Logo Wakala srl

Terms and Conditions

These Terms govern

  • the use of this Application, and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

This Application is provided by:

Wakala S.r.l. – Viale Bartolomeo Cavaceppi, 113 – 00127 Rome (Italia)

Owner contact email: info@wakala.it

“This Application” refers to

  • this website, including its subdomains and any other website through which the Owner makes its Service available;
  • applications for mobile, tablet and other smart device systems;
  • the Application Program Interfaces (API);
  • the Service;
  • any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service,as well as any related documentation;

The following documents are incorporated by reference into these Terms:

What the User should know at a glance

  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certainprovisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are alwaysexplicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
  • The right of withdrawal only applies to European Consumers.
  • This Application uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) terminationdetails and c) termination notice can be found in the relevant section of these Terms.
  • Important: Consumers based in Germany have different rules applying to them as described in the relevant section of theseTerms.

How this Application works

Without prejudice to its role as a mere technical intermediary as described above, the Owner may provide additional services toeither party of such interaction, such as providing packaging, shipping or facilitating dispute resolution.

This Application merely serves as a technical infrastructure or platform to allow Users to interact with each other. The Ownertherefore is not directly involved in any such interactions between Users.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicatedwithin this document.

By using this Application, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete andtruthful manner.Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choosepasswords that meet the highest standards of strength permitted by this Application.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if theythink their personal information, including but not limited to User accounts, access credentials or personal data, have beenviolated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meetsuch conditions.

  • Accounts registered by bots or any other automated methods are not permitted.
  • Unless otherwise specified, each User must register only one account.
  • Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

  • By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that itdeems inappropriate, offencive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying anyapplicable fees or prices.

Content on this Application

Unless where otherwise specified or clearly recognisable, all content available on this Application is owned or provided by theOwner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legalprovisions or third-party rights. However, it may not always be possible to achieve such a result.In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferablyreport related complaints using the contact details provided in this document.

Rights regarding content on this Application – All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate,transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the contentavailable on this Application, nor allow any third party to do so through the User or their device, even without the User’sknowledge.

Where explicitly stated on this Application, the User may download, copy and/or share some content available through thisApplication for its sole personal and non-commercial use and provided that the copyright attributions and all the otherattributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to this Application.

By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing anystatutory provisions and/or third-party rights.

Users acknowledge and accept that by providing their own content to this Application they grant the Owner a non-exclusive,worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the entire protection term), sub-licenseable andtransferable licence to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream,transmit or otherwise exploit such content to provide and promote its Service in any media or manner.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to thisApplication.

Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the samegeneral conditions set forth for content on this Application.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge andaccept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, todeny the uploading User access to this Application:

  • upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on suchcontent;
  • if a notice of infringement of intellectual property rights is received;
  • if a notice of violation of a third party’s privacy, including their intimate privacy, is received;
  • upon order of a public authority; or
  • where the Owner is made aware that the content, while being accessible via this Application, may represent a risk forUsers, third parties and/or the availability of the Service.

The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to anyclaims for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they providedto or provided through this Application.

Access to external resources

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and acceptthat the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights incontent, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms andapplicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law,regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including bydenying Users access to this Application or the Service, terminating contracts, reporting any misconduct performedthrough this Application or the Service to the competent authorities – such as judicial or administrative authorities -whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Owner’s legitimate interests;
  • offend the Owner or any third party.

Software license

The software embedded in or related to this Application is provided under a some-rights-reserved licence.

This means that Users are granted broad rights, including but not limited to the rights to use, execute, copy or distribute thesoftware, to the extent determined by such licence.

The terms of such licence shall always prevail upon conflicting, divergent or inconsistent provisions of these Terms.

Users may find further information regarding the licence terms in the relevant section of this Application.

API usage terms

Users may access their data relating to this Application via the Application Program Interface (API). Any use of the API,including use of the API through a third-party product/service that accesses this Application, is bound by these Terms and, inaddition, by the following specific terms:

  • the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for anydamages or losses resulting from the User’s use of the API or their use of any third-party products/services that access datathrough the API.

TERMS AND CONDITIONS OF SALE

Provision of personal data

To access or receive some of the Products provided via this Application as part of the Service, Users may be required to providetheir personal data as indicated on this Application.

Paid Products

Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sectionsof this Application.

To purchase Products, the User must register or log into this Application.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of this Application and are subject to changewithout notice.

While Products on this Application are presented with the greatest accuracy technically possible, representation on thisApplication through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference onlyand implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing processincludes these steps:

By clicking on the checkout button, Users open the Stripe checkout section, wherein they will have to specify their contactdetails and a payment method of their choice.

After providing all the required information, Users must carefully review the order and, subsequently, confirm and submitit by using the relevant button or mechanism on this Application, hereby accepting these Terms and committing to pay theagreed-upon price.

Order submission

When the User submits an order, the following applies:

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay theprice, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Product requires an action from the User, such as the provision of personal information or data,specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for suchpurposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any,delivery costs) that they will be charged.

Prices on this Application are displayed:

  • either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always besubject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Application.

Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount islimited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in thisdocument, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfil its contractual obligationsand expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in thecorresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

  • Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
  • A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
  • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied asingle time even in cases involving instalment-based purchases;
  • A Coupon cannot be applied cumulatively;
  • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon willautomatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and theredeemed value;
  • The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of theCoupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can befound in the dedicated section of this Application.

All payments are independently processed through third-party services. Therefore, this Application does not collect any paymentinformation – such as credit card details – but only receives a notification once the payment has been successfully completed. TheUser may read the privacy policy of this Application to learn more about the data processing and Users’ rights regarding theirdata.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under noobligation to fulfil the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expensesor damages from the User.

Authorization for future PayPal payment

If Users authorise the PayPal feature which allows future purchases, this Application will store an identification code linked tothe Users’ PayPal account. This will authorise this Application to automatically process payments for future purchases orrecurring instalments of past purchases.

This authorisation can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Delivery of digital content

Unless otherwise stated, digital content purchased on this Application is delivered via download on the device(s) chosen byUsers.

Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respectivesoftware (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

Performance of services

The purchased service shall be performed or made available within the timeframe specified on this Application or ascommunicated before the order submission.

Contract duration

Trial period

Users have the option to test this Application or selected Products during a limited and non-renewable trial period, at no cost.Some features or functions of this Application may not be available to Users during the trial period.Further conditions applicable to the trial period, including its duration, will be specified on this Application.

The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trialperiod expires.

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription andtermination are outlined below.

Fixed-term subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosenby the User or otherwise specified during the purchasing process.

Once the subscription period expires, the Product shall no longer be accessible.

Automatic renewal of fixed-term subscriptions

Subscriptions are automatically renewed through the payment method that the User chose during purchase.

The renewed subscription will last for a period equal to the original term.

The User shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed inorder to cancel the automatic renewal.

Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to theOwner using the contact details provided in this document, or — if applicable — by using the corresponding controlsinside this Application.

If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect assoon as the current period is completed.

Exception for Consumers based in Germany

However, regardless of the above, if the User is based in Germany and qualifies as a Consumer, the following applies:

At the end of the initial term, subscriptions are automatically extended for an unlimited period, unless the Userterminates before the end of such term.

The fee due upon extension will be charged on the payment method that the User chose during purchase.

After extension, the subscription will last for an indefinite period and may be terminated monthly.

Termination

Extended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to theOwner using the contact details provided in this document, or — if applicable — by using the corresponding controlsinside this Application.

If the notice of termination is received by the Owner by the end of the current month, the subscription shall expire at theend of such month.

Terms and conditions applying to extra features

Users that have an active subscription may purchase single extra add-ons or features, described in the relevant section of thisApplication.Prices, duration, terms of use and termination of such extras may differ from those of the main Product and, unless otherwisespecified, do not influence the prices, duration, terms of use and termination of the latter.

Modification of Digital Products

The following applies to Users qualifying as Consumers.

This Application provides a Digital Product to Users over time. In order to ensure conformity of the Digital Product at all times,the Owner reserves the right to modify the Digital Product from time to time at no additional cost for Users, by duly informingUsers about any such upcoming modification and its reasons.

Where Users maintain that such modification would negatively impact their access to or use of the Digital Product, and suchnegative impact would not be only minor, Users shall have the right to

  • reject the modification and keep using the unaltered Digital Product; or
  • terminate the contract with the Owner within no less than 30 days of receiving the information about the upcomingmodification, or of the implementation of the modification – whichever is later.
User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory withdrawalright under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable totheir case, for any reason and without justification.

Users that do not fit this qualification, cannot benefit from the rights described in this section. The Consumer shall only be liableto the Seller for any diminution in the value of the goods resulting from handling the goods in a manner other than that necessary

to acquaint him with the nature, characteristics and functionality of the goods.

Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw fromthe contract.

To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Usersare, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any othersuitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal noticebefore the withdrawal period expires.

When does the withdrawal period expire?

  • Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into,unless the User has waived the withdrawal right.
  • In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 14 days afterthe day that the contract is entered into, unless the User has waived the withdrawal right.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, ifany, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type ofstandard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which theOwner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursementswill be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incurany costs or fees as a result of such reimbursement.

…on the purchase of services

Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal periodexpires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.

Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provideduntil the time the User withdraws, compared with the full coverage of the contract.

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law andmay be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14days), for any reason and without justification.

Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about thecancellation conditions within this section.

