt all and some of the Svector services and/or part of them, as well as introduce and/or modify, in full or in part, the paid services and the related prices or, in any event, not to authorise the use of the Account, and thus without the acknowledgement of any reimbursement, indemnity and/or compensation for the User and also without this producing effects and/or consequences on the contractual relationships possibly underway, further to the entering into of a purchase and/or transport agreement with another User, which, given their autonomy, will continue to bind the parties respectively entering into an agreement under the conditions and terms envisaged herein.
The Proprietor reserves herself the faculty to exercise the right indicated above at her unquestionable discretion and opinion, at any time and in any form.
It is understood that the Proprietor will not in any case and for any reason be considered responsible vis-à-vis the Users, the other Users and/or third parties, for the modification, suspension, interruption and/or termination of Svector.
In any event, the Proprietor shall not be considered responsible vis-à-vis the User, the other Users and/or third parties for errors, omissions, interruptions, cancellations, defects, delays in the functioning or the transmission, anomalies on the line, theft, destruction, unauthorised access or alteration of communications, occurring during ordinary maintenance of the platform and/or that aimed at removing the afore-mentioned possible faults and/or defects from the Service.
The uploading of the material and/or the data uploaded or obtained by means of the use of Svector takes place at the exclusive discretion and risk of the User, with the consequence that the same will be the sole and exclusive party responsible for any damages in relation to their mobile device and connection software, as well as any loss of data which may derive therefrom.
The Proprietor adopts all the measures suitable for the protection of the above contents. Having taken into account the Internet characteristics, the Proprietor cannot guarantee against the risk of further divulgation and/or use and/or diversion and/or piracy of the afore-mentioned contents, in relation to which she cannot be held responsible.
Without prejudice to the previous articles and in consideration of the internet and Svector characteristics, the Proprietor – without prejudice to the case of fraudulent intent or gross negligence, cannot in any event be considered to be responsible for any type of damage, liability, detriment, loss of profit and costs borne by the User, by the parties directly and indirectly associated with the same or by third parties:
– due to the use, in any form, of the Service and/or part of the same;
– due to the impossibility of using all or some of the Svector services and/or part of the same, as a consequence of suspensions, interruptions, delays, malfunctions, problems and/or technical faults to the same caused, by way of example but not limited to, by:
a) force majeure;
b) tampering and/or measures on the platform and/or on the equipment carried out, also indirectly, by the User and/or by third parties not authorised by the Proprietor;
c) malfunctioning of the hardware and/or software terminals (bugs and anomalies);
d) malfunctioning and/or total and/or partial interruption of the networks and/or the telephone lines, the on-line IT systems, the servers, the providers, the IT equipment, the software, the e-mail programmes and/or the audio/video reproduction programmes, also caused by congestion of traffic on the internet;
e) maintenance, up-dating and technical improvements.
– due to any message received from the Proprietor and/or via the same;
– due to unauthorised access or alteration of transmissions and/or data of the User, including therein and among other aspects the possible damage, including economic, possibly suffered by the same User due to lack of profit, use, loss of data or other tangible or intangible elements.
Despite undertaking, insofar as it is her responsibility, to intervene within a reasonably short space of time so as to remedy any malfunctioning of Svector or disservice which should present itself and/or which is reported to her by the Users, the Proprietor does not undertake any guarantee of any type of kind with regard to possible consequent malfunctions and/or disservices of the afore-mentioned elements, such as to render them temporarily unusable and such as to cause possible errors, omissions, interruptions, cancellations, defects, delays in the functioning or transmission, anomalies on the line, theft, destruction, unauthorised access or alteration of communications.
The performance by the Proprietor of all and each form of explicit and/or implicit guarantee is in any event expressly excluded, to the extent that this does not contrast with current provisions of the law.
In no event, subject to fraudulent intent or gross negligence, may any claim be made, including for compensation of damages, vis-à-vis the Proprietor by the User, the parties directly and/or indirectly associated with the same and/or third parties, for malfunctioning and/or interruption, total and/or partial of Svector, such as to also cause possible direct and/or indirect damages, errors, omissions, interruptions, cancellations, defects, delays in the functioning and/or transmission, anomalies on the line, theft, destruction, unauthorised access and/or alteration of communications of the users, without prejudice to the matters envisaged by the Italian Legislative Decree No. 196/2003 and by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016..
The uploading of the material and/or the data uploaded or obtained by means of the use of Svector takes place at the exclusive discretion and risk of the User, with the consequence that the same will be the sole and exclusive party responsible for any damages in relation to their mobile device and connection software, as well as any loss of data which may derive therefrom.
