CONDITIONS OF USE AND LEGAL NOTICES
PLEASE READ THESE CONDITIONS CAREFULLY!
(Version updated as of 5th May 2019)
These Conditions of Use describe the applicable terms and conditions regarding the access and use of the www.mongeyapp.com, www.mongeyapp.it, www.mongey.it websites as well as any other websites associated with such (hereinafter referred to individually as the “website” or together as the “websites”) and the Mongey app by the User (as will be hereinafter defined). This document constitute a legally binding agreement between the User in his/her capacity as the User of the Websites and/or the App (hereinafter referred to as either the “User” or the “Member” or both terms as the “User/Member”) and Queen 5 Srl specified in Article 2.1 below (hereinafter referred to as “Mongey”).
In accordance with Articles 1341 and 1342 of the Italian Civil Law Code, the User/Member hereby expressly declares to have read, be aware of and to expressly accept the following clauses of these Conditions of Use 2.2; 2.3; 2.4; 3.4; 7.1; 12.7.
1. Application and acceptance of conditions
2. Provision of services
3. Users in general
4. Users’/Members’ accounts
5. Users’/Members’ liability
6. Breaches carried out by Members
7. Exchange of information, material and transactions between Users/Members, Buyers and Sellers
8. Limits to liability
9. Force majeure
10. Intellectual property rights
12. General provisions
13. Competent court
1.1 The use of the Mongey Website(s), App, Services, software and products (hereinafter jointly referred to as the “Services”)
(https://www.mongeyapp.com/privacy_en.cfm) as well as in any other Website or App regulations or policies that Mongey issues from time to time.
This document, as well as the abovementioned Website or App regulations are hereinafter jointly defined as the “Conditions”. By accessing the Websites, or the App or by using the Services, the User/Member consents to and accepts to be legally bound by these Conditions of Use. It is forbidden to use the Services, Websites or the App without accepting all the Conditions.
1.2 The User/Member cannot use the Services and accept the Conditions if:
a) he/she is under 18 years of age or does not have the legal capacity to undersign a legally-binding contract with “Mongey”.
b) he/she is not authorised to receive Services in accordance with Italian laws or those of other countries/regions including the country/region in which either he/she resides or from which he/she uses the Services.
1.3 Mongey can modify any Condition at any time whatsoever by publishing the modification and the updated Conditions on the Websites or on the App. By continuing to use the Services or Websites, the User/Member accepts the enforceability of the modified Conditions.
1.4 Where Mongey has posted or provided the translation of the Italian version of the Conditions, unless the translated version foresees otherwise, the User/Member accepts that the translation has been provided as mere courtesy and that the Italian version regulates the use of the Services, Websites or the App by the User/Member.
1.5 The User/Member may be required to enter into a separate agreement, both online and offline, with either Mongey or its affiliates for any kind of Services (“Additional Agreements”). In the event that there is a conflict or inconsistence between the Conditions and the Additional Agreement, the latter will prevail over the Conditions in relation to the Service in question.
1.6 The Conditions can be modified only in writing by a Mongey authorised representative.
2.1 The company with which the User/Member is entering into this agreement is Queen 5 Srl (registered in Italy at the Company Registry Office with No.RM-1524651). Since some or part of the Services may be supported or provided by Mongey affiliates, this latter may delegate some of the Services to its affiliates, in relation only to the Mongey platform and/or connected platforms.
2.2 In order to access and use Services provided by Mongey, the User must register him/herself either on the Websites or on the App. Moreover, Mongey hereby reserves the right, without any advance notice, to limit the access or use of certain free or paid Services (or features of said Services) or to submit these to Users/Members at further Conditions that Mongey may impose at its discretion.
2.3 The Services (or any of their features) may vary depending on the different regions and countries. No guarantee or representation is given that a certain Services, or relative feature or function, or the same type and extension of the Service or relative features and functions will be available for Users/Members.