Exercising the right to cancel

To exercise their right to cancel, Users must send to the Owner an unequivocal statement of their intention to withdraw from thecontract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document.Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any othersuitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal noticebefore the cancellation period expires. When does the cancellation period expire?

  • Regarding the purchase of a service, the cancellation period expires 14 days after the day that the contract is entered into,unless the User has waived the right to cancel.
  • In case of purchase of a digital content not supplied in a tangible medium, the cancellation period expires 14 days afterthe day that the contract is entered into, unless the User has waived the right to cancel.

Effects of cancellation

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, ifany, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type ofstandard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which theOwner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursementswill be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incurany costs or fees as a result of such reimbursement.

…on the purchase of services

Where a User exercises the right to cancel after having requested that the service be performed before the cancellation periodexpires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.

Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provideduntil the time the User withdraws, compared with the full coverage of the contract.

Brazilian User rights

Right of regret

Unless an applicable exception is stated below, Users who are Consumers in Brazil have a legal right of regret under Brazilianlaw. This means that the Consumer has the right to withdraw from contracts made online (distance contracts or any contractsigned away from business premises) within seven (7) days of the date the contract was entered into or the receipt of the productor service, for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rightsdescribed in this section. The right of regret may be exercised by the Consumer via contact channels listed at the beginning of thisdocument and in accordance with the guidelines in this section.

Exercising the right of regret

To exercise their right of regret, Users must send to the Owner an unequivocal statement of their intention to withdraw from thecontract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document.Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any othersuitable way. In order to meet the deadline within which they can exercise such right, Users must send the regret notice before theregret period expires. When does the regret period expire?

  • Regarding the purchase of a service, the regret period expires seven (7) days after the day that the contract is entered intoand only if the service has not yet been provided.
  • In the event of the purchase of digital content, the regret period expires seven (7) days after the day that the contract isentered into and only if the digital content has not yet been provided and integrated into the Consumer’s device.

Effects of regret

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, ifany, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type ofstandard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which theOwner is informed of the User’s decision to withdraw from the contract or the actual return of the product, whichever occurslater. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to processthe initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…on the purchase of services

Where a User exercises the right of regret after having requested that the service be performed before the regret period expires,the User shall pay to the Owner an amount which is in proportion to the part of the service provided.

Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provideduntil the time the User withdraws.

Guarantees

Legal guarantee of conformity for Digital Products under EU law

Under EU law, for a minimum period of 2 years from delivery or, in case of Digital Products supplied continuously for more than2 years for the entire supply period, traders guarantee conformity of the Digital Products they provide to Consumers.

Where Users qualify as European Consumers, the legal guarantee of conformity applies to the Digital Products available on thisApplication in accordance with the laws of the country of their habitual residence.

National laws of such country may grant Users broader rights.

Scope of conformity of Digital Products

Some of the Digital Products available on this Application may have characteristics deviating from the objective requirements ofconformity, such as their interoperability, compatibility, fitness for purpose, functionality, etc. Further information is to be foundin the dedicated sections of this Application and will be pointed out during the purchasing process.

Conformity to contract for Consumers in the United Kingdom

Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.

Legal guarantee of conformity for goods for Consumers in Brazil

The legal guarantee applicable to goods sold by this Application (both physical and digital) complies with the following terms,according to the Consumer Protection Code:

non-durable goods shall have a thirty-day (30 day) guarantee; and

durable goods shall have a ninety-day (90 day) guarantee.

The warranty period starts from the date of goods delivery.

The warranty is not applicable in cases of misuse, natural events or if it has been subjected to any maintenance other than thatprovided by this Application.The warranty may be claimed through the contact channels provided by this Application. The Owner shall bear the costs ofshipping the goods for technical assessment, if necessary.The Owner, at its own discretion, may also offer a contractual warranty in addition to the legal warranty. The regulationsapplicable to contractual warranties can be found in the specifications provided by this Application. If no such information isprovided, only the statutory provisions shall apply.

Legal guarantee of conformity for services for Consumers in Brazil

The legal guarantee applicable to services sold by this Application complies with the following terms, according to the ConsumerProtection Code:

non-durable services shall have a thirty-day (30 day) guarantee; and

durable services shall have a ninety-day (90 day) guarantee.

The warranty period starts from the end of the performance of services.

The warranty is not applicable in cases of service misuse, natural events or if it has been subjected to any maintenance other thanthat provided by this Application.The warranty may be claimed through the contact channels provided by this Application. If applicable, the Owner shall bear thecosts of shipping any goods for technical assessment.The Owner, at its own discretion, may also offer a contractual warranty in addition to the legal warranty.The regulations applicable to contractual warranties can be found in the specifications provided by this Application. If no suchinformation is provided, only the statutory provisions shall apply.

After-sales assistance

Users who have purchased products on this Application are entitled to the after-sales assistance services described in the relevantsection of this Application.

