All the technical specifications of the Application, its specific operation and the answers to the most frequently asked questions can be found at the following link: http://sellfapp.com/discover-sellf/.
The terms defined below shall have the following meaning, when they are mentioned in this document:
2. Closing of contract
2.1. The Contract is closed when the User purchases the Premium Version of the Service through the Application.
4. Fee of the Service – Methods of payment
4.1. Free Services are at no cost to the User.
4.2. Premium Services are provided to the User on payment of a Fee through the Website or the Market Places, for the amounts stated in the following link: http://sellfapp.com/new-pricing/
5. Registration, Conditions and Technical requirements for the use of the Service and its functions
5.1. The mobile Application can be downloaded from the Website or from the Market Places, in full compliance with the modes, tools and technologies applied by the above mentioned platforms. The two above mentioned systems (Google Play and App Store) are not connected and the portability of the purchase from one platform to the other is not possible.
5.2. In order to access the Application and, therefore, the Service it is necessary to register in advance at the Website or directly on the Application for iPhone or for Android, with the assignment of a personal user name and password, or by means of Facebook Connect or Google sign-in.
5.3 The Service mainly includes the functions which differ in the subscription plans listed at following link: http://sellfapp.com/new-pricing/.
5.4 For an appropriate and complete use of the Service and all its functions, as described in art. 5.3 above, the User must enter in the Application all the information that is required from him/her during their first use of the Application. The more (and more detailed) information the User provides, the more functions and potential of the Application and of the Service the User will be able to use.
6. Obligations and limitations of liability
6.2. The Company shall be exclusively liable within the limits of the Fee, except in case of gross negligence or wilful misconduct.
6.3 The Company shall not, in any case, be held responsible for the information, data, contents included or transmitted and in whatever way processed by the User and in general for the use of the Service by the User and reserves the right to take any step and action to protect its own rights and interests.
7. Minimum Service Levels
7.1. The Company guarantees that the Service can be used by means of the Application around the clock, without interruptions, except for any network interruptions that do not directly depend on the Company.
7.2. The Company reserves the right to suspend the provision of the Service to carry out any maintenance service aimed at improving the operation of the Application.
8. User Obligations and Rights
8.1. The User is entitled to use the Service in compliance with the minimum Service levels as per art. 7 above and acknowledges that he/she has only and exclusively right to indemnification as per Art. 6.2 in case of failed achievement of such service levels, with the exclusion of any other compensation or indemnification for any material or consequential damage of any kind or nature.
8.2. The User guarantees that data and information communicated to the Company for the purpose of stipulating the Contract are true, correct and such as to make his/her identification possible. The Company reserves the right to verify such data and/or information and to request also additional documents that the User as of now undertakes to send.
8.4. The User also undertakes to promptly inform the Company about any non authorized use of his/her mobile device or “User profile” or about any other violation of security that he/she becomes aware of, so that the company can disable/suspend the Service.
8.5. The User undertakes, as of now, to keep the Company harmless from any request or claim of third parties for any damage caused to them by the User or by the use made by the User of the Service. The User shall bear all the costs, damage compensation and charges, including any legal fees and expenses, that may arise from these actions of liability and undertakes to immediately inform the Company, should such proceedings be initiated against him/her.
9. Customer Service Levels
9.1. The User must in any case promptly inform the Company of any anomalies or malfunctioning detected in the Service and, more in general, in the use of the Application. The Company shall make any reasonable effort to deal with the issues communicated by the User within 1 working day from the report.
10. Contract Duration
10.1 The provision of the Premium Version of the Service has a specific duration which is defined by the User when paying the Fee, under art. 4 above, starting from the purchase of the Service through the Application.
10.2 In the 3 (three) days prior to the expiry date as per Art. 10.1. above, the Company shall send the User a message through the Application Panel by which the Company will notify to the User the technical and economic terms and conditions to continue using the Service.
