These Terms and Conditions of Sale govern participation in events and initiatives organized by Quiz38, as well as the sale of products and services and provide for the necessary conditions to be able to purchase remotely through the website www.quiz38.com / Mobile App Quiz38 and all the platforms connected to them, managed in concession and exclusively to the company Applicazioni Srls P.iva 10857520968, with registered office in "Corso Sempione 38, Milano 20154 - Italia".
All activities subsequent to the acceptance of these conditions which will have as parts the Applicazioni Srls (Owner) and the User (CUSTOMER or CONSUMER or PROFESSIONAL or COMPANY) will be subject to the dictates imposed by the Civil Code, by the Consumer Code (Legislative Decree no. 206/2005) for cases that will see a B2C contract and therefore by the Civil Code for B2B, as well as by the provisions of the rules on electronic commerce (Legislative Decree 70/2003).
These terms and conditions govern the use of the Quiz38 platform by natural and legal persons, Italian and foreign, who require registration on the platform to participate in the events and initiatives organized by Quiz38 and possibly require services provided by the same platform.
By subscribing to Quiz38, the User accepts and agrees to comply with all the contractual conditions set out and/or referred to herein.
Quiz38 is not a prize event under the D.P.R. 430/2001, pursuant to and by effect of the aforementioned legislation.
1. INFORMATION ABOUT THE SERVICES
The USER can only purchase the services present in the electronic catalog of the OWNER's website at the time the order is placed and which can be viewed at the address (URL) https://www.quiz38.com. The technical information relating to the services is included in the aforementioned website.
The site shows the availability of the service at the time of the order. Since the simultaneous access of many user-customers and the simultaneous possibility of "on-line" orders modify the availability of the service, in rare cases, it could happen that a service available at the time of purchase, could no longer be due to factors mentioned above. In these cases, the CONTROLLER will communicate to the USER the immediate unavailability of the service, not guaranteeing the certainty of the performance requested in the short term. The USER, after this communication, can choose between a refund, an alternative service or wait for the restocking of the ordered service or a discount voucher of equal value to be consumed at the website.
2. PRICE OF SERVICES
All prices on the website are inclusive of VAT.
The OWNER reserves the right to change prices at any time, without prior notice, due to continuous fluctuations in the purchase price and / or from initiatives promoted periodically.
The sale price of the service will therefore be the one present on the site at the time the order is sent, without considering any of the previous offers or any subsequent price changes.
The service offers on the website www.quiz38.com are aimed at users of age. If the USER is under the age of 18, in order to purchase on the site https://www.quiz38.com he must first have the consent of one of the parents or a legal guardian. Furthermore, by accepting the Conditions of Sale, the USER exempts the HOLDER from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the USER at the time of placing the online order, since this is the same is solely responsible for their correct insertion.
3. VIRTUAL SERVICES
The USER can purchase one of the proposed services, events, Web direct, quizzes for public places, etc. These services that cannot be used directly from the site can be purchased after free trials, once you have chosen the most appropriate one, you can proceed with the purchase and use it within 365 days from the payment date. Each service has a different duration that will be clearly communicated and will always be visible on the site, the USER can extend or expand the service through an Upgrade with the relative price difference. Once the available time has been used up or after having used the service, the USER, except in the cases provided for by law, will not be able to obtain a refund.
4. PURCHASES THROUGH COUPON
The USER can receive discount coupons ranging from 1% to 100% and if he wants to use them it will be necessary, when choosing the type of payment (credit card, bank transfer, etc.) to enter the coupon code to get the updated price . In the case of 100%, you will not have to pay any difference in real currency.
5. METHOD OF PAYMENT
Payment for the order must be made at the time of order confirmation. Payment must be made online, following the instructions on the site by credit card or PayPal or other similar services.
In case of payment by credit card, the charge will be made to the USER's card immediately after placing the order.