At its discretion, Mongey may limit, deny or create different levels of access and use to any Service (or any of its features) with reference to several Users/Members. In any case, the Services must, at all times consist of at least the provision of a platform where the Users can communicate with, comment, review, give opinions or assess other Mongey Users/Members. Further Services may be added to this definition to be subject to different Conditions that will be regularly communicated to the User/Member as well as being expressly and unconditionally accepted by the latter.
2.4 Mongey may launch, change, update, impose Conditions, suspend or block the provision of any Services (or its relative features) without any advance notice whatsoever.
2.5 Some Services may be provided by Mongey affiliates on behalf of the latter company.
3.1 As a Condition for the access and use of the Websites, the App and the Services, the User/Member hereby accepts to comply with all applicable laws and regulations when he/she uses said Websites, the App or the Services. The User/Member is liable, from a civil and criminal point of view, for any breach of any law and hereby excludes and holds Mongey harmless from any liability whatsoever with reference to his/her behaviour. The User/Member hereby accepts to be fully responsible in case of the unauthorised use of the Websites and/or the App and Services through his/her Account by minors, as well as in the case of the use of his/her credit card or any other means of payment by minors and hereby holds Mongey harmless from any relevant liability.
3.2 The User hereby accepts to use the Websites, the App or Services exclusively for his/her private, internal purposes. Furthermore, he/she hereby accepts:
a) not to copy, reproduce, download, republish, sell, distribute or resell any Service or information, text, image, graph, video, sound, directory, file, data or lists collected etc. available on or through the Websites (the “Website Content”) or on the App;
b) not to copy, reproduce, download, complete or otherwise use any of the Website or App Contents with the aim of managing an undertaking competing with Mongey, or of commercially exploiting in another way the Website Content. The systematic recovery of the Website Content, the Websites or the App to create or to complete, either directly or indirectly, a collection, a compilation, a database or a directory (via robots, spiders, automatically system or manually processes) without the written consent of Mongey.
3.5 The User/Member hereby accepts not to carry out any action aimed at jeopardising the integrity of the Mongey IT systems or networks and/or that of any other User/Member and not to obtain the unauthorised access to such IT systems or networks.
3.6 The User/Member hereby accepts not to carry out any action aimed at jeopardising the integrity of the Mongey feedback systems, such as by leaving positive feedback, comments, reviews, opinions etc. about oneself by using secondary Member IDs or via third party individuals or by leaving unjustified negative feedback, comments, reviews and assessments about another User.
3.7 By posting, publishing or transferring any information, content or material (“User Content”) onto either the Websites or the App or by providing any User Content to Mongey or its representatives, and to the extent permitted by current applicable laws, the User/Member hereby grants Mongey an irrevocable, perpetual, all-encompassing license that is free and sub-licensable (on several levels) in order to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derived works and otherwise use all the User Content in any form, media or technology either currently known or less known in any way or for whatever aim whatsoever that may be useful to guarantee the operativeness of the Mongey Websites, App and the provision of Services. The User hereby confirms and ensures Mongey that he/she has all the rights, powers and authorities necessary to grant the abovementioned license. The information protected by laws on data protection will be used and retained only in accordance with such laws.
4.1 The User/Member must be registered on the Websites or on the App to either access or use the Services or simply to define him/herself a User or a Member. Unless a User/Member has obtained written consent from Mongey, he/she can only register a Member account on Websites and on the App.
4.2 Mongey can delete or remove a User’s/Member’s account where Mongey has good reason to suspect that the User/Member has either registered or controls two or more Member accounts at the same time. Moreover, Mongey can, for any reason whatsoever, without giving any kind of justification, refuse the request of registration by a User/Member or delete the registration of a User/Member at any time whatsoever without having to justify such action.
4.3 At the moment of registering on the Websites or on the App, Mongey will assign an account and will issue both a Member ID and a password (this latter must be chosen by the registered User/Member during the registration procedure) for each User/Member registered. An account can be linked to an e-mail account with limited storage space so as to enable a User/Member to send or receive e-mails.