The Proprietor adopts all the measures suitable for the protection of the above contents. Having taken into account the Internet characteristics, the Proprietor cannot guarantee against the risk of further divulgation and/or use and/or diversion and/or piracy of the afore-mentioned contents, in relation to which she cannot be held responsible.
Without prejudice to the previous articles and in consideration of the internet and Svector characteristics, the Proprietor – without prejudice to the case of fraudulent intent or gross negligence, cannot in any event be considered to be responsible for any type of damage, liability, detriment, loss of profit and costs borne by the User, by the parties directly and indirectly associated with the same or by third parties:
– due to the use, in any form, of the Service and/or part of the same;
– due to the impossibility of using all or some of the Svector services and/or part of the same, as a consequence of suspensions, interruptions, delays, malfunctions, problems and/or technical faults to the same caused, by way of example but not limited to, by:
a) force majeure;
b) tampering and/or measures on the platform and/or on the equipment carried out, also indirectly, by the User and/or by third parties not authorised by the Proprietor;
c) malfunctioning of the hardware and/or software terminals (bugs and anomalies);
d) malfunctioning and/or total and/or partial interruption of the networks and/or the telephone lines, the on-line IT systems, the servers, the providers, the IT equipment, the software, the e-mail programmes and/or the audio/video reproduction programmes, also caused by congestion of traffic on the internet;
e) maintenance, up-dating and technical improvements.
– due to any message received from the Proprietor and/or via the same;
– due to unauthorised access or alteration of transmissions and/or data of the User, including therein and among other aspects the possible damage, including economic, possibly suffered by the same User due to lack of profit, use, loss of data or other tangible or intangible elements.
Despite undertaking, insofar as it is her responsibility, to intervene within a reasonably short space of time so as to remedy any malfunctioning of Svector or disservice which should present itself and/or which is reported to her by the Users, the Proprietor does not undertake any guarantee of any type of kind with regard to possible consequent malfunctions and/or disservices of the afore-mentioned elements, such as to render them temporarily unusable and such as to cause possible errors, omissions, interruptions, cancellations, defects, delays in the functioning or transmission, anomalies on the line, theft, destruction, unauthorised access or alteration of communications.
The performance by the Proprietor of all and each form of explicit and/or implicit guarantee is in any event expressly excluded, to the extent that this does not contrast with current provisions of the law.
In no event, subject to fraudulent intent or gross negligence, may any claim be made, including for compensation of damages, vis-à-vis the Proprietor by the User, the parties directly and/or indirectly associated with the same and/or third parties, for malfunctioning and/or interruption, total and/or partial of Svector, such as to also cause possible direct and/or indirect damages, errors, omissions, interruptions, cancellations, defects, delays in the functioning and/or transmission, anomalies on the line, theft, destruction, unauthorised access and/or alteration of communications of the users, without prejudice to the matters envisaged by the Italian Legislative Decree No. 196/2003 and by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016..
The Agreement and the related Service have a strictly personal nature and, consequently, the User does not have the right to assign and/or delegate, against payment or free-of-charge, in full or in part, temporarily or definitively, the Agreement, the rights and the obligations deriving from the same, as well as the Service, or transfer the same, for any reason, without the prior and explicit written consent of the Proprietor. Each assignment, delegation and transfer, even apparent, will be ineffective.
The Proprietor has the right to assign and/or delegate, against payment or free-of-charge, in full or in part, temporarily or definitively, this Agreement, the rights and the obligations deriving from the same, as well as the Service, or transfer the same, for any reason, without the prior and explicit written consent of the User.
The Agreement and the related Service have a strictly personal nature and, consequently, the User does not have the right to assign and/or delegate, against payment or free-of-charge, in full or in part, temporarily or definitively, the Agreement, the rights and the obligations deriving from the same, as well as the Service, or transfer the same, for any reason, without the prior and explicit written consent of the Proprietor. Each assignment, delegation and transfer, even apparent, will be ineffective.
The Proprietor has the right to assign and/or delegate, against payment or free-of-charge, in full or in part, temporarily or definitively, this Agreement, the rights and the obligations deriving from the same, as well as the Service, or transfer the same, for any reason, without the prior and explicit written consent of the User.
The Proprietor has the power to amend or change at any time the conditions, terms and formalities for availing of and using each Svector service, for any reason, without prejudice to the right of the User to withdraw envisaged by the following section.
Any amendments to the terms and conditions of the Agreement, or the composition of the Svector offer, which involve substantial changes, not merely descriptive, to this agreement, will be communicated by means of publication of notice on the platform or via e-mail, and thus for the purpose of permitting the User to be able to view the same and express their consent by means of express acceptance, clicking on the virtual “accept” key, or de facto, by means of the use of Svector after the communication of the amendments or the integrations. The latter will be effective as from the same day as their publication on the platform, without prejudice to the right of the User to withdraw from this Agreement, in the event of failure to accept the same.
The amendments which do not have the effects described above may be freely made by the Proprietor by virtue of a right which is granted to her as a result of this Agreement.
The Proprietor has the faculty to include additional and different services in the Svector offer disciplined by this Agreement, free-of-charge and/or for payment, with respect to those listed above. The Users will receive communication of any additional services by means of publication of a notice on the platform, or communication via e-mail.
The Proprietor has the power to amend or change at any time the conditions, terms and formalities for availing of and using each Svector service, for any reason, without prejudice to the right of the User to withdraw envisaged by the following section.
Any amendments to the terms and conditions of the Agreement, or the composition of the Svector offer, which involve substantial changes, not merely descriptive, to this agreement, will be communicated by means of publication of notice on the platform or via e-mail, and thus for the purpose of permitting the User to be able to view the same and express their consent by means of express acceptance, clicking on the virtual “accept” key, or de facto, by means of the use of Svector after the communication of the amendments or the integrations. The latter will be effective as from the same day as their publication on the platform, without prejudice to the right of the User to withdraw from this Agreement, in the event of failure to accept the same.
The amendments which do not have the effects described above may be freely made by the Proprietor by virtue of a right which is granted to her as a result of this Agreement.
The Proprietor has the faculty to include additional and different services in the Svector offer disciplined by this Agreement, free-of-charge and/or for payment, with respect to those listed above. The Users will receive communication of any additional services by means of publication of a notice on the platform, or communication via e-mail.
The User, by means of entering into this Agreement, authorises the Proprietor – for the sole and exclusive purpose of promoting Svector – to use My Profile, the Content and/or their extract, also audio or video, within the limits in which this use is consistent with the same end.
Each User acknowledges that the afore-mentioned use will take place without additional consent, notice and/or remuneration of the User, the parties directly and/or indirectly connected with the latter and third parties.
The User, by means of entering into this Agreement, authorises the Proprietor – for the sole and exclusive purpose of promoting Svector – to use My Profile, the Content and/or their extract, also audio or video, within the limits in which this use is consistent with the same end.
Each User acknowledges that the afore-mentioned use will take place without additional consent, notice and/or remuneration of the User, the parties directly and/or indirectly connected with the latter and third parties.
With prejudice to the observance of this Agreement, the Proprietor grants each User a limited non-exclusive licence, not transferable, for downloading and installing a copy of the Svector Application on each mobile device or computer owned and/or used by the User and to run this copy of the Svector Application exclusively for personal use.
The Proprietor reserves herself all the rights on the Svector Application not expressly agreed by means of this Agreement.
With prejudice to the observance of this Agreement, the Proprietor grants each User a limited non-exclusive licence, not transferable, for downloading and installing a copy of the Svector Application on each mobile device or computer owned and/or used by the User and to run this copy of the Svector Application exclusively for personal use.
The Proprietor reserves herself all the rights on the Svector Application not expressly agreed by means of this Agreement.
The completion of the Registration procedure on Svector is subordinate to the acceptance of these Terms and Conditions and the Privacy Policy.
The Proprietor undertakes to observe all the current provisions of the law.
All the information on the processing of personal data can be found in the Privacy Policy.
Each User accepts that their personal data (merely by way of example but not limited to: name and initial of surname, feedback, photos) are visible to the other Users with whom the system identifies a matching.
In any event, the responsibility of the Proprietor is excluded for the improper use of the data indicated above by the other Users and/or third parties.
The completion of the Registration procedure on Svector is subordinate to the acceptance of these Terms and Conditions and the Privacy Policy.
The Proprietor undertakes to observe all the current provisions of the law.
All the information on the processing of personal data can be found in the Privacy Policy.
Each User accepts that their personal data (merely by way of example but not limited to: name and initial of surname, feedback, photos) are visible to the other Users with whom the system identifies a matching.
In any event, the responsibility of the Proprietor is excluded for the improper use of the data indicated above by the other Users and/or third parties.
This Agreement and subsequent amendments, including the related attachments, represent the entire, complete and sole agreement between the User and the Proprietor, replacing any previous agreement both written and oral or established by the customs and practices.
This Agreement and subsequent amendments, including the related attachments, are drawn up in Italian. In the event of conflict between the translated versions of the same and the Italian version, the latter shall prevail.
The eventual tolerance by one party of the conduct of the other party which violates the Agreement, does not represent waiver of the rights deriving from the same, including therein the legal provisions referred to therein.
Any omission of enforcing one or more rights envisaged by the Agreement does not represent waiver of the same and will not therefore prevent the exacting of the precise fulfilment of the same at any other time.
In the event that certain provisions of the Agreement are deemed null, invalid, ineffective and/or inapplicable, the same shall have to be corrected for the purpose of making them licit, valid, effective and/or applicable, maintaining the intent behind them; if this is not possible, they must be replaced by others which are valid, licit, effective and applicable and which achieve the same objective. In any event, the remaining provisions, legally and functionally independent from said clauses, will at any rate have to be deemed fully valid and effective.
Without prejudice to the previous articles, the Agreement will continue to be effective in relation to all those clauses from which rights and obligations arise destined to outlive its termination.
The User may contact the Proprietor and her contract workers for any requests for technical support relating to the Service following the instructions present in the FAQ section or on Svector.
If not otherwise envisaged, any communication between the Parties required or permitted by the Agreement will be made via e-mail to the following address support@svector.net, in addition or in alternative, via mail care of the tax domicile of the Proprietor in piazza Giovanni Perego, 8, Milan, Italy.
All the communications of a legal and/or judicial nature and efficacy, including therein the judicial notifications, shall have to be sent exclusively to the tax domicile of the Proprietor.
It is understood from this point on that all the possible liabilities and legal fulfilments relating to the S.I.A.E. charges and/or the use of the identifying signs of third parties are and will remain the exclusive liability and responsibility of the User.
This Agreement and subsequent amendments, including the related attachments, represent the entire, complete and sole agreement between the User and the Proprietor, replacing any previous agreement both written and oral or established by the customs and practices.
This Agreement and subsequent amendments, including the related attachments, are drawn up in Italian. In the event of conflict between the translated versions of the same and the Italian version, the latter shall prevail.
The eventual tolerance by one party of the conduct of the other party which violates the Agreement, does not represent waiver of the rights deriving from the same, including therein the legal provisions referred to therein.
Any omission of enforcing one or more rights envisaged by the Agreement does not represent waiver of the same and will not therefore prevent the exacting of the precise fulfilment of the same at any other time.
In the event that certain provisions of the Agreement are deemed null, invalid, ineffective and/or inapplicable, the same shall have to be corrected for the purpose of making them licit, valid, effective and/or applicable, maintaining the intent behind them; if this is not possible, they must be replaced by others which are valid, licit, effective and applicable and which achieve the same objective. In any event, the remaining provisions, legally and functionally independent from said clauses, will at any rate have to be deemed fully valid and effective.
Without prejudice to the previous articles, the Agreement will continue to be effective in relation to all those clauses from which rights and obligations arise destined to outlive its termination.
The User may contact the Proprietor and her contract workers for any requests for technical support relating to the Service following the instructions present in the FAQ section or on Svector.
If not otherwise envisaged, any communication between the Parties required or permitted by the Agreement will be made via e-mail to the following address support@svector.net, in addition or in alternative, via mail care of the tax domicile of the Proprietor in piazza Giovanni Perego, 8, Milan, Italy.
All the communications of a legal and/or judicial nature and efficacy, including therein the judicial notifications, shall have to be sent exclusively to the tax domicile of the Proprietor.
It is understood from this point on that all the possible liabilities and legal fulfilments relating to the S.I.A.E. charges and/or the use of the identifying signs of third parties are and will remain the exclusive liability and responsibility of the User.
This Agreement is disciplined by the essential and procedural laws of the Italian State.
With regard to any dispute relating to or associated with this Agreement, including by way of example but not limited to, the validity, the interpretation, the effectiveness and execution of the same, the use of the Service, as well as any element which can be linked to the same, pursuant to Italian Legislative Decree No. 206/2005, the court of residence or domicile of the User has jurisdiction, if located in Italy. In all the other cases, the Milan Court has exclusive jurisdiction.
This Agreement is disciplined by the essential and procedural laws of the Italian State.
With regard to any dispute relating to or associated with this Agreement, including by way of example but not limited to, the validity, the interpretation, the effectiveness and execution of the same, the use of the Service, as well as any element which can be linked to the same, pursuant to Italian Legislative Decree No. 206/2005, the court of residence or domicile of the User has jurisdiction, if located in Italy. In all the other cases, the Milan Court has exclusive jurisdiction.
With regard to any matters not expressly envisaged by the clauses of this agreement, the current legal provisions will apply, where expressly envisaged.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code as well, the parties specifically approve, subject to the reading of each clause and the rereading of the following:
Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17.
With regard to any matters not expressly envisaged by the clauses of this agreement, the current legal provisions will apply, where expressly envisaged.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code as well, the parties specifically approve, subject to the reading of each clause and the rereading of the following:
Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17.
Svector the social vector, 2017 ©
Svector the social vector, 2017 ©