Liability and indemnification

Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of theAgreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partnersand employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— madeby any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisionsconnected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees tothe extent allowed by applicable law.

The above also applies to any claims exercised by third parties (including but not limited to the Owner’s clients or customers)against the Owner related to Digital Products provided by the User such as, for instance, conformity claims.

Limitation of liability for User activities on this Application

Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporatedin this Application.

The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users andtherefore bears no liability for any such interactions among Users, including the performance of any Users’ obligations.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against theOwner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractualobligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intentor gross negligence, as long as this Application has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Ownershall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User mayhave under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot beexcluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, includingliability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at theOwner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To themaximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, andwarranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty ofmerchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information,whether oral or written, obtained by the User from the Owner or through the Service will create any warranty notexpressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders,partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service willmeet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure;that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Anycontent downloaded or otherwise obtained through the use of the Service is downloaded at Users’ own risk and Usersshall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results fromsuch download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised oroffered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party toor in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/oroperating system. The owner cannot be held liable for any perceived or actual damages arising from Service content,operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties.The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also haveother rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to theextent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers,directors, agents, co-branders, partners, suppliers and employees be liable for:

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitationdamages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, orinability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service orUser account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorised access to or use of the Owner’s secure servers and/or any and all personal information storedtherein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any contentposted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and itssubsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for anyclaims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid byUser to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between theOwner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whetherthe alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has beenadvised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the abovelimitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also haveother rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under theterms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages,obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arisingfrom

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations andwarranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual propertyrights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username,password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurateinformation;
  • User’s willful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers andemployees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision.No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates orany other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service isdiscontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respectUsers’ rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure”events (infrastructural breakdowns or blackouts etc.).

The Owner undertakes to inform the User with at least 1 days’ notice in advance, whenever possible.

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without theOwner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their personal data, Users may refer to the privacy policy of this Application.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademarkrights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and aresubject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, orlogos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and aresubject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriatelyinform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound bythe changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previousversion from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under theseTerms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of theOwner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity orunenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and

effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required torender it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users andthe Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prioragreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permittedby law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in anamicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, ifso permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall notnullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the partieswould not have entered into the contract if they had known that the provision would not be valid, or in cases where the remainingprovisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of thisdocument, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumerprotection standards, such higher standards shall prevail.

Exception for Consumers in Switzerland

If the User qualifies as a Consumer in Switzerland, Swiss law will apply.

Exception for Consumers in Brazil

If the User qualifies as a Consumer in Brazil and the product and/or service is commercialised in Brazil, Brazilian law will apply.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of theplace where the Owner is based, as displayed in the relevant section of this document.

Accessibility

The Owner is committed to making the content accessible to Users with disabilities. If Users have a disability and are unable toaccess any portion of this Application due to their disability, they should give a notice including a detailed description of the issueencountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology toolsand techniques, the Owner commits to promptly address it.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of thisApplication or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, oraccount, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 3 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-courtmethod for solving disputes related to and stemming from online sale and service contracts.

As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolvingdisputes stemming from contracts which have been entered into online. The platform is available at the following link.

Definitions and legal references

This Application (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Brazilian (or Brazil)

Applies where a User, regardless of nationality, is in Brazil.

Business User

Any User that does not qualify as a Consumer.

Coupon

Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

Digital Product

Is a Product that consists of:

content produced and supplied in digital form; and/or

a service that allows for the creation, processing, storing or accessing data in a digital form or the sharing or any other formof interaction with digital data uploaded or created by the User or any other user of this Application.

European (or Europe)

Applies where a User, regardless of nationality, is in the EU.

Example withdrawal form

Addressed to:

Wakala S.r.l. – Viale Bartolomeo Cavaceppi, 113 – 00127 Rome (Italia)info@wakala.it

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the followingservice:

_____________________________________________ (insert a description of the goods/services that are subject to therespective withdrawal)

Ordered on: _____________________________________________ (insert the date)

Received on: _____________________________________________ (insert the date)

Name of consumer(s):_____________________________________________

Address of consumer(s):_____________________________________________

Date: _____________________________________________

(sign if this form is notified on paper)

Owner (or We)

Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.

Product

A good or service available through this Application, such as e.g. physical goods, digital files, software, booking services etc.,and any other types of products separately defined herein, such as Digital Products.

Service

The service provided by this Application as described in these Terms and on this Application.

Terms

All provisions applicable to the use of this Application and/or the Service as described in this document, including any otherrelated documents or agreements, and as updated from time to time.

United Kingdom (or UK)

Applies where a User, regardless of nationality, is in the United Kingdom.

User

Any user of the Service, whether a human being or legal entity.

User (or You)

Indicates any natural person or legal entity using this Application.

Consumer

Consumer is any User qualifying as such under applicable law.

Latest update: 5 June 2024

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