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 the common control of a person, where "control" means ownership of 50% or more of the stock, equity or other securities entitled to vote in the election of 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", "We" 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 or otherwise made available by the User, regardless of the form contained.
- 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 any attribute, performance or feature of our Service.
- Free Trial refers to a limited time period which can be free when you purchase a Subscription.
- Goods means items offered for sale on the Service.
- An order is 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 Company to You.
- Terms and Conditions (also referred to as "Terms") means these Terms and Conditions which constitute the entire agreement between you and the Company regarding your use of the Service.
- Third Party Social Media Service means any service or content (including data, information, products or services) provided by third parties that may be displayed, included or made available by the Service.
- Website refers to myLink and myLink Shop
- You/You yes means the individual accessing or using the Service, the business or other legal entity on whose behalf such person 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 out 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, you may not access the Service.
Access to and use of the Service are 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 Website and informs you about your privacy rights and how the law protects you . Please read our Privacy Policy carefully before using our service.
Place orders for goods
By placing an Order for Goods through the Service, the User warrants that he is 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 provide certain information relevant to your order including, without limitation, your name, your email, your telephone number, your credit card number credit, your credit card expiration date, your billing address, and your shipping information.
You represent and warrant that: (i) you have a legal right to use any credit or debit card or other payment methods 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 information for payment processing by third parties 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 pricing of the Goods
- Errors in your order
We reserve the right to refuse or cancel your Order unless authorised.
Your rights to cancel your order
Any goods purchased can only be returned in accordance with these Terms and Conditions and our returns policy.
Our returns policy forms 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 which are returned in the same condition as you received them. You should also include all product instructions, paperwork, and wrappers. Goods damaged or not in the same condition as you received them or simply used beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in your possession. We will refund you no later than 14 days from the day we receive the returned Goods. We will use the same means of payment used by you for the order and you will not incur any costs for this refund.
You will have no 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 the expiry date has expired.
- The supply of Goods which are unsuitable 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 inseparable 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 the user has acknowledged Your loss of right of cancellation.
Availability, errors and inaccuracies
We are constantly updating our offerings of Goods on the Service. Merchandise available on our Service may be incorrectly priced, inaccurately described, 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 prices, product images, specifications, availability and services. We reserve the right to change or update information and correct errors, inaccuracies or omissions at any time without notice.
Pricing policy
The Company reserves the right to change its prices at any time before accepting an Order.
Prices quoted 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, higher shipping charges, higher exchange charges and any other matter outside the Company's control. In such case, you will have the right to cancel your Order.
Payments
All purchased goods 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 and authorization checks by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of Your Order.
Subscriptions
Subscription period
The Service or certain portions of the Service are only available 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 on exactly the same terms and 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 ). You will not receive a refund for any fees you have already paid for your current Subscription period.
By clicking on " Cancel subscription " you will immediately return to the basic version of myLink, even if you have already paid for a subscription.
myLink can switch you back to the basic version of the mobile app at any time and without notice if your subscription or subscription is UNPAID .
Billing
You must provide the Company with accurate and complete billing information, such as: name, address, state, zip code, telephone number, and valid payment method information.
In the event of automatic invoicing failure for any reason, the Company will issue an electronic invoice notice indicating that full payment corresponding to the billing period indicated on the invoice must be made manually, within a certain deadline date.
Fee Changes
The Company, in its sole discretion and at any time, may change the Subscription rates.
The subscription fee change will become effective upon termination of the then-current Subscription.
The Company will provide you with reasonable 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 as required by law, paid subscription fees are non-refundable.
Some refund requests for Subscriptions may be considered by Company on a case-by-case basis and granted at 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 your free trial.
If you enter your billing information when you sign up for a free trial, you will not be billed by the Company until the free trial period expires. 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 subscription type 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 which 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 rules of the Promotion will apply.
User Profiles
When you create an account with us, you must provide us with accurate, complete and always up-to-date information. Failure to do so constitutes a violation of the Terms, which may result in the immediate termination of your account on our service.
You are responsible for safeguarding the password you use to access the Service and for any activity or action 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 what is unlawfully available for use, a name or trademark that is subject to any right of another person or entity other than yourself without a proper authorization, or an otherwise offensive, vulgar or obscene name.
Content
Your right to post content
Our service allows you to post content. You are responsible for the content in which you post, including its legality, reliability and appropriateness.
By posting Content on 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 in 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 is not violate the privacy rights, publicity rights, copyrights, contract rights or any other right 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 for all activity that occurs under your account, whether done by you or by any third party using your account.
You may not transmit any Content that is unlawful, offensive, shocking, disgusting, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such
Objectionable content includes, but is not limited to the following:
- Illicit or promote illegal activity.
- Defamatory, discriminatory or mean content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine - or randomly generated, 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 designed or intended to interrupt, damage or limit the operation of any computer software, hardware or telecommunications equipment or to damage or gain unauthorized access to any data or other information of a third person.
- Violation of any proprietary right of any party, including any patent, trademark, trade secret, copyright, right of publicity or other right.
- 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 restrict or terminate your use of the Service if you post such objectionable content. Since the Company cannot control 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, inappropriate 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 in the content or any loss or damage of any kind suffered as a result of using any content.
Content backup
Although regular backups of the Contents are performed, the Company does not guarantee in such an event there will be no loss or damage to the data.
Corrupted or invalid backup points can be caused by, but not limited to, Content being corrupted prior to backup or changing while the backup is running.
Company will provide support and attempt to resolve any known problems or discovered problems that may affect backups of the Contents. But you acknowledge that the Company has no responsibility for the integrity of the Contents or the failure to successfully restore the Contents 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 manner that constitutes copyright infringement 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 alleging that any Content is infringing on your copyright.
DMCA Notice and DMCA Copyright Process
Infringement Claims
You may submit a Digital Millennium Copyright Act (DMCA) notice by providing our copyright agent with the following information in writing (see 17 USC 512(c)(3) for additional details):
- An electronic or physical signature of the person authorized to act on behalf of the copyright interest owner.
- A description of the copyrighted work that you claim has been infringed, including the URL (eg, 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 thereon and on behalf of the copyright owner.
You can contact our copyright agent by email at dmca@mylinkapp.co. Upon receipt of a notice, the Company will take any action, in its sole discretion, it deems appropriate, including the removal of the disputed content from the Service.
Intellectual property
The Service and its original content (not including 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 other countries.
Our trademarks and trade dress may not be used in connection with any product or service without the Company's prior written consent.
Your feedback for us
You assign all right, title and interest in any Feedback you provide to the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, 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 websites 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 third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through such websites or Services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services you visit.
Termination
We may terminate or suspend your account immediately, without notice or liability, for any reason, including, without limitation, for your breach of these Terms and Conditions.
Upon termination, your right to use the Service will immediately cease. If you wish to close your account, you can simply stop using the service.
Limitation of Liability
Notwithstanding any damages you may suffer, the entire liability of the Company and any of its suppliers under any provision of these 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 if you have not purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event will 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, 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 these 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 "AS IS" and "AS AVAILABLE" and with all merits and defects without warranties 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 respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties which may arise by course of dealing, course of performance, use or trade practice. Without limiting the foregoing, the Company makes no warranties or representations, and makes no representations whatsoever, that the Service will meet your needs, achieve your intended results, be compatible, or function with any other software, applications, systems, or services. , operate without interruption, meet any standard of performance or reliability 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 suppliers make any representations or warranties 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, content or emails sent by or on behalf of the Company are free from 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 a consumer's applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you. But in such event the exclusions and limitations set forth in this section will apply to the fullest extent applicable under applicable law.
Government law
The laws of the country, excluding its conflicts 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 it informally by contacting the Company.
For European Union (EU) users.
If you are a consumer from the European Union, you will benefit from any mandatory provisions of the law of the country where you reside.
US federal government law
US provisions
If you are a US 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 subject to a United States embargo by the United States government, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on no 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, that provision will be modified and construed to accomplish the objectives of that 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 demand performance of an obligation under these Terms will not affect a party's ability to exercise such right or demand such performance at any later time nor the waiver of a breach shall constitute a waiver of any subsequent violation.
Translation interpretation
These Terms and Conditions may have been translated if we have made them available on our service. You agree that the original text in Italian prevails in the event of a dispute.
Changes to these Terms and Conditions
We reserve the right, in 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 such revisions become effective, you agree to be bound by the revised terms. If you do not accept 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