Terms and Conditions of Service
Before accessing/using and/or performing any action concerning one or more services/processes inherent to Giornaliera di Giornaliera S.R.L please read carefully all the terms and conditions of service, whether they are inherent to the WEB part or to the Mobile Applications of reference and/or to any other service that can be connected to Giornaliera S.R.L.
Access to and use of the service in any form presuppose the user’s acceptance of all the terms and conditions that follow and any modifications thereof, where necessary.
The user is also obliged to check periodically for updates to the terms, conditions and warnings without exception.
Users who do not agree with these conditions are requested not to proceed with registration and/or use of the services in any form.
Any changes to the conditions will always be available at www.giornaliera.com/termini-e-condizioni.
This user licence agreement must be read in full before using the service or the products of Giornaliera S.R.L.
These general terms and conditions, referred to as the “General Terms and Conditions”, govern the contractual relationship between the owner of the service provided by the “Giornaliera” application and the User, in accordance with Italian law. The parties to the said relationship accept the provisions contained herein. Designations The following designations are adopted throughout these “General Conditions”:
The owner of the service provided by the “Giornaliera” application. , Giornaliera s.r.l. The owner of the service provided by the “Giornaliera” application, Giornaliera s.r.l., with registered office in via Roma 235, Cagliari (CA), tax code 03747330920 and regularly registered with the Chamber of Commerce, Industry, Handicraft and Agriculture of CAGLIARI, VAT number 03747330920 is called “Supplier” or “Giornaliera s.r.l.”. – Natural or legal persons, public bodies, private bodies and recognized and unrecognized associations, and any subject in law who uses the service provided to him by “Giornaliera s.r.l.” through the software “Giornaliera” is referred to as “User” or “Customer” -The mobile applications of any kind (IOS-Android-Windows App) of Giornaliera through which the user uses the services provided by Giornaliera s.r.l. is referred to as “MOBILE APP”. -The website and web application dedicated to the service of Giornaliera Dipendenti, present on the internet at app.giornaliera.com is called “WEBAPP” -Software means all the components contained herein in an illustrative and non-exhaustive manner (MOBILE APP-WEBAPP- WEB SITE) owned by Giornaliera S.R.L.
The parties to this contract, “Giornaliera s.r.l.” and the “User”, hereby agree as follows:
The Customer is entitled to use the “Giornaliera” Software and any additional functionality, through authenticated access to the cloud infrastructure provided by the Supplier, which the Customer may access through the Web APP, mobile applications and/or from any access provided exclusively by the supplier
The Customer has the right of use against a subscription to “Daily”. The Customer has the right to use, against a subscription to “Newspaper”, exclusively according to what is established and indicated by the “Supplier” in these “General Terms and Conditions”, in the subscription offers and according to the terms and conditions of the subscription. , in the subscription offers and according to the payment methods present in the dedicated pages within the WEBAPP app.giornaliera.com . This is valid and effective even if the customer makes use of the trial periods or “free of charge” offered by the provider.
The customer is entitled to free use of the “giornaliera” software for a maximum trial period of 15 days from the time of registration. The Customer also has the option of creating a maximum of 5 workspaces during the trial period.
The Supplier reserves the right to change the offers and paid services provided to the Customer at the end of each subscription taken out by the Customer.
The Supplier reserves the right to suspend all services immediately and without notice, in the event of non-payment or delayed payment, until such time as the Customer pays the amount due.
The Contract between the Supplier and the User is concluded when Giornaliera s.r.l. sends confirmation of registration to the service, communicated by e-mail to the e-mail address indicated by the Customer during the registration process. Registration allows the activation of one of the subscriptions offered by Giornaliera s.r.l. and chosen by the Customer.
The Customer authorises the Supplier to provide, in whole or in part, the Application and any additional functionality, by a Cloud Service Provider or by another party identified by the Supplier. 5) These “General Conditions” are understood to be valid and effective between the parties for the duration of the subscription subscribed to through the link www.giornaliera.com/prezzi unless one of the clauses provided for in the contract regarding withdrawal occurs.
