Last updated 11 march 2020

Conditions of Use of the website

1. Introduction
2. Definitions
2.1 Terms of Use
2.2 User
2.3 Services or Related Services
2.4 ARGeo application
2.5 Geolocation
2.6 augmented reality
2.7 Elements of augmented Reality
2.8 Offers
2.9 Selection of Offers
2.10 Coupons
2.11 Sellers
2.12 affiliated business
2.13 Third parties
2.14 Disclaimer
3. Acceptance of the Terms of Use
4. Content of the Website and Services
5. Unauthorized use
6. Intellectual property rights on the website
7. Content and services provided by Third Parties
8. Third Partis' intellectual property rights
9. Disclaimer
10. Indemnification
11. Limitations of Liability
12. Discontinuance of Services
13. Communications
14. Applicable law and jurisdiction
15. Changes to the Terms of Use
16. Language
17. Contacts

1. Introduction
These Terms of Use ("Terms of Use") constitute a binding agreement between the User ("User") and Fimesp S.r.l. ("Fimesp", "we", "our") in relation to the browsing on the website and the use of the services provided through it. If the User browses and uses the website as well as the services provided through it on behalf of another person or entity, the User declares and warrants to be authorized to do so in the name and on behalf of that person or entity. The User should read these Terms of Use carefully before browsing and using the website and its services ("Related Services" or "Services").

2. Definitions
2.1 Terms of Use: These conditions governing the browsing and use of the website and the services, constitute a legally binding agreement between the User and Fimesp. 2.2 User: The natural person who browses the website and uses the website and related services in the name and on behalf of himself or herself or of another natural or legal person. 2.3 Services or Related Services: Services provided to the User through the website as specified in clause 4 of these Terms of Use. 2.4 ARGeo application: application downloadable and usable through a mobile device, whose purpose and functionality are described on the website by referring to the relevant Conditions of Use
2.5 Geo-localisation: the process or technique of identifying the geographical position of a person or device by means of information collected over the Internet, which is a feature of the ARGeo application as indicated on the website 2.6 Augmented reality: enrichment of perceptions of the surrounding reality through digital processing. 2.7 Elements of Augmented reality: virtual objects placed through Augmented reality tools in the map embedded in the ARGeo application and corresponding to the products offered. 2.8 Offers: publication on the ARGeo application of discounts and/or promotions of products that can be purchased or picked up by providing a coupon to the sellers at the relevant business affiliated with the ARGeo application. 2.9 Selection of Offers: selection of Elements of Augmented reality using augmented reality tools. 2.10 Coupons: tokens to redeem the price of products being Offered. 2.11 Sellers: owners or representatives of the affiliated business, even if they are registered as Users. 2.12 Affiliated business: business where Coupons can be redeemed for Offers published in the ARGeo application. 2.13 Third parties: natural and/or legal persons who are not Users. 2.14 Disclaimer: Exclusion of warranties and representations in relation to the content, operation of the ARGeo application and related Services as set out in clause 9.

3. Acceptance of the Terms of Use
The User acknowledges and accepts that if he/she accesses, browses and uses the website, its functions and related Services, he/she will be bound by these Conditions of Use. The use of the website and Services are not intended for minors under the age of 14 years and the use of the ARGeo application is not authorized to such minors. By browsing through and using the website, the User declares under his or her own sole responsibility that he or she possesses the age requirements necessary for this purpose. If the User requests information through the contact form in the section "Contact Us" of the Website, in the name and on behalf of another person or entity, the User represents and warrants to be authorized to act in the name and on behalf of that person binding he or she, until proven otherwise, to these Terms of Use. In the event of inconsistencies and incompatibilities between these Terms of Use of the Website and the Terms and Conditions applicable to the ARGeo application, the latter shall prevail over the former with respect to the use by Users of the ARGeo application.

4. Content of the ARGeo application and Services
Fimesp provides the website in order to describe and illustrate to the User the functionality of the ARGeo application that is an application that allows the User to discover or search for geo-localized products on the map integrated in it, displaying them through augmented Reality technology so that, once reached, these Elements of augmented Reality can be captured by the User's camera and will be saved in the respective profile of the ARGeo application. Each Element of augmented Reality corresponds to the product chosen by the User and is the subject of an Offer that the User must capture using the ARGeo application. The Element of augmented Reality is also combined with redemption codes, the Coupons, which can be used to purchase or pick up the product of interest at the Seller's affiliated business, following the selection of the Offer published on the ARGeo application by virtue of the agreement between Fimesp and the Sellers. Moreover, the Coupons can be assigned as gifts to the contacts who are part of the network of "friends" of the User who can then create its own community within the ARGeo application. In addition, through the Website Fimesp allows the User to download the ARGeo application through the channels App Store and Google Play and the use of the Services related to the website Through the Website it is also possible to request for information in the contact form in the "Contact Us" section as well as to interact with the profiles of social networks associated with the Website and the application ARGeo (e.g. Facebook, Instagram, LinkedIn).