11. Service Suspension
11.1 Without prejudice to the application of art. 12 below, the Company, at its discretion and without the possibility to claim that exercising this right is a failure to comply with or in breach of the Contract, reserves the right to suspend the Service and/or the use of the Application, even without notice, in the following cases:
In any situation of Service suspension attributable to the User, there is no prejudice to any action by the Company for damage compensation.
12. Withdrawal (for “Consumers” only)
12.1 In compliance with the provisions of Legislative Decree 206/2005 (“Consumption Code”), if the User falls within the definition of “consumer” under art. 3 of the Consumption Code, such User has the opportunity to withdraw from the Contract, without specifying any reason and at no penalty, within 14 (fourteen) working days from the date of Registering for the Premium Version, by sending within this time period (after which such right is forfeited) an explicit statement by means of registered letter with advice of receipt to Sellf S.r.l., with registered office in Roncade, Tenuta Ca’ Tron, Via Sile, 41 – 31056, or to email address email@example.com or to fax +39 0422 789666
12.2 The User shall wait for the Company to send notice confirming the actual withdrawal.
12.3 If the withdrawal takes place in compliance with the terms defined in part 12.1. above, the Fee will be reimbursed by means of bank transfer to the bank account stated by the User in the withdrawal form. The money will be reimbursed within 14 (fourteen) days from the day when the Company receives notice of the User’s decision to withdraw.
12.4 Should the User fail to comply with the terms and criteria envisaged for the exercise of the right to withdraw, the User will not be entitled to be reimbursed the amounts already paid to the Company.
12.5 Users that decide to purchase the Premium Version directly from the Market Places are invited to read directly the legal Terms and Conditions that they find in the Market Place at the moment of purchase. These terms may change, from a legal point of view, with respect to the Market Place used and with respect to the country of the purchase.
13. Termination Clause – Termination by Default – Termination Terms
13.1 Without prejudice to any other provision, the Contract shall be construed as immediately terminated if the User:
13.2 In case of failure to comply with the Contract obligations, the Company reserves the right to send to the User, in any moment, in accordance with and for the purposes of Art. 1454 of the Italian Civil Code, an invitation to remedy by 15 (fifteen) days from receiving the relevant message sent by the Company.
13.3 Subject to the provisions of the foregoing paragraphs 13.1. and 13.2., the Contract is automatically terminated and the Company will not be obliged to send any notice to the User, if the User, at the end of the period purchased for the provision of the Premium Version, does not pay the new Fee for renewal.
13.4 The Premium Version is disabled as from the date of Contract Termination, that takes place in the cases defined in this article.
14. Contract Amendments
15. Intellectual Property Rights and Prohibition to Resell
15.1 The User must use the Service and the Application in compliance with the intellectual and/or industrial property rights of the Company and of third parties used by the Company for the provision of the Service. Rights to trademarks, software, texts, contents, images and any other intellectual property right are exclusively owned by the Company and/or its assignors, therefore the User does not acquire any right or title with respect to these and must use them exclusively in the Contract period.
15.2 Unless otherwise agreed with the Company, it is expressly prohibited for the User to market the Service or the Application as agent or seller or dealer or distributor or licensee of the Company or in any other position and, furthermore, it is forbidden to market the User Code and Service.
16. Final Provisions
16.2 Any total or partial lack of effectiveness and/or of validity of one or more clauses in the Contract shall not imply the lack of validity of the other clauses, which must be considered as totally valid and effective.
16.3 As to what is not expressly included in this Contract, the parties make express reference, within possible limitations, to existing law provisions.
16.4 Any complaint regarding the use of the Application or the provision of the Service must be sent to the Company under Art. 12 by 7 days from the occurrence of the event which is the object of the complaint. The Company will examine the complaint and will send a written reply. In case of complaints for particularly complex situations, which prevent the possibility of providing an exhaustive reply within the above terms, the Company will inform the User within the aforementioned terms about progress being made.
16.5 The User undertakes not to transfer the Contract to third parties.
17.1 Any provision regarding the privacy of the User is available at the following link: http://sellfapp.com/privacy-policy-en/
18. Applicable Law
18.1 This Contract is exclusively regulated by Italian law.