4.4 The credentials (Member ID and password) are unique for every single account. Every User/Member is exclusively responsible with regards to the confidentiality and safety of the Member ID and password as well as for all the activities relating to his/her account. No User/Member can share, transfer to or allow the use of his/her own User/Member account, ID or password by another person. The User/Member hereby agrees to promptly notify Mongey of any unauthorised use of his/her password or account or in the event he/she becomes aware of any breach of safety of such account.
4.5 The User/Member hereby agrees, with regards all activities that take place on his/her account (including, without restriction, the publishing of any personal data and/or relating to his/her activity of any kind whatsoever, to accept the Additional Agreements or regulations, the subscription or payment of any Services, the sending of e-mails via the e-mail account or text messages) is deemed as being authorised by the User/Member.
4.6 The User/Member hereby acknowledges that the sharing of his/her account with other people, or the authorisation of individuals outside his/her personal, professional or corporate organisation to use his/her account (hereinafter jointly known as “multiple use”), can cause irreparable harm either to Mongey or to other Users of the Websites or App. The User/Member must indemnify Mongey, its affiliates, managers, employees, agents and representatives against any loss or damage (including, without restriction, the loss of profit) incurred as a consequence of the multiple use of the Member’s account or of any improper use. The User/Member hereby also agrees that in the case of the multiple use of his/her account or in case of a breach carried out by a User/Member, relating to the obligation to maintain the safety of his/her account, Mongey will not be held liable for any loss or damage to the reputation, image or of any other kind that has derived from such breach and will have the right to either suspend or delete the User’s/Member’s account without any liability towards said User/Member where one of the abovementioned circumstances occurs.
5.1 Each User/Member hereby represents, guarantees and accepts:
a) to have full powers and authority to accept all these Conditions, to grant the licence and authorisation and to fulfil all the foreseen obligations;
b) to use the Websites, the App and Services in accordance with current laws. Any violation of current law is the exclusive responsibility of the User/Member who excludes and holds Mongey harmless from any liability.
c) that the address provided at the moment of registration is his/her own and is his/her main address.
5.2 The User/Member will be required to provide information or material concerning him/herself, including any profession, society, company or products/Services as part of the registration process on the Websites and/or on the App or the use of Services or the Member account. Each User/Member hereby represents, guarantees and accepts:
a) that such information and materials provided at the moment of registration or subsequently by means of the use of the Websites and/or the App or Services are truthful, accurate and complete,
b) that he/she will maintain and promptly update all the information, contents and materials so that they are always truthful, accurate, up-to-date and complete.
5.4 Each Member hereby represents, guarantees and accepts:
a) to be exclusively responsible for obtaining all the third party permits and authorisations relating to any User Content that the Member presents, posts or publishes;
b) that whatever User Content the User/Member presents, posts or publishes does not violate any copyright, patent, trademark, name, trade secret or any other personal or third party ownership rights (hereinafter referred to as “Third-party Rights”);
c) to have the right and power to sell, market, distribute, export or to offer to sell, market, distribute or export the products or Services described in the User Content and that the sale, marketing, distribution, exporting or offer does not violate any Third-party Rights;
5.5 Moreover, each User/Member hereby represents, guarantees and accepts that the User Content provided, presented or published:
a) must be truthful, accurate, complete and legitimate;
b) must not be false, misleading or deceitful;
c) must not contain any defamatory, libellous, threatening, offensive, obscene, distasteful, information or contents or which are sexually explicit or harmful to minors;
must not contain any discriminatory information or promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
d) must not violate the Product Listing Policy (https://www.mongeyapp.com/legalterms_en.cfm) (https://www.mongeyapp.com/privacy_en.cfm), other applicable Conditions or Additional Agreements;
e) must not violate any applicable law or regulation without any limitation whatsoever. In the case in which the User/Member violates any law or regulation, he/she is deemed and will remain solely responsible in any civil and criminal court, and henceforth holds Mongey and its entire staff harmless from any liability.
f) must not contain any link that either directly or indirectly refers to other websites that include any kind of web content that violates the Conditions or applicable laws. In the case in which the User/Member violates any law or regulation, he/she is deemed and will remain solely responsible in any civil and criminal court, and henceforth holds Mongey and its entire staff harmless from any liability.