5. Unauthorised use
The User undertakes to use the Website and related Services in accordance with these Terms of Use. Users, in particular, may not: • Reverse engineer, decompile, disassemble, translate, copy, store, modify or create derivative works based on the Website or on any portion of it and/or any of its contents, including the computer program on which it is built, and/or any part thereof, and the preparatory material for the design, except as permitted under these Terms of Use and within the limits of the provisions of Articles 64-ter and 64-quater of Law 22 April 1941 No. 633, on author's rights; • Bypass the computer security systems used by the Website or its licensees to protect the content accessible through it, including through attempts to access, without authorization, parts or functions of the website, as well as systems or networks connected to it or any Fimesp server, through hacking techniques, password interception or any other illegal means; • Use any robot, spider, search and/or website retrieval application, or any other device, process or automatic means to access, retrieve, monitor, scrap or index any portion of the Website and/or its contents; • Sell, rent, license or sublicense or otherwise transfer the Website or any of its contents, including but not limited to mirroring, framing or linking to other computers, servers or websites; • Engage in unlawful conduct and/or conduct contrary to the Terms of Use of the ARGeo application [insert the link to the Terms of Conditions of the ARGeo application], as described on the Website; Use the Website in any other improper manner such as to violate these Terms of Use.
Users are not authorised to reproduce, duplicate, copy, distribute, communicate, make available to the public, sell, resell or exploit the website and/or any portion of the same and related Services without prior written permission from Fimesp, guaranteed directly or through a specific resale programme. In the event of the perpetration of even just one of the conduct highlighted, Fimesp reserves the right to block access to the website to the User, without prejudice to the right to take action before the most appropriate authorities, including judicial ones, for the protection of their interests and compensation for the damage suffered.

6. Intellectual and Industrial property rights in the Website
The contents available on the Website, the computer program that constitutes and supports the Website as well as the preparatory materials for the design of the computer program itself are protected by laws on author's rights and other international laws and treaties aimed at protecting intellectual property rights, including database rights, and, unless otherwise specified, their use is permitted to Users exclusively within the limits specified in this clause. Fimesp grants the User, for the duration of these Terms and Conditions, a personal, non-transferable and non-exclusive license, only for personal and never commercial purposes and limited to the device used by the User for the use of the Website and its contents. Where expressly indicated on the Website, the User, for mere personal use, may be authorized to download and/or copy and/or share certain content made available on the same (e.g. Facebook, Instagram, LinkedIn widgets), provided that it faithfully reports all copyright and other indications as required by Fimesp. Any use of the Website and/or its contents other than as provided under these Terms and Conditions is strictly prohibited. The violation of the provisions of this paragraph will authorize Fimesp to immediately terminate your access to the application. All the figurative or word trademarks and distinctive signs, including logos and designs included on and/or corresponding to the Website and related Services, including when they can be viewed within the same ("Trademarks and Distinctive Signs"), are protected by the industrial and intellectual property laws in force and the related international treaties and remain the exclusive property of Fimesp or its licensees. It is expressly forbidden to the User to use any Trademarks and Distinctive Signs without the prior written authorization of Fimesp.

7. Third Parties' contents and services
Fimesp does not carry out any control, check and/or preventive moderation on the contents or links provided by Third Parties on the Website Fimesp is not responsible for such content, its accessibility, any defects and/or flaws. The User can use the services and/or content included on the Website provided by Third Parties, having read the Terms of Use of these Third Parties and having accepted them. Under no circumstances will Fimesp be held responsible for the correct functioning or availability, or both, of the contents and services provided by Third Parties or for their respective defects and/or flaws. Fimesp disclaims any liability towards the User with respect to any loss or damage he/she may incur (including for example any loss or damage to the IT devices, hardware and/or software included) arising from or connected with the access, use, reliance on any third-party content and websites on the part of the User or that is caused by or connected to any purchase of products or services made available on such third-party websites.

8. Third Parties' Intellectual and Industrial property rights
Third Parties' content and, by way of example only, the trademarks and all other distinctive signs, whether denominative or figurative, including logos, designs, illustrations and images related to Third Parties and the contents published by Third Parties on the Website are the exclusive property of Third Parties, their licensees, they may be protected by Industrial and Intellectual property rights and their provision and use are governed by the terms and conditions of such Third Parties. Fimesp does not hold any such content and Industrial and Intellectual property rights and may use it only within the limits and in accordance with the contracts concluded with these Third Parties and for the purposes outlined therein.

