TERMS OF USE for BOOKINGFOR Services

Published: June 4, 2015

Effective: August 1, 2015

These terms of use were last updated: April 17, 2019

TERMS OF USE

Ipertrade reserves the right to change these terms without notice. Continued use of the platform implies acceptance of these terms, available at www.bookingfor.com/termini-uso. The violation of any term may result in the closure of the account and the deletion of USER data.

By maintaining your BookingFor account you agree to be legally bound by all terms, conditions and guidelines detailed or referenced herein.

Without the prior written authorization of Ipertrade it will not be possible, and no one will be allowed to:

  1. use the platform for purposes other than the platform services;
  2. embed “frame”, “mirror” or in any other way any part of the platform on any website, except as necessary on its website for the inline frame of the customer-facing booking web pages provided by Ipertrade;
  3. access, monitor, modify, copy or distribute any part of the platform using any automated means or any manual process;
  4. violate restrictions in any robot exclusion file on the platform or circumvent other measures employed to prevent or restrict access to the platform
  5. remove any watermarks, labels (such as “Powered by BookingFor®”) or other legal or proprietary notices included in the platform;
  6. attempt to modify the platform, including masking or changing any indication of the platform’s ownership or source
  7. license, sub-license, resell, assign, distribute or otherwise commercially exploit or make available the Platform to any third party, unless expressly permitted by these Terms;
  8. use the Platform in a manner that interferes with the integrity or performance of the Platform;
  9. use the platform as part of any service for sharing, lending or on behalf of any other person or entity, except to the extent permitted herein;
  10. attempting or helping others to circumvent, disable or bypass any of the security features or components that protect the platform;
  11. create adaptations, translations or derivative works based on the platform or decompile, disassemble, reverse engineer or otherwise exploit any part of the platform;
  12. use the platform in such a way as to violate the intellectual property rights of third parties;
  13. upload or transmit through the Platform anything that is offensive, hateful, obscene, defamatory or that violates the law; or
  14. use the Platform to send unsolicited electronic messages (and nothing in these Terms will be construed as Ipertrade allowing or inducing you to send electronic messages using the Platform).

Ipertrade can deny anyone the use of the platform at any time and for any reason.

At the request of Ipertrade, the user must cease and desist from using the Platform immediately.

I How to access and use

A. The service is governed by the following terms and conditions of use which include this document and all documents as per external links present.

B. These terms and conditions may be modified at the discretion of the SUPPLIER in any part it deems appropriate and the subsequent use of the service determines the acceptance of the changes by the USER.

C. Each single authorized USER may use the service provided only after having previously read in all its parts and express remote acceptance via the internet (“online” acceptance) of these “Terms of Use of the service”. In the case of use for account of an employer the USER must have the prior authorization of the latter to use the service.

D. The USER uses the services made available by the SUPPLIER assuming all responsibility deriving from the use of the service itself. Access to the service is carried out using the alphanumeric codes called “username” and “password”. The USER undertakes to keep the alphanumeric codes (called “username” and “password”) necessary for the performance of the service with the utmost confidentiality and is therefore also responsible for their custody: the USER will therefore be solely responsible for any damage caused by the possible use of login and password by third parties. However, the USER undertakes to immediately notify the SUPPLIER of any theft, loss, loss or appropriation for any reason, by third parties, of login and password. The USER also undertakes, pursuant to the privacy code, to change the alphanumeric “password” code at least once every six months, by entering the service console and choosing the PASSWORD item in the “Profile – Password” menu. Both during the registration phase and through the “Account”, “Contacts” and “Profile” section within the Service, the USER is required to provide updated, complete and accurate information and references (in particular the email address) . The USER is required not to try to circumvent or tamper with access and authentication to the console. The USER is explicitly prohibited from accessing the service through programs or methods other than those officially released and managed by the SUPPLIER (ADD-ons BookingFor https://www.bookingfor.com/add-ons, https: // github. com / Bookingfor and BookingFor Connectivity Services https://easyconnect.bookingfor.com/ChannelManager/CreateAccount); the attempt to violate the security of the Service and to carry out hacking or reverse engineering interventions constitutes illegal behavior; in particular, the USER must in no way change the logic of the reservations to circumvent the commercial model adopted by the Booking and / or BookingFor Req. The USER is required to promptly notify the SUPPLIER in the event of unauthorized use of access to the Service and its functions, or of any security breach. The SUPPLIER is not responsible for any damage or disruption resulting from unauthorized use of access through the alphanumeric codes assigned to the USER.

II Documentation and message content
The photographic, graphic or textual documentation for the creation of subscriptions, merchants, resources and messages is the sole responsibility of the USER. The SUPPLIER is not responsible for the content of the information freely published by the USER in the subscriptions, merchants, resources and messages sent and also is not liable for any damage caused directly or indirectly through the use of the services provided.

III Space Console
The use of the Console space by the CUSTOMER is strictly limited to the sole purposes related to the management of subscriptions through the BookingFor® Platform and the use of the same for the management of merchants, resources and related reservations, sending communications in another form (SMS and Social) pursuant to this Agreement, therefore the Console space is available exclusively for uploading files related to this function. The CUSTOMER expressly accepts this principle and therefore undertakes not to use it for different purposes or methods. The images and / or data and / or documents uploaded will only be available from the bookingFor add-ons (https://www.bookingfor.com/add-ons), from messages sent or from the web version of those messages. The space available is free and unlimited. In any case, single files (images, documents, etc.) cannot be uploaded, whether they are attached directly or can be recalled from the bookingFor add-ons. (https://www.bookingfor.com/add-ons) or from links inserted in the communication sent through the BookingFor® Platform, larger than 5 MB (five megabytes). The SUPPLIER reserves the right to verify, at any time and even without notice, the compliance of the files saved in the Console space with the provisions of this article. If these files are not connected to the management of subscriptions through the BookingFor® Platform and to the use of the same for the management of merchants and related bookings, when sending communications through the BookingFor® Platform, they are larger than the limit maximum allowed or in any case fall into one of the following cases: (a) obscene material or material in favor of pedophilia; (b) material that is offensive or for purposes contrary to morality; (c) material with purposes contrary to public order; (d) material that damages the rights of third parties; (e) copyrighted material (eg books and / or publications or parts of them or whatever); (f) material held illegally (eg pirated software, unauthorized copies, etc.); (g) information or databases in contrast with the current legislation of the country of receipt and / or origin of the messages or in any case in contrast with Italian law; (h) material that incites violence or hatred; (i) material that sells and promotes services or goods that are illegal in the country of receipt and / or origin of the messages or in any case in contrast with Italian law; (j) materials that introduce viruses, trojans or other harmful and illegal software or considered “doubtful” at the sole discretion of the SUPPLIER, the same may proceed to delete the files and data without any obligation to notify the CUSTOMER. The traffic generated by a file uploaded to the Console and attached directly or recalled by the bookingFor add-ons (https://www.bookingfor.com/add-ons) or from links inserted within a message cannot in any case exceed the following limit: number of recipients of the message multiplied by the weight of the file multiplied by ten (example: message sent to 1,000 recipients containing a link to a 0.5MB, the linked file can generate a maximum traffic of 0.5 * 1,000 * 10, i.e. 5,000MB). Beyond this limit, Ipertrade, at its sole discretion, may slow down or limit access to the file, or delete the file from the Console without any obligation to notify the CUSTOMER.

IV Platform Updates
The USER accepts that the characteristics of the software updates of the service are the responsibility of the SUPPLIER who decides the methods, quantities and execution times.

V Spam and limitations
It is strictly forbidden for the USER to use the SUPPLIER’s services for illicit purposes, for sending unsolicited advertising (otherwise known as sending “spam” and “spamming”) to recipients who have no relationship with the sender or, in any case, who have not previously expressed their consent to the receipt of communications sent using the Service and other recipients to whom any contact actions for commercial purposes do not comply with the SPAM prevention criteria and are potentially damaging to their image commercial, also taking into account the best practices recognized by operators in the sector. This consent must meet the requirements of current legislation and therefore be preventive, express, free, informed and referred to specific treatments.It is therefore considered spam and therefore not allowed, for example and without limitations, to send to email addresses purchased from suppliers of Categorical Lists, to email addresses published on the internet or otherwise available from public lists, or to email addresses created with automatic algorithms. starting from the list of the most common names, surnames and domains. In addition, the CUSTOMER expressly declares that he undertakes to use the platform in compliance with current legislation with particular reference to the Provision relating to the Guidelines on promotional activities and spam prevention – 4 July 2013 (Published in the Official Gazette no. 174 of 26 July 2013 – Register of measures no. 330 of 4 July 2013) and the Provision relating to consent to the processing of personal data for “direct marketing” purposes through traditional and automated tools contact – 15 May 2013 (Published in the Official Gazette no. Register of measures n. 242 of 15 May 2013) both issued by the Guarantor for the protection of personal data. The CUSTOMER also declares to be aware that the consent will have to be updated and will have a maximum duration of 24 (twenty-four) months, taking into account the last manifestation of will declared by the interested party, in accordance with the provisions of the Data Protection Authority. personal data for consents referring to data collected in relation to adherence to loyalty programs (so-called Fidelity card – provision of 24 February 2005 – ‘Fidelity card’ and guarantees for consumers. The rules of the Guarantor for loyalty programs). SUPPLIER, at any time, even in advance and starting from the free trial period (Trial), will have the right to suspend the sending through the platform and request the CUSTOMER to provide the documentation proving the existence and suitability of the recipients’ consent, in the terms mentioned above, upon receipt of the communications sent through the platform. The CUSTOMER will have 10 (ten) calendar days, starting from the receipt of the communication sent by the abuse prevention service, to provide what is requested above. In the event that the CUSTOMER refuses to provide the requested documentation, or the same is not suitable or complete, the SUPPLIER will have the unquestionable right to permanently block the sending function without any obligation to reimburse the fee corresponding to the service not used. in the event that the CUSTOMER is responsible for the use of the supplier’s telematic services for illegal purposes and / or for sending unsolicited or unauthorized advertising (“spamming”) as detailed above, causing consequent disservices for the supplier such as registration of one or more sending IPs or of the second level domain linked to the console in use in an international Relay Block List or Blacklist (URIBL, SURBL, SORBS, SPAMCOP, SPAMHAUS, MAILPOLICE, CBL, SYMANTEC, HOSTKARMA, AHBL, SPAMCANNIBAL, DNSBL, FIVE-TEN.BG, INPS.DE, NIXSPAM, INTERSIL, x1GHBL, OUTBLAZE, LEADMON.NET, NJABL, NOMOREFUNN, PSBL SURRIEL, RRBL (RANGERS), TQMCUBE, TORDNSBL, UNSUBSCORE, VIRBL, uPBL), or n blacklisting or relay block listing at ISPs (i.e. Godaddy, Register, Aruba, Fastweb, Alice …), or to portals that provide free email boxes (Hotmail, Gmail, Yahoo! Mail …) the CUSTOMER will be considered sole and exclusive responsible for the violations implemented, indemnifying from any type of responsibility in this regard, the Supplier, which reserves the right to act in appropriate fora for compensation for damages, against itself or third parties, arising from such behavior.It is also forbidden to publish and send through the platform of material and / or attachments that fall within the cases listed above in point III Space Console from letter (a) to letter (j). The material with these characteristics or considered “doubtful” at the sole discretion of the SUPPLIER will determine the immediate suspension of the sending service and any subsequent definitive block without the need for any notice and without anything being due for any period not used in the event in which the CUSTOMER does not respect the aforementioned terms. In any case, this material will in no case be transferred to third parties or used for other purposes. In each email sent a section “information about the sender” (“about us”) must be clearly visible, in the text or in the form of a direct link . This section must contain the following information:

  • name (surname and first name) and residential address of the sender if a natural person, in the case of companies, organizations or associations in addition to the name (e.g. company name) and address of the registered office, also the legal form, the indication of the register registration, company register or other commercial / associative register of an equivalent category with the relative registration / registration number;
  • contact information, consisting of at least a valid telephone number or an electronic contact form, as well as an email address, and
  • if available, the identification number for value added tax purposes, VAT identification number for EU purposes / VAT identification number, or other equivalent identification number for tax purposes must be provided.

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