5.6 Moreover, each Member hereby represents, guarantees and accepts:
a) to carry out his/her own business activities on the Websites and/or on the App fully complying with any applicable law and regulation and to conclude any kind of transaction with other Users of the Websites/App in good faith;
b) to carry out his/her own business activities fully complying with the Conditions as well as any applicable Additional Agreement;
c) not to use the Services, Websites or the App to defraud any person or entity (including, without any restriction whatsoever, the sale of stolen goods or the use of stolen credit/debit cards). In the case in which the User/Member violates any law or regulation, he/she is deemed and will remain solely responsible in any civil and criminal court, and henceforth holds Mongey and its entire staff harmless from any liability.
d) not to pass oneself off as any other person or entity not corresponding to reality, falsify one’s own identity or affiliate with any person or entity; not to carry out spam or phishing activities;
e) not to carry out any illegal activities (including all those, without any restrictions whatsoever, that would constitute an offence and which could give rise to civil liability, etc.) or encourage or favour any illegal activities. In the case in which the User/Member violates any law or regulation, he/she is deemed and will remain solely responsible in any civil and criminal court, and henceforth holds Mongey and its entire staff harmless from any liability.
f) not to copy, reproduce, exploit or expropriate the different directories, databases and announcements owned by Mongey;
g) not to spread IT viruses or other destructive devices or codes that could damage, interfere with, intercept or expropriate any software or hardware system, personal data or information;
h) not to use any methods to threaten the integrity of the data, systems or networks used by Mongey and/or any Website Users or to obtain unauthorised access to such data, systems or networks;
i) not to carry out any activities that could otherwise be a source of liability for Mongey or for its affiliates, in which case the User/Member will remain solely responsible.
5.7 The Member can use neither the Services nor the member account to carry out activities that are either identical or similar to those carried out by Mongey.
5.8 Where the Member appoints a representative, the Member hereby represents, guarantees and accepts to have obtained all the relative consents, approvals and necessary waivers from his/her partners, commercial partners and shareholders to:
a) act as a personal representative;
b) act as a corporate representative;
c) post and publish their contacts and information, reference letters and comments on their behalf; and
d) that third parties can contact such personal and/or corporate representatives to support requests or statements regarding the User/Member.
e) Furthermore, the User/Member hereby represents, guarantees and accepts that all the reference letters, opinions, judgements, assessments and comments are both truthful and accurate and that the third parties are authorised to contact the corporate references without the need to obtain consent from the User/Member.
5.9 The Member hereby accepts to provide Mongey with all the information, material, contents and consents necessary as well as all the reasonable assistance and collaboration necessary with regards to the provision of Services, the assessment of any breaches of the Conditions carried out by the User/Member and/or the management of any complaint lodged against the User/Member. In the case in which the breach carried out by the User/Member relating to what is specified above results in the delay, suspension or cancellation of the provision of any Service, Mongey will be neither obliged to extend the relative period of provision of the Services nor can it be held liable for any loss or damage that may derive from such delay, suspension or cancellation.
5.10 The Member hereby acknowledges and accepts that Mongey is obliged to neither actively monitor nor to exercise any kind of editorial control on the content of any message, material or information created, obtained or accessible via the Services, Websites or the App.
Mongey neither approves, verifies nor otherwise certifies the contents of any comment or any other material or information provided by any User/Member.
Each User/Member is exclusively and solely responsible for his/her own communications and may be deemed legally responsible or liable for the contents of his/her own comments or for any other material or information.
5.11 The User/Member hereby acknowledges and accepts that each User/Member is solely liable for the compliance with all applicable civil and criminal laws and regulations in the relative jurisdiction with the aim of guaranteeing that the use of the Website and/or the App and Services is carried out in full respect of the same.