9. Disclaimer
The Website and the related Services are provided "AS-IS", "As available" and without any kind of explicit or implicit representations or warranties including but not limited to representations or warranties of non-infringement, security, accuracy, merchantability and fitness for the purpose for which the Website and the Services are provided. The use of the Website and the functionalities accessible through it, including the ARGeo application described therein, is carried out by the Users at their own risk and under their own responsibility. Fimesp does not warrant that (i) the Website, the related Services and the ARGeo application are secure and available at any time and location, (ii) any defects or errors on the Website will be correct, (iii) the software that constitutes the Website is free of viruses or other harmful content, (iv) the use of the Website and the related Services will meet the User's requests without prejudice to Fimesp's best efforts to comply with industry standards, including security standards (v) the use of the ARGeo application as described on the Website is exactly corresponding to the aforementioned description.

10. Idemnification
The User shall hold harmless and indemnify Fimesp, its affiliates, controlled or parent companies and each of their representatives, directors, agents, licensees, partners e employees, from all actions, claims, obligations, liabilities, losses, damages, costs, including legal costs, expenses, that arise from or in connection with damages inferred to other Users, Sellers or Third Parties, in relation to: • The User's breach of these Terms of Use; e / o • The User's infringement of legal provisions and Intellectual Property rights or other third party-rights in relation to the Website; and/or • The unlawful or incorrect access to or use or the misuse of the application ARGeo and the related Services on the part of the User.

11. Limitation of liability
Fimesp, to the maximum extent permitted by the applicable law, may not be liable for damages of a contractual and extra-contractual nature towards the User and Third Parties except for fraud or gross negligence when these constitute an immediate and direct consequence of the its activity through the Website and the ARGeo application . Therefore, Fimesp, will not be liable for: • Any loss that is not a direct result of the breach of the Terms of Use on the part of Fimesp; • Any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenue, gains, profits or alleged savings, loss of contracts or business relationships, loss of reputation or goodwill value etc.); • damages or losses deriving from discontinuances or malfunctions of the ARGeo application due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of the will and unrelated to the sphere of control of Fimesp such as, by way of example without limitation to, breakdowns or interruptions of telephone or electric network, the Internet and/or other means of communication, unavailability of websites, strikes, natural events, viruses and computer attacks, discontinuances in the supply of third-party products, services or applications; • The incorrect, unlawful or unsuitable use of the ARGeo application on the part of the User or Third Parties; • The quality and suitability for the respective purposes of the products purchased or received in promotion by the User upon redemption of the Coupons at the affiliated businesses with the ARGeo application; • The User's infringement of Third Parties' and Sellers' rights, including Industrial and Intellectual property rights. To the extent permitted by applicable law, Fimesp will not be liable for any material damage, personal injury or death that may occur while using the ARGeo application as described on the Website, including any legal actions in connection with breach of law, legal provisions or regulation or in the event of alleged negligence or other non-contractual liability on the part of the User.

12. Discontinuation of Services
In order to ensure the best possible use of the Website and the Services to the User, Fimesp reserves the right to discontinue the access to the Website and the Services due to maintenance or update of the system, advising the Users through continous Website

13. Communications
All communications relating to the use of the Website and the related Services must be sent using the contact information indicated in clause 17 or by means of the contact form which can be found in the Website's section "Contact Us".

14. Applicable law and jurisdiction
The execution and interpretation of these Terms of Use are governed by Italian law. Any dispute arising in connection with the execution, interpretation and validity of these Terms of Use as well as in relation to the Services provided through the Website will be subject to the jurisdiction of the Court of Milan, except for the exclusive jurisdiction of the courts under consumer law, where applicable.

15. Changes to the Terms of Use
Fimesp reserves the right, in its sole discretion, to modify or replace all or part of these Terms of Use. Fimesp will inform the User of any of the aforementioned changes by posting a banner notification on the Website If as a result of the aforementioned notifications the User continues to use the Website and the related Services, such use will amount to the acceptance of the notified changes. Fimesp also reserves the right to change, suspend, or discontinue, limit or restrict the provision of the Services, the content and functionality of the Website, at any time, even without notice, if it deems that a breach of the Terms of Use occurred or for security reasons.

16. Language
The Italian version of these Terms of Use govern the contractual relationship between the User and Fimesp in relation to the browsing and use of the Website and all the Services provided through it. If the User receives and accepts the English version of the Terms of Use, the User acknowledges and agrees that, in case of inconsistencies or incompatibility between the Italian and the English versions of the Terms of Use, the Italian version shall prevail over the English version.

17. Contacts
Fimesp S.r.l. is a company incorporated under the laws of Italy, registered with the Chamber of Commerce of Milan, C.F./P.IVA: 10040930967, having its legal seat in Viale Monte Nero 82, 20135 Milan (Italia) and it can be contacted at the email address Fimesp Data Protecion Officer (“DPO”) can be contacted at the following address: avv Francesco Angelo Lorusso, Viale Monte Nero 82, 20135 – Milano, Italia, email: