Eppela - Terms and Conditions of Contract for Services
Terms and Conditions
Mandatory conditions for the usage of the service
With the use of the website (visit, navigation, subscription), you agree to be bound by the terms of this contract. This agreement extends to all users of the Site and / or the service, including users who are also just collaborators, informers, technicians, and users and / or bearers of materials and / or services on the site.
Anteprima SRL, based in Lucca, Piazza dei servi 11, PI01837640463, hereinafter for brevity also referred to as "supplier".
- Anteprima s.r.l is the owner of an internet portal called Eppela that holds data regarding the service of crowdfunding and similar activities with the purpose of the financing of private users advertisers, whose collection, cataloging and classification in different specific activities, the primary task is carried out by Eppela, which acquired specific experience in the organization and preparation of instruments of crowdfunding.
- the company operates its data collection receiving from outside parties referred to the Chapter that precedes he description of projects, the echelons of reward, news and updates on activities, the biographical sketches and other necessary information, relating to the same, without participating in the preparation of such information, and without then check the contents of the data, the reliability of which thus remains the sole responsibility of each holder;
1) Premises are part of this contract.
2) Description of Service
- - Eppela will provide the customer the access to their website referred to in point a) of the introduction, where you can access the data, as described above, aimed at creating contacts between advertisers and users of the site.
- - Such access will therefore meeting the needs required by advertisers of Eppela during the searching of funding for projects with the requirements specified by the advertiser itself.
- - All users, whether they are supporters of projects or project creators, acknowledge and accept that Eppela assumes an obligation of media and not of result.
3) From the moment of acceptance of these conditions, all users will have access to the services mentioned above.
And in particular:
1) Acceptance of Terms
- - The service is habitable by people who have reached the age of eighteen years and older. You represent and warrant that, in the case of an individual user, has legal age to form a binding contract, and that all registration information is truthful and accurate. The Company may, at its sole discretion, refuse to offer the Service to any person or legal entity, and changing the eligibility criteria at any time.
- - For the procedure of recording or data transfer has successfully completed, the customer must provide accurate, truthful, to be produced according to the request;
- - Eppela will communicate to the email address specified by the customer at the time of acceptance of this contract all instructions and information necessary for the successful completion of the requested operation. It is understood that any change regarding the e-mail address of the customer will be notified promptly by these Eppela that in the absence of any such communication, legitimately continue to fulfill their duties using the e-mail also obsolete.
4) Obligations, prohibitions and responsibilities of the customer
- - Eppela is not responsible for the content of the information disclosed by the client on the network, and is not liable in any way for damage caused directly or indirectly by the services provided;
- - By way of explanation, the user should not (and may also allow third parties to) engage in conduct intended to upload, download, post, email, or distribute or facilitate distribution of any Content on or through the Service, including without limitation any Submission that:
- 1) involving patent infringement, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual obligations;
- 2) these elements and / or content misleading, untruthful or inaccurate;
- 3) present aspects and / or illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene or offensive;
- 4) aspects and / or elements that constitute unsolicited advertising, unauthorized, and represent promotional materials, spam, or chain letters;
- 5) aspects and / or items that contain viruses or any other computer code, files or programs designed or intended to destroy, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment, to damage or obtain unauthorized access authorized to any system, data, password or other information of Company or third parties;
- - the user is also obliged not to interfere with or groped to interfere with the proper working of the Service, or of any business carried on the Service (measures and / or behaviors that may change and / or limit access to the Service, or other accounts, computer systems or networks connected to the Service);
- - the user can also perform mail-list, and any form of auto-responder, or "spam" on the Service, or activate devices use manual or automated software, or other processes detrimental to the operation of the Service;
- - the user agrees not to decipher, decompile, disassemble, reverse engineer or otherwise groped to extract secret codes and / or confidential ideas or algorithms of any part of the Service, except to the limited extent and allowed, modify, translate, or create derivative works from any part of the Service, or otherwise copy, rent, lease, distribute or otherwise transfer any right. Must also be complied with local, state, national and international regulations.