6.1 Mongey reserves the discretional right to remove, modify, reject or delete any User Content provided, posted or published on the Websites and/or on the App that may reasonably be considered unlawful or detrimental to the Conditions, or that may be a harbinger of liability for Mongey or its affiliates, or that results as being otherwise inappropriate in the opinion of Mongey. It should be further noted that the User/Member is and will always remain, in all situations and/or circumstance, solely liable from a civil and criminal point of view, for his/her comments, reviews, assessments, judgements and contents in any format, including that of a photographic and video nature, holding Mongey and its affiliates totally and completely harmless.
6.2 In the event that a Member violates any Condition or in the case in which Mongey has substantiated reasons to believe that a User/Member is violating the Conditions, Mongey has the right to apply a penalty on such User/Member or to suspend or delete the User’s/Member’s account or subscription to any Service without any advance warning whatsoever.
Moreover, Mongey has the right to limit, refuse or forbid the current or future use of any other Services provided by Mongey.
The penalties that Mongey has the right to apply include, among other things, the admonition, the removal of any comment, review, information, opinion, assessment, judgement, content of any nature whatsoever, including those of a photographic and video nature, product announcements or User Content that the User/Member has provided, posted or published, the imposition of restrictions on the use of features or functions of any Service for the entire period that Mongey, at its sole discretion, deems appropriate including also the suspension or deletion of the User/Member’s account.
6.3 Without any restrictions whatsoever with regards to the general nature of the provisions of the Conditions, the User/Member can be deemed in default with regards to the Conditions in the following circumstances:
a) in case of objections or complaints put forward by other Users/Members;
b) in case of the breach of rules dictated by Mongey;
c) if Mongey has substantiated reasons to believe that such User/Member has intentionally, unintentionally or substantially failed to fulfil its agreement with Mongey;
d) if Mongey has substantiated reasons to suspect that some of the information provided by the Member is not up-to-date or incomplete or that it is false, inaccurate or misleading;
e) if Mongey considers that the User’s/Member’s actions can result in a financial loss for Mongey or its affiliates.
6.4 Mongey reserves the right to co-operate with any government authority, public security forces, the magistracy, private investigators and/or injured third parties, in investigations relating to any kind of suspected illegal activities, of a criminal and/or civil nature. Moreover, to the extent permitted by applicable laws and policies, Mongey may reveal the User’s/Member’s identity, his/her information, contents of any kind whatsoever, contact details and/or any information relating to any activity carried out by the User/Member, the operations or the activities or through the Website whenever it is requested by a government body or by the public security forces, or by an injured third party, or rather following a summons to appear in court, of a civil or criminal nature, or any other legal action in the case in which such revelation is permitted by applicable law.
Mongey will not be held liable for damage or consequences deriving from such revelation and the User/Member hereby agrees not to bring any legal action or complaint against Mongey in relation to such revelation.
6.5 Mongey may, at any time whatsoever and at its reasonable discretion, impose restrictions, suspend or delete the use of any Services, Website or of the App by the User/Member without incurring any liability for any reason whatsoever to the User/Member when Mongey has been made aware of the fact that the Member is in default with regards to agreements or deals made with Mongey affiliates including, without any restrictions whatsoever, and such breach involves or there are reasonable grounds to suspect the involvement of illegal or fraudulent activities.
Mongey is not obliged to investigate such breach or to request confirmation from the User/Member.
6.6 Each User/Member hereby agrees to indemnify Mongey, its affiliates, managers, employees, agents and representatives and to hold them harmless with regards to any damage, loss, complaint and liability (including any legal costs by way of full compensation) that may arise from the presentation or publication of any kind of User Content, from the use of the Websites and/or the App or the Services or rather from the violation of the Conditions.
6.7 Moreover, each Member hereby accepts that Mongey cannot be held liable and therefore has no responsibility towards either the User/Member or anyone else with regards to any kind of User Content or any other material uploaded onto the Websites or onto the App, including fraudulent, false, misleading, inaccurate, defamatory, offensive or illegal material and that the risk of damage deriving from such material remains the sole liability of each User/Member.
Mongey reserves the right, at its own expense, to assume the defence and exclusive control of any issue otherwise subject to the payment of compensation by the User/Member, in which case the Member must co-operate with Mongey so as to take all possible legal measures.
7.1 Through the Websites or the App, Mongey provides web platforms and apps for the exchange of information, comments, reviews, assessments, opinions, judgements, all kinds of video and photographic contents between Users/Members.
Moreover, Mongey provides web platforms for electronic transactions where Users/Members can place, accept, conclude, manage and fulfil orders for the online provision of goods and Services within the context of the Websites and which are subject to the Conditions of the agreement on Transaction Services. However, with regards to any kind of Services, Mongey does not represent any User/Member in any kind of discussion or conversation and each Member remains solely liable for his/her actions.
Mongey neither controls nor can be held liable for the quality, safety, lawfulness or availability of any information and/or material, goods or Services on sale on the Websites and/or on the App or for the capability of the sellers and/or the buyers to enter into a contract of sale.
7.2 The Users/Member are hereby informed of the fact that risks could be incurred when contacting people acting under false identities.
Mongey uses a certain number of techniques to verify the accuracy of the information written by Users/Members. However, since the verification of the User/Member on Internet is a complicated process, Mongey cannot confirm the supposed identity of each and every User/Member without any restrictions whatsoever.
Mongey encourages Users/Members to use different means, such as good sense, to assess with whom they are exchanging information.
7.3 Each User/Member hereby declares to be willing to take the risk of carrying out activities using Websites, the App or the Services as well as fully accepting to take the risk of any liability or damage associated with any person, activity, company or things encountered through the use of the Websites or the App. Furthermore, such risks include the risk that other Users/Members claim to have suffered damages or injuries of all sorts caused by other Users/Members of the Websites or the App following all kinds of activities carried out on the Websites and/or on the App. All the above mentioned risks are hereinafter referred to as “Risks of Activities implemented”. Each User/Member hereby accepts that Mongey cannot be held liable under any circumstances for any kind of damage, action, liability, cost, injury, inconvenience, interruption of business activities or loss of expense of any nature whatsoever that may derive from or which are connected to any sort of risk caused as a consequence of any kind of activity.
7.4 The Users/Members are solely responsible for all the terms and Conditions of activities carried out on Mongey and hereby hold Mongey harmless from any liability that remains, as previously mentioned, sole responsibility of the User/Member.
7.5 The User hereby accepts to provide all the information and materials that are reasonably requested by Mongey in relation to the activities carried out.
Mongey has the right to suspend or delete the account without giving any advance notice to any User who does not provide the required information or materials.
7.6 In the case in which a User/Member has a dispute with anyone, such User/Member hereby accepts to indemnify and hold Mongey harmless (along with its agents, affiliates, managers, officials and employees) with regards to any complaint, application, action, civil and/or criminal action, proceedings, cost, expense and damage (including, without any restrictions whatsoever, any current, special, incidental or consequential damage) that derives from or is associated with such transaction.
8.1 To the fullest extent permitted by law, the Services provided by Mongey either on or through its Websites or its App are provided “as is”, “as available” and “without any further warranties, and Mongey herein expressly disclaims any and all warranties, either expressed or implied, including, without any restrictions whatsoever, any warranties with regards to the Conditions, quality, resistance, performance, completeness, reliability, marketability and suitability for the particular use, all such warranties, representations and commitments are excluded.
8.2 To the fullest extent permitted by law, Mongey does not issue any representation or warranty as regards the validity, accuracy, correctness, reliability, quality, stability, completeness, or the viability of some of the information provided either on or through the Websites and/or the App;
8.3 The material downloaded or otherwise obtained through the Websites or the App is carried out at the discretion and risk of each User/Member and this latter is solely liable for any damage caused to the Mongey IT system or for any loss of data deriving from the downloading of such material. No advice or information, whether written or oral, obtained by a User/Member from Mongey or through/from the Websites or the App can be considered a warranty that is not expressly specified in this document.
