1.1. These general conditions of use (hereinafter “GENERAL CONDITIONS”) govern the obligations, rights, methods of access and conditions of use of the video call Service called “ShopCall” (hereinafter “SERVICE”) that Shopcall s.r.l. (hereinafter “Shopcall”) offers its users upon registration on the Website www.shopcall.io (hereinafter “Website”) and assigning of an account.
1.2. The Website consists of several web pages managed by Shopcall. All the content on the website or made available for viewing by the Website is the property of Shopcall and/or its suppliers.
1.3. The SERVICE is offered to the user on the condition that the user accepts these GENERAL CONDITIONS, without modification, and explicitly confirms such acceptance by clicking on the “ACCEPT” button during the activation of the service.
1.4. These General Terms and Conditions are published and rendered applicable on the website https://www.shopcall.io.
2. CHARACTERISTICS OF THE SERVICE
2.1. The SERVICE allows the user, registered as indicated in article […], to activate his or her own “digital contact point”. Users of the Service can configure their own digital contact point by obtaining a public link that they can share and send to their contacts. Once the link is activated, the Service manages the call request and the call itself, intended as an audio-video stream of data transmitted through the browser connected to the Internet.
2.2. Shopcall reserves the right, for the future, to modify the range of services offered through the Website, undertaking, to this end, to inform all users, using adequate information tools (such as, for example, e-mails or advertisements), of any new opportunities offered by Shopcall through the use of the SERVICE.
2.3. Shopcall does not control communications between users and is therefore in no way responsible for their content.
2.4. The content and materials shared in the video calls transmitted between users may be subject to limitations regarding their use, reproduction and/or diffusion. Compliance with these limitations, as well as with any other rule of law, is the sole responsibility of the user.
2.5. The methods for activating communication and video calling are subject to the capacity and availability of the server that Shopcall uses to provide the SERVICE. The user acknowledges that Shopcall is not responsible for any delays in the transmission of the audio-video stream of video calls.
3. MEANS OF ACCESS TO SERVICES AND OBLIGATIONS OF THE USER
3.1. This contract shall be concluded and shall be deemed to be finalised on the date of registration on the website.
3.2. After the conclusion of the contract, Shopcall will open an account directly referable to the user and will provide the user, by means of an e-mail message sent to the e-mail address indicated by the user during registration, with the credentials to access the aforementioned account.
3.3. The username and password are strictly personal and confidential; the user therefore undertakes to exercise maximum diligence in the safekeeping of the account username and password. Under no circumstances may the user communicate, transfer or in any way make available the username and password of his/her account to third parties. Shopcall declines all responsibility for the lack of diligence, prudence or inexperience on the part of the user in the safekeeping of the access credentials (username and password), or in the event of communication, transfer to third parties or even fraudulent removal of the same. Any disclosure by the user of the username and password of his/her account, or any use by third parties of the Service with the user’s credentials, will entitle Shopcall to legally terminate this contract and, consequently, to delete registration; in such cases, the user shall not be entitled to any kind of reimbursement, and shall be obliged to pay the costs and/or compensation due for any damage caused by unauthorised use of the user’s account.
3.4. The user undertakes to ensure his or her personal account is always up to date, complete and accurate; this obligation must be fulfilled by the user by connecting to the Website, accessing his/her personal area and entering any changes to his/her personal data subsequent to the registration phase (e.g. changes of address, credit card number or credit card expiry date). If Shopcall becomes aware that the user’s data have not been updated, Shopcall shall have the right to suspend the provision of the SERVICE immediately and without prior notice until the data have been updated; in this case, the user shall not be entitled to any kind of reimbursement, and shall remain obliged to pay any compensation and costs caused by unauthorised use.
3.5. The user, assuming all civil and criminal liability, guarantees that s/he is aged 18 or over, and that all the information transmitted (including, for example, the tax code) is true and accurate. The user undertakes to check the mailbox indicated during registration at least once a week, to ensure that there are no communications from Shopcall.
The user undertakes to pay the costs of the SERVICE at the dates determined according to the payment method chosen.
3.7. The user is solely responsible for all activities that are carried out in his/her account.
3.8. The user undertakes to notify Shopcall immediately of any unauthorised use of his or her account by a third party or of any event indicating such unauthorised use.
3.9. The user shall also be liable for any loss or damage of any kind suffered by Shopcall as a result of the use of the user’s account by another person.
3.10. If Shopcall verifies that the user’s data are incorrect or have not been updated, Shopcall shall have the right to suspend the provision of the SERVICE until the data have been updated. In such cases, the user shall not be entitled to any kind of reimbursement and shall remain obliged to pay the damages and costs caused by unauthorised use [as set out at point 3.3.]
3.11. In the event of temporary blockage of the website and/or the Service for updating and/or maintenance work carried out by Shopcall and/or its suppliers, Shopcall shall promptly inform the user of such work by sending an e-mail to the address indicated by the user or by displaying specific information notices on the website. If the blockage of the Service and/or the website lasts for more than 15 days, Shopcall may grant the user a corresponding number of free days of use of the Service.
4. SERVICE ACTIVATION AND PAYMENT METHODS
4.1. The SERVICE is offered to the user subject to registration on the website and on the condition that payment is made at the dates determined according to the payment method chosen and the subscription period (e.g. monthly, half-yearly or yearly), unless Shopcall has provided the Service free of charge for a specific period of time and subject to specific conditions (such as free trial periods).
4.2. The costs and related conditions and payment terms of the SERVICE are contained in the attached form “COSTS OF THE SERVICE”.
4.3. The costs of the SERVICE are net of VAT, unless otherwise specified.
5. MODIFICATION OF THE CONDITIONS OF USE
- (i) technical, management and economic requirements of a general nature that may emerge, such as, for example, technical modernisation of the network and of the production or marketing structures;
- (ii) changes to the regulatory framework affecting the economic balance and/or technical and management aspects of the Service and/or unforeseeable changes in the structural conditions of the market;
- (iii) changes to the methods and terms of activation and deactivation of the Service and updates made necessary in order to ensure the correct use of the same in the light of the evolution of traffic profiles contrary to the lawful and personal use of the Service as regulated in relation to abusive and/or fraudulent phenomena.
In all the above-mentioned cases, the Customer has the right to withdraw from the supply contract free of charge, by sending a PEC registered e-mail to the PEC address Shopcall@legalmail.it within 15 days of delivery of the communication.
5.2. These changes will be notified by Shopcall by a PEC registered e-mail sent to the PEC address provided at the time of registration and will become effective vis-à-vis the user 15 days after the sending of said notification, unless the user exercises his/her right to withdraw from the Service supply contract free of charge.
If, after 15 days, the Customer has not requested such withdrawal, the contract shall continue under the new conditions.
6. USE OF THE SERVICE
6.1. The Service is subject to conditions of lawful and correct use. This means that the user must use the Service correctly and for exclusively personal purposes, in good faith, in compliance with the methods and limitations established in the contract and refraining from obtaining advantages other than those connected to the normal use of the Service. The user undertakes not to use the Website in a manner contrary to or for purposes contrary to the provisions of law, mandatory regulations and in any case to the GENERAL CONDITIONS and the supply contract.
6.2. Furthermore, the user undertakes not to use the Website in such a way as to damage it, deactivate it, overload it or interfere with the use of the Website by other users. The user may not attempt to gain unauthorised access to the Website or other accounts through any type of computer piracy, password falsification, fraudulent or illegal recovery of third-party passwords or other means.
6.3. Furthermore, the user undertakes, when using the SERVICE, not to:
- defame, abuse, perjure, threaten, or otherwise violate the rights (such as privacy or advertising rights) of others;
- disseminate topics, names, materials or information that incite discrimination, hatred or violence against a person or group because they belong to a particular race, religion or nation, or are offensive to victims of crimes against humanity, including by questioning the existence of such crimes;
- make available files containing images, photographs, software or other material protected by intellectual property laws, including, but not limited to, copyright or trademark laws (or confidentiality or advertising rights), unless the user owns or controls such rights or has received all the necessary authorisations to do so;
- use materials or information, including images or photographs, made available through the Website in a manner that infringes upon rights regarding copyright, trademarks, patents, trade secrets or other proprietary rights of the parties;
- share files that contain Trojan, worm viruses, time bomb viruses, cancelbots, altered files, or other similar software or programs that may damage the operation of other users’ computers, or allow access to the electronic devices of third parties in a way that is contrary to the law;
- falsify or delete attributions to authors, communications of legal content, or other appropriate communications, or designations relating to intellectual property rights, or communications relating to the origin or source of software or other material contained in a file that is uploaded;
- restrict or prevent the use of the SERVICE or the Website on the part of other users;
create a false identity in order to mislead others;
- use, download or otherwise duplicate or provide (free of charge or for a fee) to a natural or legal person any list of users of the Website or information relating to another user or use, or parts thereof.
6.4. In the event that the user fails to comply with the obligations contemplated by and/or has breached or attempted to breach the provisions of articles 3.3, 3.5, 3.6, 6.1, 6.2, 6.3, without prejudice to Shopcall’s right to claim compensation for any damages arising therefrom (as well as for loss of profit and greater damages), the contract for the provision of the Service shall be deemed to be legally terminated without notice and without the right to any reimbursement or compensation for the user. The user must, in any case, pay Shopcall the sums accrued up to the moment the contract is terminated.
7. EXCLUSION OF LIABILITY
7.1. Shopcall does not control communications between users using the Service, and users therefore agree that Shopcall is in no way responsible for their content. Shopcall is in no way responsible for any damage caused by the use of the user’s account by third parties, with or without the user’s permission.
7.2. Shopcall is in no way responsible for any damage caused by the use of the user’s account by third parties, with or without the user’s permission.
7.3. Shopcall declines all responsibility for the lack of diligence, prudence or inexperience on the part of the user in the safekeeping of the access credentials (username and password), or in the event of communication, transfer to third parties or even fraudulent removal of the same.
7.4. Shopcall is not responsible for unauthorised access to or alteration of user transmissions or data, materials or data sent or not sent, nor for any content sent by the user or third parties using the service. Shopcall shall not be held liable for any content uploaded by users.
7.5. Shopcall shall not be held liable for any breach of this contract due to force majeure, or unforeseeable circumstances, or events beyond its control, such as (merely by way of example) wars, riots, natural disasters, fires, strikes (including strikes in the company), interruption of electricity supply or in the supply of lines dedicated to the transport of data belonging to the system, or the temporary suspension or blocking of Shopcall’s activities ordered by supervisory or legal authorities.
8. LINKS TO THIRD-PARTY WEBSITES
8.1. The Website may also contain images and links to websites managed by third parties (“Linked Websites”). In this case, Shopcall does not control the Linked Websites and is not responsible for their content, with reference, for example, to links contained in a Linked Website, or to changes and updates to a Linked Website. Shopcall is not responsible for the transmission of information via Internet or any form of transmission of information sent by the Linked Websites, nor for the inappropriate operation of the Linked Websites.
8.2. Shopcall provides these links to users merely as a convenience, and the inclusion of any link by Shopcall does not in any way imply endorsement by Shopcall of the Websites in question or any association with their operators.
The user may withdraw from the SERVICE at any time, by means of a written notification to be sent by registered letter with return receipt or PEC registered e-mail sent to the address indicated on the Website, in which the user indicates his/her intention to withdraw from the SERVICE. Withdrawal shall be effective vis-à-vis Shopcall when the latter has received the notification sent by the user. Until that moment, neither the user nor Shopcall will be exempted from fulfilling their respective obligations under the GENERAL CONDITIONS. The user is aware and accepts that in the event of withdrawal from the SERVICE, s/he shall not be entitled to a refund of the sums paid in advance to Shopcall for the provision of the SERVICE, in accordance with the provisions of the “Costs of the SERVICE” form with reference to payment methods.
10. COURT OF JURISDICTION
The SERVICE described in the GENERAL CONDITIONS shall be governed by Italian law. All disputes arising out of, or relating to, the existence, validity or interpretation of these General Conditions, as well as the use of the Website or the SERVICE, shall be exclusively dealt with by the Court of Milan.
11.1. The user undertakes to indemnify and hold harmless Shopcall, as well as its officers and employees, from any claims, actions and requests made by third parties or any damages suffered by third parties, including reasonable legal fees, arising out of the use of the Website or the SERVICE by the user or in any way connected with such use.
11.2. Shopcall reserves the right to disclose personal information regarding the user or the use of the SERVICE by the user, including its content, without the user’s prior consent, if Shopcall is obliged to do so by a Public Authority, or by a court order, or if Shopcall believes, in good faith, that this is necessary in order to:
- comply with legal provisions or orders of the legal authorities;
- protect and defend its rights or property or those of its affiliated companies;
- implement the GENERAL CONDITIONS;
- protect the interests of users or third parties.
Shopcall’s offer of the SERVICE under these GENERAL CONDITIONS is subject to the applicable laws and legal procedures, and nothing in these GENERAL CONDITIONS affects Shopcall’s right to comply with legal and legislative requests and orders regarding how the user uses the Website or the SERVICE or information provided or collected by Shopcall for such use.
11.3. f any clause of the GENERAL CONDITIONS is held or declared invalid or unenforceable pursuant to the relevant legislation, this shall not cause the entire GENERAL CONDITIONS to lapse, but only the automatic replacement of such clauses with valid and enforceable provisions that allow the intent of the original provision to be achieved as far as possible.
11.4. Except as expressly specified, these GENERAL CONDITIONS govern the entire relationship between the user and Shopcall in relation to the SERVICE, and supersede any communications and proposals, previous and current, whether exchanged in electronic, verbal or written form, between the user and Shopcall in relation to the Website and the SERVICE. The printed version of these GENERAL CONDITIONS and of any communication provided in electronic form shall be considered as admissible evidence in any legal or administrative proceedings based on, and relating to, this Agreement, to the same extent, and subject to the same conditions, as other documents and business relationships originally created and maintained in printed form.
12. BRAND-RELATED COMMUNICATIONS
ShopCall and/or the other Shopcall products and services referred to herein are or may be trademarks or registered trademarks of Shopcall in Italy and/or other countries. The names of actual companies and products mentioned herein may be trademarks of their respective owners. All rights not expressly granted herein are reserved.
13. CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION
14. SERVICE BILLING METHODS
A) Charges to the User
The user is obliged to pay Shopcall the amounts charged, using the payment method (e.g. credit card) indicated. If, for example, a credit card is chosen as the Payment Method, the user authorises Shopcall to charge the cost of the SERVICE to the credit card. The user must promptly notify Shopcall of the expiry of the credit card and/or the possible cancellation of the credit card (e.g. due to loss or theft). Shopcall reserves the right to correct any errors made, even if payment has already been requested or received.
B) Expiry date; Default Interest; Credit Recovery Costs
The amount owed to Shopcall for the use of the SERVICE must be paid in full by the Supplier of the user’s payment method on the date on which such payment is requested by Shopcall. The user agrees to pay any default interest on amounts overdue. Default interest will be calculated by applying the statutory interest rate to the total amount due and unpaid by the User. Shopcall has the right, which the user grants forthwith, to transfer the claim against the user to a third party for credit recovery. The user undertakes to pay all costs incurred by Shopcall for the recovery of any overdue amounts, including costs.
C) General Information
Subjects acting on behalf of a legal person declare and guarantee that they are duly authorised to bind the legal person to all the provisions indicated in these GENERAL CONDITIONS and that they have made them known to said legal person.
The user undertakes not to assign, transfer or sublicense any rights to his/her account.