Eppela assumes no responsibility regarding the availability, on-site or through the services of any User Submissions or Content. The Company undertakes to monitor the site, services, content, and material posted by users. However, we reserve the right to remove or modify any Content in its sole discretion, without limitation, and this at any time, without notice and for any reason.
- - the customer agrees not to store sensitive data on the site, and to bear the liability arising from the failure to protect the data entered, with the exception of personal data necessary to create the account, it also undertakes to have the greatest care of alphanumeric codes (password) necessary for the performance of the service, not transferring them to third parties, responding, therefore, the custody of them;
- - the customer is obliged to adhere to the laws and principles of the law of the computer, such as fairness, respect, transparency, professionalism and protection of the various interests involved;
- - the customer must operate with maximum transparency, undertaking to avoid any possible misunderstanding in the common interest;
- - it is forbidden the use of information tools that can create misunderstandings and / or misleading and / or confusing the other operators - customer;
5) Limitation of liability Eppela
- - In no event Eppela is considered responsible for the failure of service, caused by faults to the phone lines, electrical, and / or otherwise to other broadcasting tools online, such as failures, overloads, outages, and in any case not dependent on any cause his behavior.
- - In particular Eppela can not be held responsible for failure to perform its obligations due to causes outside the sphere of the company's control, or by force majeure.
- - Eppela can not be held responsible for infringements of third parties which affects the operation of the service provided, including slow speed, or the failure of telephone lines and computer networks that traffic telematics.
- - Force majeure, catastrophic events and fortuitous. Eppela is not responsible for the failure or malfunction of any kind of your website, which is caused by fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, insurrection, riot, strike, or any other unpredictable and exceptional cause to provide the agreed service.
6) Eppela committments
Eppela is committed to maintaining the efficiency of the service offered: in the event that was forced to interrupt the service for exceptional events or for maintenance, Eppela take care to restore service as quickly as possible to minimize the risk of disruption of each kind. Eppela define the procedures for access to services, and reserves the right to improve them at any time, in order to increase power efficiency. Eppela provide the customer with all the technical specifications to gain access to these services.
7) Limitations and exclusions of warranty by Eppela
- - You acknowledge and agree that the Company has no responsibility and / or control: users who access the Site; towards content that is accessed through the Site, the effects of the users; interpretation and / or use of the content; contents on the site and related information that some people may find offensive or inappropriate. Eppela makes no representations concerning any content accessed through the site, and the Company shall not be liable for the accuracy, copyright compliance, legality or decency of material contained made accessible through the Site or the Service.
- - The service is offered in the state of fact and law under these conditions, without warranties of any kind, express or implied, for which we assume no responsibility.
- - Eppela not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential information or trade secrets, or any other content stored on Eppela, transmitted over networks accessed by the Site or otherwise in connection with the use of the Service.
- - Eppela may allow you to link to other websites or resources on the Internet, and other websites or resources may contain links to the site. When you access third party websites, you do so at your own risk. These other websites are not under the control of Eppela, and you acknowledge that the Company is not responsible for the content, functions, accuracy, legality, opportunity or any other aspect of such websites or resources. The inclusion of any link does not imply endorsement by Eppela or any association with its operators. You further acknowledge and agree that Eppela not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any site web or resources.
8) Ways of making offers
- - The donation or offer effected by the user on the Eppela platform in support of a project will remain a promise of payment up to the expiry of the project. The user is therefore committed to making available the sum donated on the expiry date set for the project he/she intends to support.
- - On the established expiry date, if the project has had a positive outcome, the sum donated will actually be drawn.
- - Only in the case of payment with credit card will an automatic check of the validity of the card be made, with a payment authorization request of 0.01 Euro/cent.
- - The limits on the value of the single donations effected by the users are set at Euro 2.00 (minimum limit) and Euro 1000.00 (maximum limit). It is not possible to effect a donation in instalments.
- - Each user can effect more than one offer in support of the same project or in support of different projects, provided there is credit available on his/her card and/or credit limits on his/her PayPal account.
- - The offer effected by the user is a mere act of generosity. Through it the user matures exclusively the right to the so-called "reward" promised by the project creator in exchange for the offer. The "reward" consists of an object of little value. With the donation the user does NOT acquire any property right or other real right regarding the project he/she is supporting, any right to a share in the economic exploitation of the project he/she is supporting, any right to intellectual property, to the brand mark or patent or to the subsequent developments of the project in the future.
9) Collection of funds
- - By undersigning the present contract the project creator accepts that any offers, in support of his/her project effected by users and effectively paid out only when the so-called "goal" has been reached, be collected by means of the following payment systems:
- Sella/Gestpay (Projects published from 11/06/2013 to 13/01/2014 2014 onward and up to their relative expiry date) for which the company Anteprima owner of the Eppela platform declares that it has opened a current account at the bank CREDEM - CREDITO EMILIANO Ltd dedicated to the collection of offers in the name of and on behalf of the projects published on it. The supporters will be able to effect payments by credit card (Visa® e Mastercard® circuits) in support of the projects published on the platform.
- - The project creator also accepts that Eppela is exempted from any responsibility for any action or omission relative to his/her project.
- - Project creator and supporter acknowledge that the Eppela platform represents exclusively a tool linking the offer paid by the supporter and the project published by the project creator and that therefore no kind of relationship can arise between Eppela and the Project creators as a result of the publication of the projects, for whose contents the Project creators are entirely responsible.
- - Should the project published by Eppela achieve the criteria of financeability, the project creator will receive, within 30 days from the date of closure of the publication, the amount collected after deduction of Eppela's management costs (5% of the amount), of the transaction costs of the payment system used, of VAT and of advance tax deduction if due. Should the project not achieve the criteria of financeability, no cost will be due by the project creator to Eppela.
- - The transaction costs listed below will be borne by the project creator, therefore deducted from the amount collected during the time of publication of the project, only if the project achieves the criteria of financeability. If this is not the case, no transaction cost will be charged to the project creator.
- Projects published from 11/06/2013 al 13/01/2014 onward and until their relative expiry date (Sella/Gestpay payment system): 2% + 0.20 € for each transaction. Subsequently, within 30 days of the expiry of the project, if the criteria of financeability are achieved, the figure raised by the project (after deduction of management costs of 5%, of transaction costs and of VAT if due and any advance tax deduction) will be credited to the project creator's account. At the same time Eppela will issue a receipted invoice for the amount of 5% of the figure raised. Eppela will moreover provide the project creator with the list of the supporters who have matured the right to the "reward" with the necessary data for fulfillment.
- Projects published from 14/01/2014 (MangoPay payment system):
For each transaction from 5€ or more 1.8% + 0.18 €
For each transaction under 5€: 5% + 0.05 €
Subsequently, within 30 days of the expiry of the project, if the criteria of financeability are achieved, the figure raised by the project (after deduction of management costs of 5%, of transaction costs and of VAT if due and any advance tax deduction) will be credited by MangoPay to the account of the progettista. At the same time Eppela will issue a receipted invoice for the amount of 5% of the figure raised + VAT. Eppela will moreover provide the project creator with the list of the supporters who have matured the right to the "reward" with the necessary data for fulfilment.
The fiscal regularization of the amount received, in relation to his/her own fiscal and contributory position will be his/her responsibility.
10) Rates and payment
- - The access to the service offered by Eppela is free. Are free of the publication of the project by an advertiser on the site, are equally free sharing it through the tools provided by Eppela and his stay on the site all the time established by the advertiser. At the end of this period, but only in the case of reaching the threshold of funding requested by the advertiser, the Service will retain a percentage of the amount equal to 5% of the total harvest.
- - Each service offered will be accompanied by its price, which you will have the opportunity to read and accept the quantification. The tariffs to be charged may vary from time to time. These changes are effective after being published with adequate notice on the site. Eppela may choose to temporarily change the fees for services provided for promotional events or new services.
- - You are responsible for paying all fees and applicable taxes, related to the use of the site.
11) Secure Site Content and intellectual property protection
You acknowledge and agree that the Service may include materials and information protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. The user therefore undertakes to respect and preserve all information copyright notices, information and restrictions contained in any Content accessed through the Service. Eppela may in its discretion terminate the accounts of users who infringe the intellectual property rights of others. If the user will think that your work and / or project, and / or product has been copied in a way that constitutes copyright infringement, it must provide to Eppela copyrights, with a written notice containing all the information about this requirement and peculiarities, and in particular: a description of the copyrighted work and / or copyright that has allegedly been infringed; description of the material that you claim is infringed, and which is located on the site Eppela, such as Eppela allow to locate the material; your address, telephone number and email address.
Intellectual property rights - project developers
The service offers the ability to upload to the site the projects developed. Eppela will have no right of ownership on the content of the same, but having it need the express authorization of the inventor, to host on the site such products. For Eppela is therefore granted the right to enjoy the product on the site designed in order to allow its use, acceptance, exposure, and still perform the service in the name of the inventor, and still allow you to view, of sell, distribute and otherwise exploit the content, along with all associated works, copyrights, or metadata, including without limitation, photographs, graphics, and descriptive text in relation to the Service. And this is to allow other users the flow, transmission, reproduction, display, distribution, and collection of the Works. And all this in relation to the provision of the Service. To enable the Company to host the content according to the above provisions, it grants the same right to use, reproduce, copy, and display the trademarks, service marks, slogans, logos or similar proprietary rights of the inventor, exclusively in connection with the Service.
Intellectual property rights - Users
Specifically, the Customer authorizes the following uses:
- collection and processing for the execution of this contract;
- development by Eppela, of personal data for the purpose of defining the business profile of its customers.
Eppela will not sell the information collected to third party companies.
12) Termination clause
You acknowledge that any breach of the obligations set out in the above points 1), 2), 3), 4), 5), 6), 7), 8), 9) and 10), will be cause for automatic termination of the contract thus allowing Eppela to suspend the service provided, to rake in the amount received as partial compensation for the damage suffered, being in any case the possibility for Eppela itself to act against the client for compensation for additional damages.
The conditions of the service (and any further rules, policies or guidelines incorporated herein by reference) are governed by the laws of the Italian State, without giving effect to any principles of conflicts of law. You agree that any legal action and / or controversies that may arise or result from the application of this Agreement, jurisdiction for the territory is solely that of the Court of Lucca.
Approval clauses pursuant to art. 1341 and 1342 of the Civil Code (SO-CALLED unfair terms)
Pursuant to and for the purposes of Articles. 1341 and 1342 of the Civil Code expressly approved, after having carefully read, the contents of the following clauses:
- - payment and non-payment
- - obligations, prohibitions and responsibility of the customer
- - limitation of liability of force majeure, catastrophic events and fortuitous
- - termination clause
- - place of jurisdiction
According to Art. 13 of Legislative Decree 196/2003
We inform you that Legislative Decree 196/03 (Code for the protection of personal data) provides for the protection of persons and other subjects regarding the processing of personal data. According to the law, this treatment will be based on principles of correctness, lawfulness and transparency and the protection of your privacy and your rights.
Pursuant to art. 13 D. L.gs. 196/03, therefore, we provide the following information:
- the data you provide will be used for the following purposes: management and execution of the contract signed by her; organization and execution of the service, also through the communication of data to third parties, fulfill their legal obligations or other obligations required by the competent authority.
- will be handled in the following ways: use of computer / manuals.
- the provision of data is essential but not compulsory and any refusal has no consequence, but it could result in failure to timely fulfillment of the obligations assumed by Eppela to supply the requested service.
- except to the extent necessary for the proper performance of this contract, the data will not be communicated to other parties, nor will it be distributed without requesting your express consent.
The holder of the treatment is Preview srl, based in Lucca, Piazza dei servi 11, to which you can apply to assert his rights as provided by art. 7 of Legislative Decree 196/03.
Once the information above, made pursuant to art. 13 of Legislative Decree no. 196/03, the customers consent to the processing of data as described above.