Terms and Conditions for “EAT APP”  Online Services by T4U Srl

Last updated: 18 March 2019

IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”). THEY CONTAIN LIMITATIONS ON T4U’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with T4U.

By accepting these terms, you also understand and consent to T4U’s Privacy Statement, which is incorporated into, and part of, this agreement. Our Privacy Statement describes how we collect, use and share information. 
The online services are not intended to be used by, or targeted to, anyone under the age of 16. You must be at least 16 years old to use the online services . If you are at least 16 but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services. 

It is defined as “Entities”, all subjects published on the App, for example enogastronomic farmers, accommodations, partners not necessarily belonging to enogastronomic business or other subjects not listed here.

If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that T4U close any online services account that you have created. You can request account deletion by sending an email to , please include the email address of the account that you want deleted.

1. About the App and online services.

Availability of products and services. T4U services are available in many parts of the world. However, the online services may describe services that are not available worldwide.

Obey the rules of the road. Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. YOU MUST NOT USE THE ONLINE SERVICES WHILST DRIVING OR WHILST BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.

You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. T4U does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.

Right to update or terminate the online services. You understand and consent that (with or without notice) T4U may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any T4U mobile app that you have installed on your device.

Updates to these terms. T4U may also update these terms at any time and at its sole discretion. If T4U makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that T4U close any online services account that you have created. To close your account, you can visit www.my-eatapp.com  and contact us from online support form or write to info@my-eatapp.com

Booking on the App . T4U as owner of the App and Services, is not responsible for the booking success, Entity availability and for any events that may arise during the visit, included events related to Entity safety compliance.

2. Our information practices and communications with you.

How to contact us. If you have any questions or comments regarding the App and online services, please see the contact us through “CONTACT US” button in the App FAQ area or through our website page www.my-eatapp.com.

Privacy Statement. These terms incorporate T4U Privacy Statement as part of the terms. Our Privacy Statement describes our information practices, including how we collect, use and share information.

How we communicate with you. Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from T4U. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing and other messages from T4U. T4U may use the information you have provided to us to communicate with you in accordance with T4U Privacy Statement.

Opting out of communications generally. You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the App under pPofile section - Settings ,in particular related to push notification messaging system.

Additional information on text messages. When you opt in to any of our text message programs, you understand that such text message programs are separately governed by. You understand and consent that you will receive text messages from an automated system. If you wish to disable messages program, you can disable messages by deselecting favorites categories from App settings.

3. Offers.

You have the possibility of receiving offers through the online services. The following general terms apply to the offers:

(1)  the offer may only be available through that particular online service

(2)  the offer may be available only for the product shown and subject to Entity availability

You purchase or tasting of products directly from farmer or use of other services at Entity.

When App user books a visit, buy products or service at Entity structure, he does it directly so T4U doesn’t require any fee to App user.

About the products and services in the online services. All products and services are subject to availability at Entity. Images of products and services published on the App are responsibility of Entity, T4U is not responsible about content and origin of photos.

About published prices. Each Entity is free and fully responsible to fix products/services prices and decide to publish them or not in the App.T4U is not responsible for discrepancies between what is published on the App and what is provided during visit.

T4U is also not responsible of content publishing on behalf of the Entity, for example for technical reasons or in case or specific Entity mandate.

Refunds and your consumer rights. If you desire to seek a refund for any reason, including if the products or services are unsatisfactory or for other reasons, please contact directly the Entity  where you purchased the product or service regarding any refund due to you. Your legal rights in this respect are not affected by anything in these terms.

4. Ownership and Licenses for the App and online services.
T4U intellectual property ownership. Any and all rights in the online services are and shall remain the exclusive property of T4U or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with T4U or its licensors’ rights.

Your license to use the online services. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. T4U reserves all other rights.

Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of T4U or licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

5. User submissions and unsolicited ideas 
User submissions. Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to T4U through the online services (together, “submissions”). You understand that by submitting any information to T4U through the online services, you grant T4U a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. T4U will not be required to treat any submissions as confidential.

Unsolicited ideas. It is T4U policy not to consider unsolicited ideas. While we appreciate you taking the time to consider T4U, we’re unable to review new ideas from outside the T4U system. You expressly waive any and all claims against T4U, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.

6. Acceptable uses and restrictions for the online services.

Acceptable uses and other restrictions. With respect to the online services (which includes content), you may not, and may not allow third parties, to:
a) Use the online services for any purpose that is unlawful or prohibited by these terms;
b) Delete or change any copyright, trademark, or other proprietary notices; 
c) Attempt to obtain ownership or title to the online services, including the content; 
d) Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
e) Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
f) Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
g) Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
h) Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, T4U network or any user accounts associated with the online services.

7. Limitations on liability and disclaimers.

Limitations on liability. NEITHER T4U SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT T4U LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY T4U OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW. T4U reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.

T4U provides the online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. T4U PROVIDES THE ONLINE SERVICES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. T4U DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. T4U DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST T4U FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. T4U does not endorse and is not associated with any of these third party services. T4U HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.

Events beyond our control. T4U HAVE NO RESPONSIBILITY FOR T4U FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS CAUSED BY OR RELATED TO ANY EVENT BEYOND T4U REASONABLE CONTROL. If such an event occurs, then T4U obligations under these terms will be suspended for the duration of the event; and T4U may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

 

8. Apple Applications
These terms incorporate and supplement the Apple, Inc. (“Apple”) terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including the Licensed Application End User terms therein (“Apple terms”). If you are using the online services through Apple application (“Apple Application”), you also acknowledge and agree:

• Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact T4U, not Apple, using the above Support Services details;

• except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and T4U and not between you, or anyone else, and Apple); and

• in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;

If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.

9. Miscellaneous.

• T4U makes no representation that the online services are appropriate or available outside of the Italy. If you use the online services from other locations you are responsible for compliance with applicable local laws. 
• These terms will be governed and interpreted pursuant to the laws of Italy, notwithstanding any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the city courts in Italy for purposes of any legal action arising out of or related to these terms or the online services.
• Although these terms govern the online services as between T4U and you only, Apple and other third party beneficiaries under these terms and will have the right to enforce against you those rights that T4U holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
• The terms are written in Italian. Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the Italian version controls.
• On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all of rights of T4U, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well all restrictions on use, all limitations on liability and disclaimers.
• Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
• If T4U fails to insist that you perform any of your obligations under these terms, or if T4U does not enforce its rights against you, or delays in doing so, that will not mean that T4U has waived its rights against you and will not mean that you do not have to comply with those obligations. 
• T4U may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if T4U agrees in writing.