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Terms and conditions of sale

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).


PREMISE

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.
If the USER chooses PayPal as the payment method, he will be automatically redirected to the PayPal site to make the payment according to the terms and conditions agreed by the USER with PayPal and PayPal procedures. The data entered on the PayPal site will be processed solely by the latter, under its sole responsibility and on the basis of its privacy policy and will not be known or stored by the OWNER. PayPal will only transmit confirmation or rejection of payment. In the event that a refund is necessary based on these General Conditions, the HOLDER will arrange a re-credit order to the USER's Paypal account. Once this order has been placed, the OWNER cannot be held responsible for delays or omissions in crediting the amount to the USER's account or to the payment instrument linked to the USER's account, who for any complaints must exclusively contact Paypal.
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.


8. AMOUNTS

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:

  • will refrain from carrying out any activity, in favor of natural or legal persons, who are in competition with the OWNER (same or similar product), for the entire duration of the contract;
  • It will refrain from engaging in acts of so-called unfair competition, such as the use of the name or other distinctive signs of its own, or the dissemination of news and disparaging comments on the products or activities of the HOLDER;
  • undertakes to communicate to the HOLDER, prior to the signing of this agreement, the existence of projects for the creation and collaboration of IT products whose type is similar or similar to those proposed by the HOLDER;
  • also undertakes, for the next two years, to refrain from entering into commercial agreements or collaboration (direct or indirect) with companies whose product is to be considered identical, similar, or similar to that of the HOLDER;
  • in the case of a USER-MANAGER of premises, Pubs or locations, this is required to inform their customers in advance of the incompatibility of the "Quiz38" product with similar products. If in the same event there are evenings organized by competing companies, the venue will have to choose whether to continue carrying out the activities proposed and organized by “Quiz38” or by the third competing company;
  • is required to inform the HOLDER of any agreement with third parties, through which he intends to carry out the evenings and / or events.
  • It will never present any other Quiz game with the name or characteristics attributable to "Quiz38" as a unique and original product.

Any reproductions in any form of the explanatory texts and the contents of the site and the application, if not authorized, will be considered violations of the intellectual and industrial property rights of the owner.


18. PRIVACY POLICY

For the information regarding the processing of personal data, please click on the following link:
Quiz38.com https://quiz38.com/terms


19. LANGUAGE, APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are drawn up exclusively in Italian. Relations between the Owner and the User are governed exclusively by Italian law. The parties acknowledge that for any dispute that may arise regarding the interpretation, challenge or execution of this contract, the court of Rome will have jurisdiction with the exclusion of any other alternative court.


20. DURATION OF THE CONTRACT

The duration is variable and depends on the service purchased and the date or time of its expiry. This date is clearly shown to the USER based on the purchase date and activation date.


21. CONCLUSION OF THE CONTRACT

By "online" purchase contract we mean the distance contract, that is the legal transaction concerning services stipulated between the HOLDER and a USER, through the web and remote communication technology.
The order procedure is aimed exclusively at adults(18+).
The presentation of services on the Site does not constitute an offer to the public, but an invitation to the USER to make an offer for the service. If the USER wishes to obtain one or more services on the Site, he can select them and complete the order by filling out the form and proceeding to pay the indicated amount. Before completing the order, the USER will view a summary page of information relating to obtaining the service.
By confirming the order, the USER will make the payment and thus send the purchase proposal to the HOLDER.
The order process is completed successfully if the site does not show any error messages.
The order will be considered completed upon receipt of the order by the HOLDER.
Correct receipt of the order is confirmed by the OWNER by means of an automatic reply via e-mail, sent to the e-mail address supplied by the USER. This confirmation message will contain all the data necessary to identify the characteristics of the order. The USER undertakes to verify the correctness of the data provided and to promptly communicate any anomalies. In case of non-acceptance of the order due to internal problems, the OWNER will notify the USER within 48 hours of receiving the order.


22. "OPE LEGIS" RESOLUTION

Failure to comply with these points will result in the immediate termination of the contract and the possible violation of specific rules on the subject. Furthermore, the OWNER reserves the right to request compensation for any damage suffered.


23. UNILATERAL TERMINATION OF THE CONTRACT BY THE HOLDER

The OWNER reserves the right to terminate the contract before the regular expiry of the same, in the event of non-compliance with one of the clauses of this agreement, in the event of irregular execution of the "Quiz38" game and in the event that the invoices issued for others services not envisaged in the online sale, are not issued within the terms set at the time of purchase. In the event of termination, the USER will lose all rights to use the Software owned by the OWNER.


24. CANCELLATION OF PREVIOUS AGREEMENTS

The signing of this agreement cancels and replaces the previous ones.


26. COMMUNICATIONS

Any communication can be addressed to the owner using the channels in the "Contact us" section of the site.


27. ACCEPTANCE

With the conclusion of the contract, the USER expressly declares to accept all the aforementioned clauses.



