Terms and conditions

Please read these terms and conditions carefully before using our service.

Interpretation and definitions

Interpretation

Words whose initial letter is capitalized have the meanings defined below. The following definitions will have the same meaning regardless of whether they appear in the singular or plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by, or is under common control with a person, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for directors or other managing authority.
  • Account means a unique account created to allow you to access our Service or parts of our Service.
  • Country refers to: Italy
  • Company (referred to as "the Company", "We", "Us" or "Our" in this Agreement) refers to myLink SRLs, with registered office at Pizza JF Kennedy, Snc, Avezzano, (AQ), Italy.
  • Content refers to content such as text, images or other information that may be posted, uploaded, linked to or otherwise made available by you, regardless of the content form.
  • Device means any device that can access the Service such as a computer, mobile phone or tablet.
  • Feedback means feedback, innovations or suggestions submitted by the User regarding attributes, performance or features of our Service.
  • Free trial refers to a limited period of time that can be free when purchasing a Subscription.
  • Goods means the items offered for sale on the Service.
  • Orders means a request by you to purchase Goods from Us.
  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.
  • Service refers to the Site.
  • Subscriptions refer to services or access to the Service offered on a basic subscription basis by the Company to You.
  • Terms and Conditions (also referred to as “Terms”) means these Terms and Conditions that constitute the entire agreement between You and the Company regarding the use of the Service.
  • Third-party social media service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to myLink and myLink Shop
And


    • You/You yes means the individual accessing or using the Service, the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

    Recognition

    These are the Terms and Conditions that govern the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set forth the rights and obligations of all users regarding the use of the Service.

    Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

    By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the Service.

    Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read our Privacy Policy carefully before using our Service.

    Placing orders for goods

    By placing an Order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts.

    Your information

    If you wish to place an Order for Goods available on the Service, you may be asked to supply certain information relevant to your order including, without limitation, your name, your email address, your telephone number, your credit card number, the expiration date of your credit card, your billing address and your shipping information.

    You represent and warrant that: (i) you have the legal right to use any credit or debit card or other payment method in connection with any Order; and that (ii) the information you provide to us is true, correct and complete.

    By submitting such information, you grant us the right to provide the information to third-party payment processors for the purpose of facilitating the completion of your Order.

    Order Cancellation

    We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to:

    • Goods availability
    • Errors in the description or prices of the Goods
    • Errors in your order

    We reserve the right to refuse or cancel your Order if it is not authorized.

    Your Order Cancellation Rights

    Any goods purchased may only be returned in accordance with these Terms and Conditions and our Returns Policy.

    Our Returns Policy is part of these Terms and Conditions. Please read our Returns Policy to find out more about your right to cancel your order.

    Your right to cancel an Order only applies to Goods that are returned in the same condition in which You received Them. You should also include all product instructions, documents and packaging. Goods that are damaged or not in the same condition in which You received them or that have been used beyond the original packaging will not be refunded. You should therefore take reasonable care of the Goods purchased whilst they are in your possession. We will refund you no later than 14 days after the day on which we receive the returned Goods. We will use the same means of payment as you used for the order and you will not incur any fees for such refund.

    You will not have any right to cancel an Order for the supply of any of the following Goods:

    • The supply of Goods made to your specifications or clearly personalized.
    • The supply of Goods which by their nature are not suitable for return, deteriorate rapidly or if their use-by date has expired.
    • The supply of Goods which are not suitable for return for health protection or hygiene reasons and have been opened after delivery.
    • The supply of Goods which, after delivery, according to their nature, are inseparably mixed with other objects.
    • The supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of right to cancellation.

    Availability, errors and inaccuracies

    We are constantly updating our offerings of Goods on the Service. Merchandise available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

    We cannot and do not guarantee the accuracy or completeness of any information, including pricing, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

    Pricing Policy

    The Company reserves the right to change its prices at any time prior to accepting an Order.

    Quoted prices may be changed by the Company after acceptance of an Order in the event of any event affecting delivery caused by government action, change in customs duties, increased shipping charges, increased exchange costs and any other matter outside the Company's control. In such event, you will have the right to cancel your Order.

    Payments

    All goods purchased are subject to a one-off payment. Payment can be made via various payment methods that we have available, such as Visa, MasterCard, Affinity Card,

    American Express cards or online payment methods (Stripe, for example).

    Payment cards (credit or debit cards) are subject to validation checks and authorisation by your card issuer. If we do not receive the required authorisation, we will not be liable for any delay or failure to deliver Your Order.

    Subscriptions

    Subscription period

    The Service or certain parts of the Service are available only with a paid Subscription. Payments may be billed in advance on a recurring and/or periodic basis (e.g., daily, weekly, monthly, or annually), depending on the type of Subscription selected when purchasing the Subscription.

    At the end of each term, your subscription will automatically renew in exactly the same manner and under the same conditions unless you cancel it or the Company cancels it.

    Subscription cancellations

    You can cancel your subscription renewal via your account settings page ( Menu > myLink pro > Cancel subscription ).

    myLink may revert you to the basic version of the mobile app at any time and without notice if your subscription or membership is UNPAID .

    Billing

    You will provide the Company with accurate and complete billing information, such as: name, address, state, zip code, telephone number, and a valid payment method information.

    In the event of failure to automatically bill for any reason, the Company will issue an electronic invoice notice indicating that the full payment corresponding to the billing period indicated on the invoice must be made manually within a certain due date.

    Commission changes

    The Company, in its sole discretion and at any time, may change the Subscription fees.

    The change in Subscription fee will become effective upon termination of the Subscription then in effect.