The invoice relating to the Purchase order will be issued and sent by e-mail to the address indicated.
In the event that, within 48 (forty-eight) hours of order confirmation, the order holder does not receive the aforementioned invoice, the same may contact the OWNER.
The information provided by the USER himself will prevail for the issuance of the invoice.
Therefore, the OWNER invites the USER to scrupulously check the information provided.
6. TIMES AND METHOD OF USE OF THE SERVICES
When the services offered by the HOLDER are digitally available, delivery will take place simultaneously with the confirmation of payment. Some services may have a period of time for the cancellation of the order, without any expense in case of wrong purchase. Other services require further activation for use and their expiration starts from this activation. This choice allows you to make all the tests and changes to your customized games without consuming the time available for use, once the scheduled date for the game has arrived, the USER will activate the game and use it without limits over the period of estimated time of the service purchased.
7. RIGHT OF WITHDRAWAL
The USER-Consumer has the right to withdraw from the Contract for the purchase of services on the Site, provided that he has not already used them, without having to attach any reasons and without the application of any penalty, within fourteen days of delivery. of the service.
The Withdrawal may concern all or part of the services purchased.
To exercise this right, the USER must send the owner a communication, by e-mail, registered letter or certified e-mail. Once the aforementioned notice of withdrawal has been received, the Customer Service Department will contact the USER to return the product. If the Withdrawal is correctly exercised, the holder will refund. This reimbursement will be made, depending on the payment with which the USER proceeded with the order, by means of the transfer procedure of the amount charged to the credit card or Paypal account.
All the prices of the services published on the Site are expressed in Euros and are inclusive of Value Added Tax (VAT).
The owner reserves the right to change the price at any time, without notice, it being understood that the price charged to the user will be that indicated on the Site at the time the order is placed and that any changes will not be taken into account (in increase or decrease) subsequent to the transmission of the same, except in cases where the prices indicated on the Site with reference to a particular service are disproportionately incompatible with the normal market prices of this service due to obvious material errors.
9. PERSONAL ACCOUNT MANAGEMENT
The Customer accesses the "ACCOUNT" personal area ("Reserved Area") using the credentials (Username and Password) that are automatically generated and sent through the registration procedure on the Site or - if already in possession, using the same personal credentials used to access the information systems of the Data Controller.
Each Customer is exclusively responsible for the accuracy and / or completeness of the personal data provided during the conclusion of the contract. It is also forbidden to communicate data relating to third parties, false, invented, fictional and / or in any way not corresponding to the truth.
Login credentials must be kept with extreme care and cannot be transferred to third parties. The same undertakes to keep them secret and to ensure that no third party has access to them, as well as to inform the Owner without delay, by contacting him at the addresses indicated in the "Contacts" section, in the event that he suspects or becomes aware of improper use or undue disclosure of the same.
In the event of violation of this prohibition, the Owner reserves the right, at its discretion, to close all accounts referable to the same person, natural and / or legal, and / or to the same company.
The Customer will also be held responsible, within the limits permitted by law, for all the activities that will be carried out through their account, indemnifying and holding the Owner harmless from any damage, compensation obligation and / or sanction deriving from the violation of the prohibition referred to in this paragraph.
10. MODIFICATION OF THE GENERAL CONDITIONS
Where these Terms and Conditions require changes, or regulatory or factual amendments, it will be the responsibility of the Publisher to update them by publishing them on the site.
The OWNER reserves the right to modify these General Conditions at any time. The changes will be valid from the moment of their publication on the Site and will carry a date of modification and / or last update. It will then be necessary to explicitly accept the changes made by the USER.
If a provision, an article or part of it, (present or future) becomes in whole or in part null and / or ineffective or there are omissions within these Terms and Conditions, the remaining provisions will remain valid, effective and producing. of effects. It is understood that the "Parties" will amicably evaluate how to resolve any problems that may arise.
