Terms and Conditions of Use of WeRoad Services
1. TERMS AND CONDITIONS - INTRODUCTION
"WeRoad", "we", "us" and "our(s)" refer to WeRoad S.r.l.
"Site" refers to the website, including mobile versions, on which WeRoad's services are made available.
"Conditions of Sale" refers to the general conditions of sale of tourist packages, available for consultation at the following link: general conditions
"Owner" refers to the company WeRoad S.r.l., with registered office in Milan (Mi- 20143), Viale Cassala n. 30, Fiscal Code and VAT P.IVA 10380820968, Company Register Milan 08/06/2018 n. 10380820968, Num. R.E.A.: MI-2526851; [email protected]
"Service" means the features and functionality of the Site that can be used by the User; thus, all services made available on the WeRoad website.
"Tourist Package" means the trip, vacation, all-inclusive circuit resulting from the combination, by whomever and in whatever manner realized, of at least two of the following elements, sold or offered for sale at a flat rate price: (a) transportation; (b) lodging; (c) tourist services not ancillary to transportation or lodging that constitute, for the satisfaction of the tourist's recreational needs, a significant part of the package; (d) any other tourist service that does not constitute an integral part of one of the tourist services referred to in (a), (b), (c), and is not a financial or insurance service;
"Terms and Conditions" means these Terms and Conditions of Use of the Site, which constitute a legally binding agreement between the User and the Owner.
"User" "you" "your" and similar terms refers to the natural or legal person using the Site.
"Consumer User" means a natural person who requests a service offered by the Site for purposes unrelated to any business or professional activity he or she may be engaged in.
3. OWNER OF THE SITE AND RELATED SERVICES IS
Viale Cassala, 30
20143 Milan (MI)
Milan Chamber of Commerce
4. PRESENTATION OF THE SITE AND RELATED SERVICES
The Site is dedicated to the presentation and purchase of tour packages and allows the User to:
check the destinations and dates available with reference to tourist packages presented by the Owner on the Site;
submit contact requests to the Owner in order to receive more information about the presented Tourist Packages;
configure their own Tourist Package by selecting the services of their liking;
conclude the purchase of a Tourist Package.
The Service is reserved for the User of legal age.
5. OPERATION OF THE PORTAL
WeRoad si ripromette di adoperarsi, per quanto ragionevolmente possibile, secondo uno standard di ragionevolezza commerciale, per fare in modo che il Sito sia sempre accessibile. Tuttavia, l'amministratore non sarà responsabile se, per una qualunque ragione, il Sito possa essere indisponibile anche solo per limitati periodi di tempo.
Per garantire all’Utente la migliore fruizione possibile del Servizio, il Titolare si riserva il diritto di interrompere il medesimo per necessità di manutenzione o aggiornamento del sistema, informando l’Utente attraverso aggiornamenti costanti.
6. ACCOUNT SUSPENSION AND CANCELLATION
The Owner reserves the right, in its sole discretion and without the exercise of such right giving rise to any claim of default or breach of these Terms and Conditions, to suspend or delete User's account if it believes that:
User has violated the Terms and Conditions;
Your access to or use of the Service may cause harm to the Owner, other users or third parties;
User's use of the Site may result in a violation of applicable law or regulations;
In case of investigations conducted as a result of legal action or due to Public Authority involvement;
The User's account is deemed by the Owner, in its sole discretion and for any reason whatsoever, to be inappropriate or offensive or in violation of the Terms and Conditions.
There are reasonable grounds to believe that the Service is or may be used by unauthorized third parties;
There is a force majeure event or circumstances that, in the sole discretion of the Owner, require emergency action or resolution of security issues, danger to the entire infrastructure and/or people and/or property (in the latter case, the User account will be reinstated as soon as the Owner, in its sole discretion, can believe that the cause of the suspension of the Service has been effectively removed or eliminated);
the User is involved, in any capacity, in any judicial or extrajudicial litigation of a civil, criminal or administrative nature, and, in any event, if such litigation may involve actions or measures against the Service or the Owner;
The suspension is required by any court of law.
Any account suspension attributable to the User shall be without prejudice to the Holder's right to claim compensation for any damages suffered.
7. SITE REGISTRATION
The User is not required to register in order to explore and use the Site.
Each registration to the Site is valid for only one User. Any identification code, password, username or other, is a constituent part of the security systems and procedures activated by WeRoad to protect the system and the data stored on the Site. Therefore, they cannot be disclosed to anyone, even within a group albeit a specific one. WeRoad reserves the right to disable the identification code, password and/or user-name related to any user of the Site, when, in the sole opinion of WeRoad, there has been a violation of any clause in the Terms and Conditions.