Registration and activation of the subscription
Registration with the Supplier’s services by the Customer shall take place exclusively by entering the access keys, consisting of a username and password, and in accordance with the procedures indicated on the website www.giornaliera.com . In order to register, the User must enter the identification data indicated on the website. The Customer guarantees the accuracy and truthfulness of the data, and undertakes to communicate any updates, changes and errors that the User may discover. The Supplier reserves the right to suspend access to the Application and terminate this contract if the Customer has communicated data that is not current, incomplete or false, pursuant to Article 1456 of the Civil Code, withholding the sums already paid. The Supplier undertakes, in any case, to provide access to the Application and to terminate this contract, if the Customer has communicated data that are not current, incomplete or false, in accordance with Article 1456 of the Civil Code, withholding the sums already paid by the Customer and reserving the right to claim compensation for greater damages. The Supplier undertakes in any case to maintain the obligation of confidentiality on all data communicated by the Customer, as regulated by these General Conditions. By registering for the service, the Customer has the possibility to activate, from time to time, one of the different types of subscriptions to Giornaliera according to the offers present on the dedicated page of the site https://www.giornaliera.com/prezzi Payments The Customer acknowledges and accepts that payments will be made exclusively through the methods offered by Giornaliera S.R.L.
The client acknowledges that it will not be possible to accept any form of payment other than those offered and available on www.giornalieradipendenti.it. The client acknowledges that the payment service is offered by an external Gateway service and exonerates Giornaliera S.R.L. from any responsibility for both the errors present and the protection of data entered for which third party service providers are responsible. In case of non-payment/late payment for any reason.
The Supplier reserves the right to suspend any service due under this Contract immediately and without further notice. The Provider reserves the right to reactivate the service at the time of payment without in any way guaranteeing the protection of the user’s data, which may be lost in the event of suspension of the service.
The conditions of the offer may be modified by the Supplier at the end of each subscription made by the Customer. Activation of any of the subscriptions offered requires further acceptance of these General Terms and Conditions by the User.
The duration of each subscription runs from the date of activation until the expiry of the subscription, in accordance with the terms and conditions established and indicated in the offer chosen by the Customer and present on the dedicated page of the Site https://www.giornaliera.com/prezzi .
Use of the Application and Liability
The Customer agrees with the Supplier that any activity carried out using the application through the Customer’s Access Keys assigned to the Customer is considered, as of the conclusion of the contract, to be carried out by the Customer to whom the relevant Access Keys are assigned and that the Customer shall therefore be held solely responsible for this activity. The Customer agrees with the Supplier that any use by third parties, for any reason whatsoever, whether lawful or unlawful, of the Customer’s Access Keys allocated to the Customer shall be considered, as from the conclusion of the contract, as having been used by the Customer. Upon conclusion of the contract, the Customer expressly exonerates the Supplier from any liability for direct or indirect damage of any nature whatsoever, caused to the User or to third parties, arising from the use or non-use of the application by the Customer or by third parties, or arising from the knowledge and use, by third parties or the User, of the Customer’s Access Keys allocated to the same. The Customer is strictly prohibited from transferring the Access Keys to third parties for any reason whatsoever.
Exemption from Supplier’s Responsibilities
The parties to the contract agree that the Supplier does not guarantee control of the content of information sent through the network, and that the only person responsible for the content entered, present, transited, stored on the servers hosting Giornaliera is the User, who undertakes to use Giornaliera in accordance with the law, the rules of diligence, morality and public order, excluding in any case the violation of any third party rights. Giornaliera S.R.L. is not obliged to verify the contents inserted in the platform (Web App – Mobile App and/or any other integrated system). Giornaliera S.R.L is not obliged to verify data except as required by law, when necessary, at the request of the Judicial Authority or other competent authority or at the specific request of the Customer for reasons of technical support required by the Customer himself. Given the nature of technical support Giornaliera S.R.L is in no way responsible for the nature and characteristics of the User’s Data nor for any errors/omissions. The supplier is in no way liable for any direct/indirect damage caused to the customer and/or third parties by the use of User Data.
Responsibility for Data of any nature whatsoever and the transmission and/or receipt of information of an illicit nature shall in no way be attributable to the supplier and shall remain with the user in full. Newspaper may be used by the user exclusively in the ways expressly indicated both in the information on www.giornalieradipendenti.it and/or linked sites and in this contract and in compliance with the Law.
Upon conclusion of the contract, the Customer expressly exonerates the Supplier from any liability for direct and indirect damages of any kind, caused to the User or third parties, in case of complaints to the authorities, legal action, governmental or administrative action, losses, damages, legal costs and fees, resulting from a contra legem use of Giornaliera .
In any case in which this contract between the Customer and the Supplier terminates, the Customer expressly exonerates the Supplier from any liability for the loss or damage, in whole or in part, of the information contained, entered and processed by the Customer. The Supplier has the right to suspend and interrupt the services provided by the Application and any additional functionality, for reasons of security and confidentiality.
The same right is granted to the Supplier if the Customer uses the Application in an incorrect or unlawful manner. The Customer acknowledges that despite all due diligence Giornaliera S.R.L. cannot guarantee that the Service will never be interrupted, timely or error-free, nor that defects may be corrected or that the services available therein will be free from viruses and bugs. The Customer agrees with the Supplier that the Supplier does not give any explicit or implicit guarantee that Giornaliera is free from any error. The Supplier is not liable for any damage to the Customer or third parties due to delays, malfunctions and interruptions of the Application.
The Customer agrees with the Supplier that the Supplier is not liable in the event of network failures and malfunctions, and that furthermore, the Supplier is not liable for compensation for loss of profit. The Supplier, also through the Cloud Service Provider, shall make every reasonable effort to ensure the maximum availability of the Application service.
As from the conclusion of the contract, the Customer expressly exonerates the Supplier from any liability for direct and indirect damage of any nature whatsoever, caused to the User or to third parties, deriving from non-performance that is beyond the control of the Supplier, due to force majeure or fortuitous events. The Supplier does not undertake to provide the necessary tools for accessing the Internet. . the Supplier does not guarantee that the Application will be perfectly suitable for particular purposes. In the event of failures or malfunctions, the Customer undertakes to provide any information that may be requested by the Supplier. In the event of cloud problems, the Supplier undertakes to promptly request the intervention of the Cloud Service Provider; the Customer expressly exonerates the Supplier for any inefficiency dependent on the Cloud Service Provider. The Supplier is entitled to suspend and interrupt the Application in order to guarantee the ordinary or extraordinary maintenance useful and necessary to the premises hosting the infrastructure and to the servers and equipment. The Supplier also has the right to suspend and interrupt the Application and any additional functionality in the event of problems with the Application that the Supplier considers useful or necessary to resolve for the proper functioning of the Application. The Customer undertakes to inform the Supplier as soon as possible of any irregularities or dysfunctions of the Application. The Customer expressly exonerates the Supplier from any damage caused by delay in communication by the Customer. All provisions of this article are valid and effective even after termination of the contract for any reason.
Intellectual property rights
Giornaliera’s software, Internet site, WEB APP, Mobile Applications and any other element linked to it are the exclusive property of Giornaliera S.R.L. The user is forbidden to : Duplicate, decode, decompile, disassemble the software. Users are forbidden to reproduce contents and any text or image published on the web by Giornaliera S.R.L. with prior written authorisation. Electronic documentation sent both in paper and electronic form and on-line relating to the services offered by the supplier are the exclusive property of Giornaliera S.R.L or its suppliers and cannot be reused by the customer and/or unauthorised third parties in any form or manner. The rights to all trademarks, logos and any other distinguishing marks of the products are owned by Giornaliera S.R.L. according to the provisions of the law in force on intellectual property.
The User’s use of Giornaliera is in compliance with the intellectual and industrial property rights of the Supplier and third parties. The parties agree that the Application, source codes and any adaptation, development and improvement made by the Supplier, as well as any right of economic use of the same, are the property of the Supplier. All materials that are the subject of intellectual and industrial property rights in favour of third parties and that are made available to the Customer through the Newspaper will be used by the Customer in compliance with the aforementioned rights. The Customer expressly exempts the Supplier from any liability in this respect. If the Customer does not respect the industrial or intellectual property rights of the Supplier or of third parties, the Supplier has the right to terminate the contract in accordance with Article 1456 of the Civil Code.
Ownership of all rights relating to trademarks, logos, names and other distinctive signs in any way associated with Giornaliera lies with the Supplier or the Cloud Service Provider. The User may not use them in any way without the prior written authorisation of the Supplier or Cloud Service Provider.
CONFIDENTIALITY OF INFORMATION
The parties agree that they shall not disclose or make available to third parties, in any way, confidential information acquired or handled in connection with the execution or application of these “General Conditions” without the express written consent of the Provider. Express reference and contrast in interpretation
For anything not expressly regulated by this contract, the Parties declare that they will apply Italian law exclusively. In the event of any conflict or doubt of interpretation of any kind or form between the Italian version of this contract and contracts written in other languages, the contract written in the Italian language shall prevail. Withdrawal The consumer, as defined in art. 3 of Legislative Decree 206/2005, Consumer Code, has the right to withdraw from the contract within ten days from the date of execution of this contract without any obligation or penalty, by communicating by certified e-mail (PEC) to email@example.com .
Giornaliera s.r.l. has the right to withdraw from this contract at any time, and without any obligation to give reasons.
The Supplier undertakes to give notice to the Customer at the email address with which the Customer registered, at least thirty days in advance, excluding cases of unforeseeable circumstances or force majeure. The expiry of the thirty days notice period, results in the termination of this contract and the right of Giornaliera s.r.l. to deactivate the application without further notice and without having to reimburse the Customer for any payment already made. The Customer expressly exonerates the Supplier from any other responsibility of Giornaliera s.r.l. for the exercise of the right of withdrawal and for the consequent deactivation of Giornaliera. Termination If the Customer is in breach of his obligations under these General Conditions, he acknowledges the right to terminate the contract by the Supplier in accordance with article 1456 of the Italian Civil Code. In this case, the Customer also acknowledges the right of Giornaliera s.r.l. to compensation for any damages suffered. The Customer is entitled to terminate the contract at any time, without penalty, renouncing, in this case, the claim for refunds and compensation, through the cancellation procedures provided in the application. The parties acknowledge that the Customer also has the right not to renew this contract upon its expiry. Place of jurisdiction Pursuant to Article 33, paragraph 2, letter. u) of Legislative Decree 206/2005, Consumer Code “clauses which have the object, or the effect, of establishing as the place of jurisdiction for disputes a place other than the place of residence or domicile of the consumer are presumed to be vexatious until proven otherwise”. Therefore, any dispute relating to these General Conditions, their interpretation or execution, which may arise between the Supplier and the Customer, if the latter qualifies as a Consumer under the Consumer Code, the place of jurisdiction is the place of residence or domicile of the Consumer. In all other cases, the exclusive jurisdiction relative to the present General Conditions, to their interpretation or execution, shall be established in the Court of Cagliari.
TREATMENT OF PERSONAL DATA
These General Conditions supersede and cancel any other, possible, and previous agreement between the User and the Supplier referable for any reason to the Customer himself. Non-compliance of the User’s behaviour with respect to the obligations assumed and failures to comply with these General Conditions are not considered derogations from the same or tacit acceptance of the same(s), even if the Supplier does not dispute them. Should the Supplier fail to exercise any right or part of these General Conditions, this shall not constitute a waiver of the said rights or clauses. Unless expressly stated otherwise in these General Conditions, any communication to the User may be made by the Supplier indiscriminately by hand, by certified or non-certified e-mail, by registered letter with acknowledgement of receipt, or by ordinary mail to the addresses indicated by the Customer at the registration stage or subsequently.
The same communications shall be considered known to the User.