DETAILED RULES OF THE OFFERED SERVICES


PREMISE FOR ALL SERVICES

The Self-Service version of a Quiz allows the USER to create his own questions or choose those we propose within the programs. The wide margin of customization exposes the CONTROLLER to reports submitted by a wide audience of users of the service, therefore for these reasons:

  • It is expressly forbidden to use the quiz for betting, economic incentives, gambling or similar;
  • The proposed service has a single and exclusive playful purpose;
  • Only the author has access to the back-end and is therefore responsible for the contents. If there are documented reports of a violation of the laws that protect specific topics (racism, religion, pedophilia, politics, etc.), we will try to remove the files. The OWNER is not able to read or view the author's files directly, but can only act on the basis of reports made and where necessary, he will notify the competent authorities;
  • The author of the questions is solely responsible for the contents entered, both textual and graphic, within his personal area. It is forbidden to insert copyrighted material without the necessary authorization of the owner;
  • To free up the space of inactive users on our servers, all customizations (games created, images, texts, etc.) can be removed after 400 days from the date of the last access to your profile, considering it sufficient time to consider the "inactive" user;
  • The questions proposed in the option "Random selection from our archive" have been verified, however they may expire or be updated and present a wording error, we therefore exonerate from any liability for economic or compensation purposes, as it is a service offered in play without winning. In all other cases, should the conditions be verified, we will be happy to refund the cost of the service by accompanying the most sincere apologies.


"PARTIES" AREA

Includes: Birthday Party, Bachelor / Bachelorette Party, Graduation Party, Generic Party, Wedding, Junior and all future implementations of this area.
By purchasing one of our services in "Holidays", you have the opportunity to play or create one or more quiz games.
Once the time-based license has been purchased, the USER can activate it when he deems it appropriate and only from that moment will it be possible to play with a number of connected devices greater than the 3 provided in the Demo.
From activation, you have 24 hours to play one or more games of the same price range. If the USER wants to expand the service to more users, it will be sufficient to carry out an UpGrade to the desired category by paying only the difference or what is foreseen by the economic plan updated to the current situation. The time available will be updated for a further 24 hours.
The proposed festivals have graphics and a different cost per topic, as reported on the price lists. It is expressly forbidden to use the service outside of private parties, specifically with this service it is not possible to organize: events in public places open to the public (outside the guests of the party), corporate events, periodic appointments, direct Web and / or Social, radio and / or television programs.
All that our services offer is in any case present on www.quiz38.com.
The USER can activate the option of "advertising banners during the game" to have a lower license price. This option is set to “OFF” at the time of purchase and the price is included in the total.


"Pubs and Clubs" AREA

The use license for premises is proposed for all those activities that need to entertain customers in their own premises. In some provinces of Italy and in some districts of Portugal, use is regulated by agreements established with agencies or freelancers who work with the “Dr.Why” quiz. During the license request, you are shown the following:

“In some provinces and for some activities we have an agreement of“ respect for distances ”between clubs that offer Quiz Dr.Why evenings. We inform you that the premises that have an active collaboration with a Dr.Why agency / freelancer or that have other premises nearby where the Dr.Why evening activity is carried out, must have our confirmation in order to propose the I play Quiz to my customers.
This rule is only in force on the Italian and Portuguese territory as there are agreements between the companies interested in the promotion and dissemination of the Dr.Why project even if on different platforms.
All premises with fewer than 10 tables or a user of about 25 people are exempt from this rule.
Dear CUSTOMER, trusting in your good faith that you may not know of the existence of a nearby business, we inform you that there will be no checks on our part on the areas involved in "respecting the distances" between local or exclusive areas but if a agency or freelancer Dr.Why should discover that a restaurant carries out the Dr.Why Quiz in their area of expertise, we will contact you for proper management. There will be no financial request from us, only as a last resort will we invite the parties for a fruitful collaboration. "

For all the regions where this circumstance does not arise, the purchase is free.
To consume the game "credit", you will need to press on the confirmation request and once activated you have 4 hours of unlimited use, after this time you will have to consume another credit.
The purchased credit is non-refundable.
In the Pub version there are generic and thematic archives, the CUSTOMER can choose to purchase additional archives to expand the offer to their customers.
It is expressly forbidden to use the service outside of public places as provided for this license. Specifically, with this service it is not possible to organize: corporate events, web and / or social directives, radio and / or television programs. In all cases, all that is proposed in other services on www.quiz38.com
The CUSTOMER can activate the option of "advertising banners during the game" to have a lower license price. This option is set to “OFF” at the time of purchase and the price is included in the total.


UPDATES AND ARCHIVES INTEGRITY RESPONSIBILITY

The USER who purchases this specific license within the project more commonly called "Quiz38", chooses a version to be offered to a general public, exposing the brand for this we ask for the following commitments:
The OWNER provides the USER with the best version of the "Quiz38" Software of the relative archives.
It is in the interest of the OWNER to advise (in a non-binding way), during the period of contractual validity, strategies and working techniques in order to improve the playful aspect of the product, as well as provide assistance necessary for the correct execution of the game.


"HOLIDAYS" AREA

Service dedicated exclusively to tourist facilities, villages and hotels with questions translated into various languages. The archive contains a few hundred questions, abundantly sufficient for a vacation period of 30-60 days. By purchasing one of the timed licenses for the “Holidays” section, the USER will have the possibility to play one or more quiz games for the entire duration of the license purchased.
It is expressly forbidden to use the service outside of accommodation facilities such as villages, hotels, campsites or similar, for this license. Specifically, with this service it is NOT possible to organize: corporate events, live Web and / or Social, radio and / or television programs. In all cases, all that is proposed in other services on www.quiz38.com
The USER can activate the option of "advertising banners during the game" to have a lower license price. This option is set to “OFF” at the time of purchase and the price is included in the total.


"LIVE WEB STREAMING" AREA

This service is aimed exclusively at professionals who want to use an interactive Quiz for their Fan Pages or live broadcasts. A possible co-branding collaboration is envisaged for this service to be defined in a separate agreement.
Activation of the “Graphic Customization of the games” option.
The CUSTOMER who intends to create his own graphic layout can purchase the service. The HOLDER invites the USER to send an email in order to obtain a dedicated treatment.

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