8.4 The Websites and/or the App can put information, goods or services provided by independent third parties at the disposal of the User/Member. No representation or warranty is issued with reference to such goods or Services. Under no circumstances, Mongey or its affiliates can be held liable for such goods or Services.
8.5 Each User/Member hereby accepts to indemnify and hold Mongey, its affiliates, managers, officials and employees harmless, with regards to any offence, slander, insult, defamation, loss, complaint, liability (including any legal costs by way of full compensation) that can derive from the use of the Websites and/or the App or the Services by the User (including, without any restrictions whatsoever, the publication of the User’s information on the Website or on the App) or by the violation of any of the provisions of the Conditions carried out by the User/Member. Moreover, each User/Member hereby accepts to indemnify and hold Mongey, its affiliates, managers, officials and employees harmless with regards to any loss, complaint, liability (including any legal costs by way of full compensation) that may derive from the breach of declarations and warranties issued by the User/Member to Mongey, including, without any restrictions whatsoever, those specified in Art. 5 of this document.
8.6 Each User/Member hereby accepts to indemnify and hold Mongey, its affiliates, managers, officials and employees harmless, with regards to loss, complaint, liability (including any legal costs by way of full compensation) that can derive, either directly or indirectly, as a consequence of an action carried out by individuals who claim Third-party Rights or other individuals, in relation to any offence, slander, insult, defamation, goods offered or published on the Websites/App. loss, complaint, liability (including any legal costs by way of full compensation) that can derive from the Moreover, each User hereby accepts that Mongey cannot and will never be held liable in respect of the User/Member, with regards to any material published by third parties, including that of a defamatory, offensive, slanderous or unlawful nature and that the risk deriving from such material is of the sole liability of the User/Member.
Mongey reserves the right to assume the defence and exclusive control of any issue otherwise subject to the payment of compensation by the User/Member, in which case the Member must co-operate with Mongey so as to take all possible legal measures.
8.7 Mongey cannot be held liable for any special, direct, indirect, punitive, incidental or consequential damage as well as any other kind of damage (including, without any restriction whatsoever, any loss of profit or revenue, the interruption of business activities, the loss of information), regardless of the type of action taken, whether of a contractual, non-contractual or any other nature as well as for some of the damages deriving from the following causes:
a) the use or incapacity to use the Websites, the App or the Services;
b) any insult, defamation, slander, offence, defects of any goods, samples, data, information or Services purchases or obtained from a User/Member by a third party through the Websites;
d) the unauthorised access on behalf of third party Users to the private data or information belonging to a User/Member; the declarations or behaviour of any User/Member of the Websites and/or the App;
f) any questions relating to the Services, whatever the cause may be, including negligence.
8.8 Without prejudice to the abovementioned provisions, under no circumstances will Mongey be held liable, as the User/Member is solely responsible for all activities, he/she will be held solely responsible for all incriminating activities carried out.
9.1 Under no circumstances will Mongey be held liable for all the single or multiple activities carried out by all Users/Members.
9.2 Under no circumstances will Mongey be held liable in the event of delays, malfunctions or interruptions of the contents or Services provided by means of the Websites or the App that have been directly or indirectly caused by acts of nature, forces or causes beyond Mongey’s reasonable control, including, without any restriction whatsoever, internet, computer, telecommunications malfunctions or rather of any other devices, electricity, in the event of strikes, workers’ demonstrations, riots, revolts, civil uprisings, the lack of labour force or materials, fire outbreaks, flooding, hurricanes, explosions, unforeseeable circumstances, wars, government action, local or foreign court or tribunal orders or due to third-party non-compliances.
10.1 Mongey is the sole owner or legal licensee of all the rights and interests with regards to the Websites and/or the App as well as the Website Contents. The Websites and/or the App as well as the Website Contents contain intellectual property rights protected by a worldwide copyright and by other laws. All its titles, property and intellectual property rights relating to the Websites and/or to the App as well as the Website and/or App Contents will remain the property of Mongey, its affiliates or licensees of the Website Contents, as the case may be.
10.2 Trademarks and signs "Mongey", www.mongeyapp.com , www.mongeyapp.it, www.mongey.it, as well as the relative icons and logos are registered trademarks or brands relating to the Services provided by Mongey, in different jurisdictions and are protected according to applicable law on the subject of copy rights, trademarks and other laws on the subject of property rights. The unauthorised copying, modification, use or publication of such trademarks is severely forbidden and punishable by law.
10.3 Mongey can avail of the services of independent third party individuals for the provision of Services (e.g. for authentication and verification services). The User/Member cannot use any trademark, service brand or logo of such independent third parties without obtaining prior written consent from the same.
11.1 All legal notifications or requests addressed to Mongey must be made in writing and sent to Mongey by certified e-mail to the following company and e-mail address: email@example.com
Communications are to be deemed to have been validly delivered on the receipt of the same by Mongey by means of any one of the abovementioned methods.
11.2 All legal notifications or requests addressed to a User/Member are deemed to have been validly delivered if sent by hand delivery, courier express, by certified mail, via fax or e-mail to the most recent address known, or rather to the fax number or e-mail address provided by the User to Mongey or by publishing the notification or request in the appropriate section on the Websites that is publicly accessible free of charge.
Communications sent to the User/Member are deemed to have been received by the same if and when:
Mongey can prove that the communication, whether it be of a physical or electronic nature, has been sent to the User/Member; or immediately in the case in which Mongey has published such communication in the appropriate section on the Websites and/or on the App publicly accessible free of charge.
11.3 The User/Member hereby accepts that all agreements, notifications, questions, disclosures and other communications that Mongey sends to the same User/Member via e-mail, satisfy the requirements of the written form for each method of communication.
12.1 Without prejudice to the Additional Agreements, the Conditions constitute an integral agreement between the User/Member and Mongey with reference to the discipline of the use of the Websites and/or the App and Services by the User and replace any previous written or oral agreement on the same subject.
12.2 Mongey and the User/Member are independent contractors and no agency relationship, partnership, joint-venture, employer-employee or franchising relationship is behind or can be created based on these Conditions.
12.3 Where any provision of the Conditions is declared invalid or inapplicable, such provision will be eliminated and the remaining provisions will remain valid and applicable.
12.4 The titles at the beginning of the paragraphs are foreseen only for purely indicative purposes and in no way whatsoever do they define or limit, describe or interpret the purpose or the extent of the relative paragraph.
12.5 The inactivity and/or tolerance of Mongey with regards to a breach of the Conditions carried out by the User/Member must never be intended as a waiver on behalf of Mongey with regards to the right to act with reference to subsequent breaches or those of the same nature.
12.6 Mongey has the right to transfer the Conditions including all its rights, faculties, interests, obligations and duties foreseen in the Conditions to any individual or entity (including Mongey affiliates. The User cannot transfer the Conditions either fully or partially to any individual or entity.
12.7 If the User resides outside Italy, the Conditions will be subject to the law and jurisdiction of such state.
12.8 If the User/Member has comments to make on the Services we provide, you can contact the online Mongey Customer Service to give relevant feedback or ask questions.
Any disputes arising will be referred to the sole place of jurisdiction, established by means of an agreement signed between the parties Mongey (Queen 5 Srl) and the User/Member, that is the Court of Rome – Italy.
For any questions regarding the use of the Service, it is possible to contact the online Mongey Customer Service and in particular, please send an e-mail to: firstname.lastname@example.org
QUEEN 5 SRL
Economic and Administrative Index N°: RM-152465
Tax Code: 14486711006
V.A.T. N°: 14486711006
Headquarters: Via Antonio Bertoloni 14, 00197 Rome (Italy)