    The Company will provide you with reasonable advance notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.

    Your continued use of the Service after the Subscription fee change becomes effective constitutes your agreement to pay the modified Subscription fee amount.

    Refunds

    Except where required by law, subscription fees paid are non-refundable.

    Some refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the Company's sole discretion.

    Free Trial

    The Company may, in its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

    You may be asked to enter your billing information to sign up for the free trial.

    If you enter your billing information when you sign up for a free trial, you will not be charged by the Company until the end of the free trial period. On the last day of the Free Trial period, unless you cancel your subscription, you will automatically be charged the applicable subscription fee for the type of subscription you have selected.

    At any time and without notice, the Company reserves the right to (i) change the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.

    Promotions

    Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

    If you participate in any Promotion, please review the applicable rules and our Privacy Policy. If the rules of a Promotion conflict with these Terms, the Promotion rules will apply.

    User Profiles

    When you create an account with us, you must provide us with accurate, complete, and up-to-date information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

    You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party Social Media Service.

    You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

    You may not use as a username the name of another person or entity or that is unlawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

    Content

    Your right to post content

    Our service allows you to post content. You are responsible for the content you post, including its legality, reliability, and appropriateness.

    By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

    You retain all of your rights to any Content you submit, post or display on or through the Service, and you are responsible for protecting those rights. You agree that this license includes the right for Us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

    You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

    Content Restrictions

    The Company is not responsible for the content of users of the Service. You expressly understand and agree that you are solely responsible for the Content and all activities that occur under your account, whether by you or any third party using your account.

    You may not transmit any Content that is unlawful, offensive, inflammatory, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such

    Objectionable content includes, but is not limited to, the following:

    • Illegal or promotion of illegal activities.
    • Defamatory, discriminatory, or mean-spirited content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
    • Spam, machine- or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
    • Contain or install any viruses, worms, malware, Trojan horses or other content that is designed or intended to interrupt, damage or limit the functionality of any computer software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third party.
    • Violation of any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
    • Impersonate any person or entity, including the Company and its employees or representatives.
    • Violate the privacy of others.
    • False information and features.

    The Company reserves the right, but not the obligation, to determine, in its sole discretion whether or not any Content is appropriate and complies with these Terms, refuse or remove the Content. The Company also reserves the right to format and edit and change the manner of any Content. The Company may also limit or terminate your use of the Service if you post such objectionable Content. Because the Company cannot review all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find offensive, indecent, inaccurate or objectionable and you agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions therein, or any loss or damage of any kind incurred as a result of the use of any Content.

    Content Backup

    While regular backups of the Content are performed, the Company does not guarantee that there will be no loss or corruption of data.

    Corrupt or invalid backup points may be caused by, but not limited to, Content being corrupted before backup or changing while backup is in progress.

    The Company will provide support and attempt to resolve any known or discovered issues that may affect backups of Content. But you acknowledge that the Company has no responsibility for the integrity of the Content or for the failure to successfully restore the Content to a usable state.

    You agree to maintain a complete and accurate copy of any Content in an independent location on the Service.

    Copyright Policy

    Intellectual Property Infringement

    We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

    If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is occurring through the Service, you must submit your notice in writing to the attention of our Copyright Agent by email at dmca@mylinkapp.co and include in your notice a detailed description of the alleged infringement.

    You may be held liable for damages (including costs and attorneys' fees) by misrepresenting that any Content infringes your copyright.

    DMCA Notice and DMCA Copyright Procedure

    Infringement Requests

    You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 USC 512(c)(3) for further detail):

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
    • A description of the copyrighted work that you claim has been infringed, including the URL (e.g., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
    • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
    • Your address, telephone number and email address.
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

    You may contact our Copyright Agent via email at dmca@mylinkapp.co. Upon receipt of a notification, the Company will take whatever action it, in its sole discretion, deems appropriate, including removing the disputed content from the Service.

    Intellectual property

    The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

    The Service is protected by copyright, trademark, and other laws of both the Host Country and foreign countries.

    Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

    Your feedback for us

    You assign all right, title and interest in any Feedback you provide to Company. If for any reason such assignment is ineffective, you agree to grant Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and exploit such Feedback without restriction.

    Links to other websites

    Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

    The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or Services.

    We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

    Termination

    We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

    Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.

    Limitation of liability

    Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

    To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

    Some states do not allow the exclusion of implied warranties or limitations of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, each party's liability will be limited to the maximum extent permitted by law.

    "AS IS" and "AS AVAILABLE" Disclaimer

    The Service is provided to you on an "AS IS" and "AS AVAILABLE" basis and with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

    Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service or the information, content, and materials or products included on it; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

    Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set out in this section shall apply to the greatest extent enforceable under applicable law.

    Government law

    The laws of the Country, excluding its conflict of law rules, will govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national or international laws.

    Dispute Resolution

    If you have any concerns or disputes about the Service, you agree to first try to resolve them informally by contacting the Company.

    For users in the European Union (EU).

    If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you reside.

    Law of the federal government of the United States

    USA provisions

    If you are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined in 48 CFR §2.101.

    US Legal Compliance

    You represent and warrant that (i) you are not located in a country that is subject to the U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

    Severability and Waiver

    Severability

    If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

    Waiver

    Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

    Interpretation of the translation

    These Terms and Conditions may have been translated if we have made them available on our service. You agree that the original English text prevails in the event of a dispute.

    Changes to these Terms and Conditions

    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined by confidentiality.

    By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

    Contact us

    If you have any questions about these Terms and Conditions, you can contact us:

    • By email: contact@mylinkapp.co