Responsibility for the confidentiality and use of the password rests solely with the User who assumes all risk thereof.
Registered Users may deactivate their account, request its deletion, or discontinue use of the Service at any time by contacting the Owner directly. With account deletion, the User may only visit the Site but will not have access to additional services that require registration.
8. USER BEHAVIOR AND PROPRIETARY MATERIAL
The User agrees not to post or transmit in or from the Site any material:
Which is intimidating, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, such as to incite racial hatred, discriminatory or discriminating, threatening, scandalous, inciting, blasphemous, injurious to obligations of secrecy, invasive of privacy, or which may in any way produce annoyance or harm;
For which the necessary licenses or approvals have not been obtained;
That depicts or encourages conduct that could be considered a form of crime, that could engender the liability of anyone, that is in any way contrary to law, public order or morality, or that harms the rights of third parties anywhere in the world;
Which cause harm (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, defective components, corrupted data or other software with harmful content or capable of harm). The User may not misuse the Site (without limitation, by conducting hacking activities).
WeRoad will actively cooperate with the Public Authorities in charge of conducting investigations and will comply with any order of Judicial Authorities requesting or directing WeRoad to disclose the identity or identify individuals who transmit or post material that does not comply with the law and/or the above.
In all cases referred to in Sections 8.2 and 8.3, WeRoad is entitled to proceed as per Section 6.1.
9. INDUSTRIAL AND INTELLECTUAL PROPERTY - CONTENT AVAILABLE ON THE SITE - NON-CONSENTED USE OF THE SITE
WeRoad is the exclusive owner of the contents of the Site, including - by way of example but not limited to - the texts, documents, images, logos, photographs, page layout, design, know-how and products offered for sale; some of the aforementioned contents may be covered by copyrights, trademarks, patents, models and/or other industrial and intellectual property rights recognized by the Italian and international law.
The Owner grants to the User, for the entire duration of the contract, a personal, non-transferable and non-exclusive license, exclusively for personal and never commercial purposes and limited to the device in use by the User for the use of such content. Therefore, the User is expressly prohibited from, but not limited to, copying and/or downloading and/or sharing (except to the extent set forth below), modifying, publishing, transmitting, selling, sub-licensing, processing, transferring/assigning to third parties, creating derivative works in any way from the content, including third party content, available on the Site, nor allowing third parties to do so through the User or his/her device, even without his/her knowledge.
Where expressly stated on the Site, the User, for mere personal use, may be permitted to download and/or copy and/or share certain content made available on the Site, provided that he or she faithfully reproduces all copyright and other notices provided by the Owner.
By submitting, posting or displaying content on or through the Site, the User grants to the Owner an unrestricted, non-exclusive, royalty-free, territorial or time-limited license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any media or distribution method currently available or hereafter developed.
You may use services and content included on the Site provided by third parties, but you must first have read and agreed to the terms and conditions of such third parties. Under no circumstances shall the Owner be held liable in connection with the proper functioning or availability, or both, of services and content provided by third parties.
The User is not permitted to:
Reverse engineer, decompile, disassemble, modify or create derivative works based on the Site or any portion thereof.
Hack computer systems used by WeRoad or its licensors to protect content accessible through the Site.
Copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by the Site.
Use any robot, spider, search and/or site-finding application or any other automated device, process or means to access, retrieve, scrap or index any portion of the Site or its content.
Renting, licensing or sublicensing the Site.
Defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
Spread or post content that is illegal, obscene, illegitimate, defamatory or inappropriate.
Unlawfully appropriating the account in use by another User.
Use the Site for the purpose of approaching Users to promote, sell, or advertise in any way products or services of any kind through.
Use the Site in any other improper manner such that it violates these Terms and Conditions. In this case WeRoad is entitled to proceed as set forth in clause 6.1.
All trademarks, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, appearing on the Site concerning WeRoad are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties. All trademarks, figurative or named and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the content posted by such third parties on the Site are and remain the exclusive property of such third parties or their licensors and are protected by applicable trademark laws and related international treaties. The Owner does not own any such intellectual property rights and may use them only within the limits of and in accordance with the agreements entered into with such third parties and for the purposes outlined therein.
10. DISCLAIMER OF LIABILITY
You are responsible for your use of the Site independently and at your sole risk, it being understood that WeRoad disclaims any liability with respect to any damage or injury suffered in any way by you as a result of accessing and using or downloading any material in any capacity on the Site, including viruses, malware or other malicious electronic content.
The Owner does not perform any prior moderation on content or links provided by third parties displayed on the Site. The Owner is not responsible for such content or its accessibility.
WeRoad is not responsible for the content of any other website that should be made accessible through links or multimedia links on the Site, it being understood that such links are provided solely for the purpose of enabling the User to access more complete information. The User is not authorized to create links to the Site without the prior written consent of Weroad.
WeRoad is also not responsible for: (a) any loss that is a direct result of violation of these Terms and Conditions; (b) any loss of business opportunity and any other loss, including indirect loss, that may be suffered by the User (such as, but not limited to, loss of business, loss of revenue, income, profit or deemed savings, loss of contracts or business relationships, loss of reputation or loss of goodwill value; c) damages or losses resulting from interruptions or malfunctions of the Site due to force majeure events or, in any case, events independent of the will and outside the sphere of control of the Owner such as, but not limited to, failures or interruptions to telephone or electricity lines, the Internet network and/or in any case other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruption in the attack of products, services or applications of third parties; d) incorrect use of the Site by the User or third parties.
The User agrees to hold the Owner (as well as any companies controlled or affiliated by it, its representatives, directors, agents, licensors, partners and employees) harmless from any obligation or liability, including any legal fees incurred in defending itself in court, that may arise from damages caused to other users or third parties, in connection with the content uploaded online, violation of the terms of the law or the terms of these Terms and Conditions.
The Owner reserves the right to decide to discontinue or suspend the display of certain content posted by the User or third parties in the event that: a) complaints are received from other users; b) it receives a report of infringement of intellectual property rights; c) it believes it must do so in anticipation of, or as a result of, legal action; d) such action is required by the Public Authorities; e) it believes that such content, by remaining accessible through the Site, could endanger users, third parties, the availability of the Service and/or the Owner itself.
11. PROCESSING OF DATA
12. APPLICABLE LAW AND JURISDICTION
The Terms and Conditions shall be governed by the laws of Italy.
Any dispute relating to these Terms and Conditions, their interpretation, execution and validity shall be subject to the exclusive jurisdiction of the Court of Milan, Italy, with the exception of disputes with the User consumer, which shall instead be under the jurisdiction of the judicial authority of the place of residence or domicile of the User consumer.
13. CHANGES OF TERMS
The Owner reserves the right to make changes to the Terms and Conditions at any time by giving notice to the User by posting it within the Site. The User who continues to use the Site after the publication of the changes accepts the new Terms without reservation.
14. TRANSFER OF RIGHTS
The Owner reserves the right to transfer, assign, dispose by novation or subcontract all or any of its rights under the Terms and Conditions, provided that User's rights are not affected. User shall not assign or transfer in any way its rights or obligations under the Terms and Conditions without written permission to the Owner.
15. RELEASE OF IMAGE RIGHTS
The User assigns free of charge to the Owner the right to use, disseminate, reproduce, process, modify, publish, communicate to the public, transmit - on any analog, electronic, computer, and/or digital media (including by way of example, broadcasting systems over the air, cable, satellite, web, including on social network pages such as, by way of example, Facebook, Instagram, Twitter, Youtube) - his/her portrait and image contained in the videos and images that may be made on the occasion of the purchased tourist package. The User also: (a) assigns free of charge all rights of any kind and nature existing on such images, necessary for the exploitation for commercial, promotional and advertising purposes of the same; (b) expressly declares that he/she is fully satisfied with and has no claims for any reason or title (e.g., of an economic nature) from the Owner, its assignees and/or assignees in general from anyone who uses and exploits such images; c) guarantees to the Owner the peaceful enjoyment of all the rights assigned under the aforesaid article and indemnifies by undertaking to hold the Owner and/or its assignees harmless as of now from any possible action and/or claim by third parties with regard to the images and their exploitation, assuming all related responsibility and costs at its sole expense. In any case, the Owner will not make use of the images in contexts or in ways that harm the honor, reputation and decorum of the User portrayed and/or filmed.
All communications regarding WeRoad should be sent using the contact information set forth in the Terms and Conditions.
18. INEFFECTIVENESS AND PARTIAL NULLITY
In the event that any provision of these Terms and Conditions is found to be void, invalid or ineffective, such provision shall be disapplied while the remaining provisions shall remain in full force and effect.