BOOKINGFOR Services TERMS OF USE

 

Published: 4th June 2015

Effective from: 1st August 2015

These terms of Use were last updated: April 17th 2019 

 

TERMS OF USE

 

Ipertrade reserves the right to change these terms without prior notice. Continued use of the platform implies acceptance of these terms, which can be viewed at www.bookingfor.com/en/terms-use. Violation of any of the terms therein may result in closure of the account and cancellation of the USER’s data.

 

By maintaining a BookingFor account, the user accepts to be legally bound by all of the terms, conditions and guidelines described or referred to in this document.

You will not, and will not permit anyone else to, without Ipertrade’s prior written permission:

  1. use the Platform for purposes other than the Platform Services;
  2. “frame”, “mirror” or otherwise incorporate any part of Platform on any website, except as necessary to inline frame on your own website Customer-facing booking webpages provided to you by Ipertrade;
  3. access, monitor modify, copy or distribute any part of the Platform using any automated means or any manual process;
  4. violate the restrictions in any robot exclusion files on the Platform or circumvent other measures employed to prevent or limit access to the Platform;
  5. remove any watermarks, labels (like "Powered by BookingFor®") or other legal or proprietary notices included in the Platform;
  6. attempt to modify the Platform, including disguising or changing any indications of the ownership or source of the Platform;
  7. license, sublicense, resell, assign, distribute, or otherwise commercially exploit or make the Platform available to any third party, other than as expressly permitted by these Terms;
  8. use the Platform in any 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. attempt or assist others to circumvent, disable or defeat 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 a manner that violates third party intellectual property rights;
  13. upload to or transmit through the Platform anything that is offensive, hateful, obscene, defamatory or violates any laws; or
  14. use the Platform to send unsolicited electronic messages (and nothing in these Terms will be construed as Ipertrade permitting or causing you to send electronic messages using the Platform).

Ipertrade may deny to anyone use of the Platform at any time and for any reason. You will cease and desist from using the Platform immediately upon request by Ipertrade.

 

Methods of access

 

A. The service is regulated by the following terms and conditions of use, which include this document and all associated documents referred to via external links contained herein.

 

B. Any part of these terms and conditions may be changed at the discretion of the PROVIDER and subsequent use of the service will constitute the USER’s acceptance of the changes.

 

C. Use of the service supplied is subject to each individual authorised USER reading these “Terms of Use of the Service” in full and remotely giving their express acceptance of the same by Internet ("online" acceptance). In the event of use on behalf of an employer, the USER must have received prior authorisation to use the service from the same.

 

D. The USER accepts all liability derived from use of the services made available by the PROVIDER. Access to the service is provided by means of alphanumeric codes defined as "username" and "password". The USER undertakes to store the alphanumeric codes needed to use the service (defined as "username" and "password") with the utmost confidentiality and is also responsible for safeguarding the same: the USER therefore accepts sole liability for any damage caused by use of the login or password by third parties. The USER therefore undertakes to notify the PROVIDER immediately in the event of theft, loss or appropriation by third parties, by whatever means, of the 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 selecting the PASSWORD option from the “Profile – Password” menu. The USER is expected to provide up-to-date, complete and accurate information and references (in particular, the email address), both during the registration stage and through the "Account", "Contacts" and "Profile" section of the Service. The USER must not attempt to bypass or tamper with access to the console or the authentication process. The USER is explicitly prohibited from accessing the service by means of programs or methods other than those officially released and managed by the PROVIDER. Any attempt to violate the security of the Service and implement any kind of hacking or reverse engineering will constitute illicit behaviour. The USER must notify the PROVIDER immediately in the event of unauthorised use of access to the Service and its functions or any violation of security. The PROVIDER will not be held liable for any damages or disruptions deriving from unauthorised access using the alphanumeric codes assigned to the USER.

 

II Documentation and contents of messages

 

Documentation in photographic, graphic or text form for the creation of subscriptions, merchants, resources and messages is the exclusive responsibility of the USER. The PROVIDER is not responsible for the content of information freely published by the USER in the subscriptions, merchants, resources and messages sent and will not be held liable in any circumstances for damages caused directly or indirectly by use of the services supplied.

 

III Console Space

 

Use of the Console Space by the CUSTOMER is strictly limited to purposes connected with management of the subscriptions through the BookingFor® platform, use of the same for management of the merchants, resources and relative bookings and sending messages in other formats (text and social media) pursuant to this Contract, therefore the Console Space is to be used exclusively for uploading files in relation to said functions. The CUSTOMER expressly accepts this principle and therefore undertakes to desist from using it for other purposes or in any other manner. The images and/or data and/or documents uploaded can only be recalled using BookingFor add-ons (www.bookingfor.com/add-ons), from messages sent or from the web version of said messages. The space available is free to use and unlimited. Single files (images, documents, etc.) that exceed 5 MB (five megabytes) in size may not be uploaded, whether they are directly linked to or recalled from the BookingFor add-ons (www.bookingfor.com/add-ons) or from links included in messages sent using the BookingFor® Platform. The PROVIDER reserves the right to check, at any time and without prior notice, that files saved in the Console space comply with that defined in this article. In the event said files are found to be unconnected with the management of subscriptions through the BookingFor® Platform or use of the same for the management of merchants and the relative bookings, with messages sent via the BookingFor® Platform, or if said messages exceed the maximum size permitted or they fall within one of the following cases: (a) material that is obscene or promotes paedophilia; (b) material that is offensive or of immoral purpose; (c) material having purposes against the interest of public order; (d) material that is harmful to the rights of third parties; (e) material protected by copyright (e.g. books and/or publications or parts of the same or such like); (f) material held illegally (e.g. pirate software, unauthorised copies, etc.); (g) information or databases in contrast to current legislation in the country of receipt and/or origin of the messages or in any case in contrast to Italian legislation; (h) material that incites violence or hatred; (i) material that sells or promotes goods or services that are illegal in the country of receipt and/or origin of the messages or in any case in contrast to Italian legislation; (j) material that introduces viruses, Trojans or other software that is deemed damaging, illegal or dubious at the discretion of the PROVIDER, the same may delete the files and data without prior notice to the CUSTOMER. Traffic generated by a file uploaded to the Console and directly attached to or that can be recalled from the BookingFor add-ons (www.bookingfor.com/add-ons) or from links included in a message, may not, under any circumstances, exceed the following limit: number of message recipients multiplied by the size of the file multiplied by ten (for example, message sent to 1,000 recipients containing a link to a file of 0.5 MB; the connected file may generate traffic up to a maximum of 0.5 * 1,000 * 10, that is to say 5,000 MB). In excess of said limit, Ipertrade, at its sole discretion, may slow down or limit access to the file, or delete the file from the Console, without prior notice to the CUSTOMER.

 

IV Platform updates

 

The USER accepts that the characteristics of service software updates are the responsibility of the PROVIDER and the latter is free to decide the methods, frequency and times of execution of the same.

 

V Spam and limitations

 

The USER is expressly forbidden from using the services of the PROVIDER for illicit purposes, for sending unsolicited advertisements (otherwise known as sending "spam" or "spamming") to recipients who have no connection with the sender, or in any case, who have not expressly consented to receiving messages sent using the Service and other recipients to whom any contact for commercial purposes does not comply with SPAM prevention criteria and could potentially damage the PROVIDER’s commercial image, even taking into account best practices recognised by operators within the industry. Said consent must comply with the requirements set forth by the legislation in force and must therefore be prior, express, free, informed and refer to specific services. Messages that are deemed to be spam and therefore not permitted can therefore be defined, by way of example but not limited to, as those sent to email addresses purchased from suppliers of directories, email addresses published on the Internet or in any case obtainable from public lists, or email addresses created using automated algorithms starting with a list of the most common names, surnames and domains. In addition, the CUSTOMER expressly declares that they agree to use the platform in compliance with the legislation in force, with particular reference to the Measure related to the Guidelines for promotional activity and the prevention of spam – 4th July 2013 (Published in the Gazzetta Ufficiale No. 174 dated 26th July 2013 – Register of measures No. 330 dated 4th July 2013) and the Measure related to Consent to personal data processing for the purpose of "direct marketing" using traditional and automated methods of contact – 15th May 2013 (Published in the Gazzetta Ufficiale No. 174 dated 26th July 2013 – Register of measures No. 242 dated 15th May 2013), both issued by the Personal Data Protection Authority. The CUSTOMER also declares that they are aware that consent must be up-to-date and may have a validity of no more than 24 (twenty four) months, taking into account the last time the party concerned expressed their will, in compliance with that set forth by the Personal Data Protection Authority for consents related to data gathered in connection with loyalty programs (so called Loyalty Cards – measure dated 24th February 2005 - Loyalty Cards and guarantees for consumers. Authority rules applicable to loyalty programs). The PROVIDER, at any time, even in advance and with effect from the free trial period (Trial), may exercise the right to suspend any messages sent via the platform and ask the CUSTOMER to provide documentation proving the existence and conformity of the recipients’ consent to the receipt of messages sent via the platform, given in compliance with the terms described above,. The CUSTOMER will have 10 (ten) calendar days to provide the information requested, with effect from the date of receipt of the notice sent by the abuse prevention service. In the event that the CUSTOMER refuses to supply the documentation requested, or the same does not comply with the requirements or is incomplete, the PROVIDER will have the right to permanently block the function of sending without any obligation to refund the fee for the service not enjoyed. In the event that the CUSTOMER is responsible for use of the provider’s telematic services for illicit purposes and/or for sending unsolicited or unauthorised advertising material ("spamming"), as described above, causing disruption to the provider such as the registration of one or more sending or second-level domain IP addresses connected with the console in use in a Relay Block List or international 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, WPBL), or a blacklisting or relay block listing with an ISP (i.e. Godaddy, Register, Aruba, Fastweb, Alice ...), or with portals that provide free email addresses (Hotmail, Gmail, Yahoo! Mail…) the CUSTOMER will be held solely and exclusively responsible for the violations committed, releasing the PROVIDER from all liability in connection with the same; the latter reserves the right to take action through the appropriate channels for compensation for any damages, suffered by themselves or third parties, caused by said behaviour. It is also prohibited to publish and send material and/or attachments via the platform that fall within the cases described above in Point III Console Space from letters (a) to (j). Material deemed to correspond to said characteristics or deemed of a dubious nature, at the sole discretion of the PROVIDER, will result in immediate suspension of the message sending service and, if appropriate, subsequent permanent blocking of the function without the need for prior notice and without any refund for unused periods in the event that the CUSTOMER does not comply with the terms set forth above. Said material will not in any case be transferred to third parties or used for other purposes. Each email sent must include a clearly visible "about us" section in the body of the text or in the form of a direct link. Said section must include the following information:

 

  • details (name and surname) and address of the sender if it is a physical person; in the case of a company, body or association, in addition to the name (e.g. company name) and legally registered address, other details must be included, namely the legal status, indication of the inland revenue register, register of companies or other professional association/trade register of equal category with the relative registration/membership number;
  • contact details, including at least a valid phone number or a contact form in electronic format, as well as an email address;
  • if available, a number identifying the party for the purposes of Value Added Tax, such as a VAT number or other equivalent tax code.

 

 



 

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