11. DISCLAIMER OF LIABILITY
The Owner is not responsible either towards the User or towards subjects directly or indirectly connected to them for delays, disservices or suspensions of the site that depend on third parties or caused by force majeure or unforeseeable circumstances (including, by way of example only, and non-exhaustive: suspension, slowdown or malfunction of the telephone service or electricity supply, malfunctions of the internet network or of the internet service provider, or of the software used to perform the service, impediments or obstacles determined by legal provisions or by acts of foreign national authorities, provisions or acts of a legal nature or acts of third parties, or other causes not directly attributable to the Supplier); for tampering or third party interventions on services or equipment used by the Owner or by the User; due to incorrect use of the platform by Users; malfunction of the connection equipment used by the Users; non-compliance and / or obsolescence of devices or programs with which the User or third parties are equipped; problems or inefficiencies relating to hosting and domain; for service malfunctions, data loss, accidental disclosure of personal or sensitive data, and any other type of damage resulting from attacks by computer pirates, thieves, hackers, crackers, viruses, etc.
The User accepts that the Owner will not be held responsible for omissions or errors that may be contained in the materials transited on the site or, again, for any violation of the rights of others and damages, even indirect, consequential to it, or for other damages of any kind, also resulting from loss of the right of use, loss of information or loss of earnings or deriving from breach of contract, negligence or other harmful actions, deriving from or in any way connected to the use or the information available on the site.
12. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the Contents available on the Application and on the site. Therefore, all trademarks, figurative or nominative and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos, contents are and remain the property of the Owner or its licensors and are protected by current trademark laws and related international treaties.
The Conditions do not grant the User any license to use the Application and / or individual contents and / or materials available therein, unless otherwise regulated.
13. SECURITY AND PROTECTIVE ACTIONS OF THE "Quiz38" SOFTWARE
The OWNER has the exclusive right to adopt any technical and legal measure suitable to avoid any improper use of the program.
The OWNER informs that the correct start of the "Quiz38" game is conditioned by the hardware and software configuration of the computer used and any modification or tampering can compromise normal execution. The environment used is that of common browsers.
14. PROTECTION OF LOGOS
The “Quiz38” logo represents the graphic facade of one of the products of the OWNER's proposed activity. The USER, therefore, undertakes not to make any changes that could lead to a change in the game rules and in particular of the logo in its original form and image, delete or in any way hide or modify the initials "Quiz38", or change o modify graphic animations and / or sounds, etc.
15. SPONSORSHIP WITHIN THE GAME
The OWNER has the right to sign agreements with companies interested in sponsoring their business during the “Quiz38” matches. The HOLDER may, therefore, insert images, videos and communications of any advertising messages within the graphic screens that will be projected during the quiz games held by the USER-MANAGER The latter is required not to delete and / or modify any image that identifies these sponsors / partners during the games of "Quiz38". A specific function will allow the removal of banners or similar advertising, an economic contribution will be requested in exchange for the economic resource removed.
16. "QUIZ38" MERCHANDISING
If the USER intends to use the “Quiz38” brand or logo for advertising purposes, merchandising or any other lawful purpose of a similar nature, he must necessarily request the supply or material from the OWNER. The use of the OWNER's logo or registered trademarks is granted, in fact, exclusively with the express authorization of the sole owner and owner entitled to disclose and use them economically.
It should also be noted that the branded material will be sold for a price indicated in the official price lists.
In the event of improper use, abuse, failure to communicate with regard to any promotions or other activities of any kind, without the express authorization of the OWNER of the “Quiz38” trademark, compensation actions will be activated with the competent authorities.
17. NON-COMPETITION AGREEMENT AND PROTECTION OF THE OWNER'S KNOW-HOW
In order to protect the company Know-How, which the USER acquires by virtue of the collaboration relationship established with the HOLDER company, the USER agrees not to use all those knowledge and notions that may harm the HOLDER.
Specifically, therefore, the USER: