Terms of service

Terms and conditions of use IGOODI’s Marketplace


                                                                                              WHEREAS

 

  1. The IGOODI marketplace (the "Marketplace") is one of the services offered by IGOODI via the Application or the Website.

  2. The Marketplace is an e-commerce platform for the purchase of avatar-based services, i.e. integrated with the 3D Representation provided by IGOODI. Once registered on the Application or the Website, the User can purchase the scanning coupon ("coupon") according to the terms and conditions set out herein. The coupon entitles the User to scan and obtain the 3D Representation. The purchase of the coupon also enables the activation of the related services offered by the Marketplace. The services will be available if the User has created his or her 3D Representation.

  3. The User can take advantage of the products and services offered in the Marketplace (the "Offers"), either directly by IGOODI or by its commercial partners (the "Partners"). The Partners' Offers are integrated with IGOODI's Offer and therefore the use of IGOODI's Offer allows the user to use also the connected and integrated Services on the Marketplace. The scanned coupon can be used within 365 days from the date of issue; once this period has expired, the User loses the right to obtain the 3D Representation and to use the related services.

  4. The use of the Marketplace is governed by these terms and conditions of use (the "Marketplace T&Cs") with which the User must comply in order to benefit from the Offers in the Marketplace.

  5. The Marketplace can also be simply viewed - via the Website only - even if the User is not a member of the Marketplace, in which case the User will not be able to benefit from the Offers in the Marketplace.
    F. If the User views the Marketplace without registering for it, the User will be subject, to the extent applicable, to the T&Cs of the Marketplace.

 

The User expressly agrees to the following

  1. Background and Definitions

1.1.  The Forewords form an integral part of the Marketplace T&Cs.

Unless otherwise defined, capitalized terms have the same meaning as in the T&C of the Application.

 

  1. Term of the Contract and application of the Marketplace T&Cs.

2.1.         The T&Cs of the Marketplace will apply to the User every time the latter uses or displays the Marketplace and will remain in force between the parties until the User deletes his account from the Application, or until the same is removed following one of the hypotheses of article 9.2.

2.2.         At any time, the User may withdraw by cancelling his account from the Application, according to the provisions of the T&Cs of the Application.

2.3.         Following the withdrawal, the User will no longer be able to take advantage of any purchased and not yet used Offers, as better specified in articles 3 and 4, and will not receive any refund for the same.

 

  1. IGOODI Offers

3.1.         Once in the Marketplace, the User will be able to take advantage of the Offers presented from time to time by IGOODI.

3.2.         Offers can be aimed at the use of goods and services both on-line and off-line, according to the specific methods indicated by IGOODI.

3.3.         The contract relating to a specific IGOODI Offer will be directly entered into between the User and IGOODI (the "Agreement with IGOODI").

3.4.         Once the Contract with IGOODI is signed, depending on the Offer, the User will: (i) receive a coupon that will allow him/her to redeem the IGOODI Offer according to the specific terms of use of the same; or (ii) automatically download the Offer directly to the 3D Representation.

3.5.         When the Offer provides for the redemption of a coupon, the User must associate the coupon to his or her 3D Representation within the deadline set forth in said Offer. If the Offer is not redeemed, the coupon will not be refunded to the User.

3.6.         Before the coupon is associated to the 3D Representation, the coupon may be transferred free of charge to another User by following the instructions provided in the Application or in the Marketplace.

3.7.         The coupon cannot be resold under any circumstances.

3.8.         Once the coupon has been associated to the 3D Representation, it will not be transferable to any third party for any reason whatsoever.

3.9          When the Offer provides for the automatic download of its contents directly onto the 3D Representation, the use of the same will be concurrent with its purchase.

3.10        The User will be able to withdraw from the Contract with IGOODI within 14 days from its conclusion, according to art. 52 of the Legislative Decree 206/2005 (the "Consumer Code") if he/she has not made use -not even partially- the Offer. The withdrawal must be made by contacting IGOODI at customer@igoodi.eu.

3.11        The User consents to the execution of the Offer during the period to exercise the withdrawal from the moment he/she makes the payment.

3.12        IGOODI provides the 3D representation based on the techniques generally used for this type of product and for a use exclusively related to the services offered by the Marketplace.

 

  1. Partner Offers

 

4.1.         Subject to the creation of the 3D representation, by browsing the Marketplace, the User may take advantage of the Offers from time to time presented by Partners, according to the conditions and methods of use same prepared by them.

4.2.         The Offers may be for the use of goods and services both on-line and off-line, in accordance with the specific procedures indicated by the Partner.

4.3.         The contract relating to a specific Partner Offer will be directly entered into between the User and the Partner (the "Partner Contract") and therefore, except as specified in the following art. 4.10 and 4.11, IGOODI will not be in any way responsible for its execution.

4.4.         IGOODI, in its quality as owner of the Marketplace, facilitates the relationship between User and Partner, and therefore, within the Partner Offer signed by the User, the payment to IGOODI as well as the notices of withdrawal and complaints addressed to IGOODI at the dedicated email box are considered executed against the Partner.

4.5.         Once the Offer with IGOODI has been signed and the 3D representation consequently realised, the User will be able to associate it to the Partner's Offer according to the specific modalities of use, by browsing the Marketplace.

The association of the 3D Representation to the Partner Offer is unique to the user and is not transferable to any third party.

4.10.      The User may withdraw from the Partner Agreement within 14 days of its execution, pursuant to art. 52 of Legislative Decree 206/2005 (the "Consumer Code") if he/she has not made use -not even partially- of the Offer, by associating the coupon to the 3D Representation. The withdrawal must be made by contacting IGOODI at customer@igoodi.eu.

4.11. The User consents to the execution of the Offer during the withdrawal period from the moment he/she makes the payment. Therefore, he/she is aware that once the payment has been made he/she can lose the right of withdrawal or use the right of withdrawal only limited to the part of the Offer that has not been performed and receive a possible partial refund only if this is possible. Any costs of return are charged to the consumer. The conditions of withdrawal shall in any case be indicated in the relevant tab of the Offer or by pop-up.

4.12. Except as provided in paragraph 3.11 pursuant to art. 59 of the Consumer Code is still excluded the right of withdrawal and therefore the User has no right to a refund in the following cases:

(a) creation of customized or personalized products;

  1. b) provision of digital content through a non-material support having accepted the immediate execution of the Offer;
  2. c) when the User requests the Offer for business or professional purposes by providing the VAT number;

4.13 The Partner guarantees the conformity of the goods with respect to the purposes for which goods of the same type are normally used, to a sample or model or otherwise to the description provided. The Partner guarantees that the goods have characteristics, in terms of quality, quantity, durability, functionality, compatibility and safety ordinarily found in goods of the same type. In every case, any deviation of the good regarding the characteristics previously described will be made known in the relative card and with the purchase, the User accepts expressly such deviation. Any minor deviations will not be disclosed and do not involve liability for the Partner.

4.14       In any case, the Partner is not responsible for non-conformity generated by errors or omissions of the User, malfunctioning of software or hardware configurations attributable solely to the User, or setting of device functionality that does not allow to faithfully representing the products covered by the Offer.

4.15       In case of goods with digital elements, the Partner guarantees the provision of the relevant update, also for security purposes, for a reasonable period of time. In the case of supply beyond two years, for the whole period of time during which the digital content or the digital service is to be provided. Goods with digital elements means any tangible movable property which incorporates, or is interconnected with, digital content or a digital service in such a way that the absence of such digital content or digital service would prevent the performance of the functions proper to the goods.

  • The User will be informed of the availability of updates, and instructions for such updates. If the User, despite such information, does not install such updates within a reasonable period of time, the Partner shall not be liable for any lack of conformity resulting solely from the lack of the update.
  • In case of alleged conformity defects, a claim shall be submitted to .......
  • The relative action is prescribed, in any case, in the term of twenty-six months from the delivery of the product and the Partner is responsible vis-a-vis the User for conformity defect at the moment of the delivery of the good and which manifests itself within two years from that moment, if attributable to the responsibility of the seller.
  • In case of ascertained non-conformity of the Product attributable to the Partner's responsibility, the User has the right to a price reduction and contract termination only if repair or replacement is not applicable or was unsuccessful.
  • If the execution of the Contract with the Partner is not possible or does not take place correctly due to problems and/or defects exclusively related to the 3D Representation or to the use of the Marketplace, the User must contact IGOODI according to the modalities described in art. 10.1 within [72 hours] from the moment in which the problem emerged that did not allow the correct execution of the Contract with the Partner.
  • Following a report pursuant to art. 4.10 above, IGOODI will ascertain that the non-execution or incorrect execution of the Contract with the Partner is due to problems related to the functioning of the 3D Representation and/or the use of the Marketplace and, only in this case, will take all appropriate measures to ensure the proper execution of the Contract with the Partner (by way of example, return and replacement of the purchased good. Only if it is not possible to guarantee the correct execution of the Contract with the Partner, IGOODI will proceed to refund the price paid for the subscription of the purchased Offer.
  • The User can also report to IGOODI any complaints related to the Offers, the Partners and the Partner Contract through the contact address mentioned in art. 10.1.
  • In case of complaints, if they do not fall within the scope of art. 4.10 and 4.11 above, IGOODI will only report the problem to Partners so that they will proceed to provide feedback and/or support to Marketplace Users.

 

  1. Payments
    • The payment of the cost of the Offer will be made by the User at the time of purchase of the latter - unless otherwise provided for in the Offer - directly on the Marketplace and in euro.
    • In the event that a specific Offer provides for payment in a different currency, the Marketplace will directly convert the payment made by the User in the reference currency according to the exchange rate at the time of payment.
    • Payments will be made through one of the means of payment available in the Marketplace, which will be provided by third party providers. With reference to the Services offered by the Partner. IGOODI acts as a collection agent, so payments made to IGOODI will be considered made to the Partner.
    • IGOODI will not process any data relating to the payment method adopted by the User to purchase the Offers on the Marketplace.
    • Any problem relating to payments (for example, unsuccessful payment) will have to be reported to IGOODI through the contacts mentioned in art. 10.1.
    • IGOODI will take all appropriate measures to ensure payment issues are resolved. Should it not be possible to solve such problems, IGOODI will proceed to refund the price paid by the User for the coupon related to the Offer.

 

  1. User’s obligations
    • The User undertakes to use the Marketplace in full compliance with the T&Cs of the Marketplace and with the rules of the Offers published from time to time by the Partners or by IGOODI.
    • The User cannot use software, devices, scripts, robots and, in general, any automatic or manual method to illegally access the Marketplace and/or in general acquire, copy or transmit any content in the Marketplace.
    • The User may not interfere with or damage - even unintentionally - the Marketplace by using viruses (trojans, cancelbots, etc.) or any other software integrated into the browser or, in general, into the device the User uses to access the Marketplace.
    • The User undertakes: (i) not to publish any comments or, in general, any content that may disturb the use of the Marketplace by other Users in any way, or that may in any way offend the reputation of the Partners and/or their employees/collaborators for any reason whatsoever (i.e. (i.e., spam; use of offensive language or sending offensive content; discriminatory for reasons of sex, race, language, religion, political opinions, economic and social conditions; pornographic or inciting hatred or violence in any way), or which violates any and all third party rights (e.g., intellectual property rights, right to a name, image, etc.), laws or, in any case, the rights of third parties. ), laws or, in general, contrary to public order and/or morality (the "Illegal Contents"); as well as (ii) not to conduct themselves in a way that violates the rights of IGOODI, of other Users, and/or of third parties; laws; that are contrary to public order and/or morality; and/or that, in general, may - even indirectly - cause any damage, cost, expense and/or harm to IGOODI, other Users, Partners and/or third parties (the "Illegal Conduct").
    • The User will indemnify and hold IGOODI harmless from any damage, cost, expense, action and dispute and/or, in general, prejudice that IGOODI may suffer as a consequence - even indirectly - of the publication of illegal content on the Marketplace and/or illegal conduct of the User.

 

  1. IGOODI’s obligations

7.1.  IGOODI guarantees the User the use of the Marketplace within the limits of the necessary technologies used.

17.2. To allow for the proper use of the Marketplace, IGOODI will carry out maintenance activities of the same, where necessary.

7.3. IGOODI will promptly inform the User if the maintenance and/or the update of the Marketplace implies a non-usability of the same for at least 72 consecutive hours.

7.4.  IGOODI guarantees the moderation and removal of Illegal Content through manual or automated systems.

7.5.  IGOODI also guarantees the User an additional control system of the activities carried out on the Application, which can be activated following a report, to be communicated to the address indicated in art. 10.1.

7.6 Reports will be taken into account by IGOODI, which will evaluate them in a short time after their receipt.

7.7. IGOODI, with the exception of what is stated in art. 7.4 and 7.5 above, does not carry out any constant and generalized control on the comments/content published by Users on the Marketplace and, therefore, will not be in any way responsible for the possible publication of Unlawful Content or for any unreported Unlawful Conduct.

7.8.  IGOODI reserves the right to refer to the competent administrative and/or judicial authorities to report any illegal content and/or illegal conduct of the Users.

7.9. IGOODI undertakes to take care of the User's requests that may be received by the contacts mentioned in art. 10.1 and will undertake to process them within the limits of the T&Cs of the Marketplace.

7.10. IGOODI undertakes to comply with the national and community provisions applicable to the Markeplace. The processing of personal data will take place in compliance with EU Regulation n.670/2016 and Legislative decree n.169/2003, as subsequently amended, and exclusively for the purposes indicated in the specific information.

7.11. The support of scientific research offered will take place through appropriate research projects and in compliance with the deontological rules that may be applicable.

 

  1. Intellectual Property

8.1.           IGOODI is the owner or licensee of any and all patents, registered trademarks, trademarks used in practice, design rights, copyrights (including software and database rights) and moral rights, know-how rights and any other intellectual property right provided for by law, whether registered or not, including applications to obtain any of the above rights and any other right and form of protection equivalent or with similar effect, related to the Marketplace, the Offers and, in general, to the contents present on it.

8.2. The User may not, even partially, use, reproduce, duplicate, publish, transfer and/or exploit in any way and/or by any means whatsoever the intellectual property rights relating to the Marketplace, the Offers and, in general, the contents therein.

8.3. The User shall indemnify and hold harmless IGOODI from any damage, cost, expense, action, dispute and/or, in general, prejudice that IGOODI may suffer as a consequence - even indirectly - of the violation of intellectual property rights related to the Marketplace, the Offers and, in general, the contents present on it.

8.4. By registering to the Application, the User also obtains a non-exclusive, personal and non-perpetual license to use the Marketplace, the Offers and, in general, the contents of the Marketplace in compliance with the T&Cs of the Marketplace.

 

  1. Suspension and Cancellation of the Account

9.1.           IGOODI may suspend the User's account at any time if it has reason to suspect that the User is in breach of the obligations set out in article 6.1; 6.2; 6.3; 6.4; 8.2 by giving notice to the same.

9.2 IGOODI may cancel the User's account - and therefore terminate this contractual relationship according to article 1456 c.c. - if it detects a violation of the obligations referred to in article 6.1; 6.2; 6.3; 6.4; 8.2.

 

  1. Contacts and Assistance

10.1.        The User can contact IGOODI assistance service at any time customer@igoodi.eu.

 

  1. Limitations of liability

11.1.        IGOODI will not be liable to the User for the Partners' Offers present on the Marketplace and for the execution of the Contract, except to the extent of articles 4.10 and 4.11; 4.12, 4.13, 5.5 and 7.6 above.

11.2.        IGOODI shall not be liable for interruptions and/or suspensions of the use of the Marketplace and/or the Offers provided through it, due to causes exclusively attributable to the Partners or to Force Majeure. By "Force Majeure" we mean circumstances and/or events beyond IGOODI's control such as, by way of example but not limited to, floods, earthquakes, fires, other natural disasters, pandemics, epidemics (including local ones) and events arising, in general, from the need to protect public health; events dependent on the management of problems of public order and/or national security; acts and/or omissions of suppliers of telecommunication/connectivity services or of electricity and in general of products and/or services provided by third parties; as well as deriving from computer attacks or harmful software that cannot be reasonably foreseen and/or countered by IGOODI.

11.3. The interruption of the possibility to use the Marketplace and/or the possibility to use the Offers due to the causes referred to in art. 11.2 above can in no way be qualified as a breach of the Marketplace T&Cs.

11.4. IGOODI shall not be responsible for the lack of or partial use of the Marketplace and/or the Offers provided through the same if it depends on causes that can be attributed, even partially, to the User, such as, by way of example but not limited to: internet connection problems, software or hardware malfunctioning of the devices used to access the Marketplace or use the Offers.

11.5. IGOODI will not be responsible in case of use of unauthorized payment instruments by the User if he/she has implemented all the security procedures normally required for online activities.

 

  1. Miscellaneous

12.1. IGOODI reserves the right to modify these T&Cs at any time by sending appropriate notice to the User. For what is not expressly provided for in this document, please refer to the T&C of the Application, if and insofar as applicable.

12.2 The T&Cs of the Marketplace are governed by Italian law.

Terms and conditions of the IGOODI App

 

Whereas

 

The User expressly agrees to the following

  1. Use of the Application

1.1.    The Application can be used through mobile devices - or in web-based mode through the website - following registration by the User.

1.2.    To access the Application, the User must have IT devices and a stable Internet connection, services for which IGOODI will not be liable in any way.

1.3.    The Application will be available to the User at any time, except when it is being updated and/or maintained, or due to circumstances and/or events beyond IGOODI's control, such as, by way of a non limiting example, floods, earthquakes, fires, other natural disasters, pandemics, epidemics (including local ones) and events generally deriving from the need to protect public health; events dependent on the management of public order and/or national security issues; acts and/or omissions of suppliers of telecommunication/connectivity services or electricity and in general of products and/or services provided by third parties; as well as events deriving from computer attacks or malicious software that cannot be reasonably foreseen and/or countered by IGOODI ("Force Majeure"), in which the usability of the Application by IGOODI is not guaranteed.

1.4.    IGOODI will notify the User should updating and/or maintenance activities last for a period of 72 consecutive hours.

 

  1. Registration
    • In order to use the Application, the User must register, free of charge, by filling in the registration form.
    • Only natural persons over 14 years of age are allowed to register.
    • The User declares and guarantees that the data entered for registration are true and refer to him/her and undertakes to keep them updated by modifying them directly in his/her personal profile page.
    • The User will indemnify and hold IGOODI harmless from any damage, cost and/or prejudice in general that may arise from any dispute, action and/or claim of third parties related to the incorrectness and/or falsity of the data entered during registration.
    • IGOODI reserves the right to temporarily suspend the User's account if it has reasonable grounds to believe that the information entered during registration is not true or does not refer to the User.

 

  1. Services and methods of use
    • Body scanning service for the realization of the 3D Representation

3.1.1.     The body scanning service can be purchased directly in the Application, or in one of the IGOODI physical points of sale by means of a scratch card with a QR code, which will be associated to the User who wants to use it.

3.1.2.     In order to scan his/her body, the User will have to go to one of the IGOODI body scanners, in the manner and within the deadline chosen by the User, or indicated in the Application or in the order confirmation, following the instructions in the app and/or provided by the staff in charge of scanning.

3.1.3.     IGOODI will not be able to proceed with the 3D Representation service if the User has not correctly followed the scanning instructions provided for in the Application and/or by the scanning staff.

3.1.4.     By signing these T&Cs, he User also accepts the terms of the release for the use of the images referred to in article 11 of the T&Cs, necessary to be able to use the body scanning Service.

3.1.5.     Images may be subject to manual interventions by IGOODI operators authorized to process them in order to optimize their quality without affecting the detection of the User's morphological data.

3.1.6.     Once the scanning has been performed, IGOODI will shortly make available to the User who used the voucher its 3D Representation directly in the Application for the purpose of viewing and accessing the available Services, until the termination of this contract, as indicated in article 4 below.

3.1.7.     Should this contract is terminated for any reason, IGOODI may anonymize the 3D Representation so that it can no longer be traced back to the User and continue to use it for statistical and research purposes.

3.2.  Other Services present on the Application

3.2.1.     The Application offers to the User a series of additional Services, such as those present in the IGOODI marketplace.

3.2.2.     In order to access the other Services offered by IGOODI, the User must have already scanned and obtained his own 3D Representation, since they will be used by associating the specific Service – purchased in the Application and/or in a physical store – to the 3D Representation of the User.

3.2.3.     The terms and conditions of use of the other Services offered on the Application will be indicated from time to time on the Application and shall be specifically accepted by the User.

3.3.    Without prejudice to the specific regulations governing the individual Services offered on the Application, the User may withdraw from a specific Service purchased through the Application (and not in a physical store) within 14 days of its purchase, pursuant to article 52 of Legislative Decree no. 206/2005 (the "Consumer Code"), if the User has not used - even partially - the Service. The mere association of the Service with the 3D Representation is considered as use of the Service.

3.4.    Withdrawal from a Service must be made by sending a written notice to customer@igoodi.eu, including the identification details of the Service necessary to identify.

3.5.    If the User decides to withdraw within the terms set out in article 3.4 above, IGOODI will refund - where reasonably possible by the same payment method used by the User, otherwise by the means deemed most appropriate by IGOODI - all payments received, without undue delay and, in any case, within 30 days from the day on which the User communicated his/her will to withdraw from the Service.

3.6.    Should the use of a Service not be possible or not occur correctly due to problems and/or defects exclusively related to the 3D Representation or to the use of the Application - and without prejudice to what is stated in articles 3.1.2 and 3.1.3 above - the User must contact IGOODI at customer@igoodi.eu within 7 days from the moment in which the problem that did not allow the correct use of the Service has emerged.

3.7.    Following a report pursuant to article 3.5 above, IGOODI will promptly ascertain that the missed or incorrect use of the Service is due to problems related to the functioning of the 3D Representation and/or to the use of the Application and, only in this case, will take all appropriate measures to ensure the correct use of the Service (by way of example, return and replacement of the purchased item, updating of the 3D Representation). Only if the correct use of the Service cannot be guaranteed, IGOODI will refund the price paid by the User for the Service.

  1. Termination of this Agreement and Account Cancellation
    • Users may at any time withdraw from this contract by deactivating their account or requesting its cancellation at: customer@igoodi.eu
    • In case of violation by the User of these T&Cs - including the provisions of article 2.5 above - or of the applicable laws, IGOODI reserves the right to suspend or terminate the User's account in order to verify the effective performance of illicit conduct by the same, providing appropriate information.
    • IGOODI may immediately terminate this contract according to article 1456 of the Italian Civil Code should the provisions under articles 5.3; 5.6; 5.7; 5.8; 7.3 be violated.
    • In the event of termination of this agreement for any reason whatsoever, the User will no longer be able to use the Services purchased on the Application, unless, due to the concrete ways of using them, it is objectively still possible to use them after termination of this contract.

 

  1. User’s obligations
    • The User undertakes to use the Application in full compliance with these T&Cs and the regulations of the Services from time to time present on the same.
    • The User is obliged to keep access credentials, not to give them to third parties and to take all appropriate measures to protect and not to make available access credentials to third parties.
    • The User must promptly inform IGOODI about any illegitimate use of credentials - even if only suspicious - by third parties.
    • It is understood that in no case IGOODI can be held responsible in case of loss, diffusion, theft or unauthorized use by third parties, for any reason whatsoever, of the Users' access credentials and/or of any damage, cost, expense or, in general, prejudice that the User may suffer as a consequence of the unauthorized use of his credentials.
    • The User will hold IGOODI harmless from any damage, cost, expense or, in general, prejudice that IGOODI may suffer as a consequence of the illegitimate use of the credentials to access the Application by third parties, occurred before the communication mentioned in article 5.35.3 above.
    • The User may not use software, devices, scripts, robots and, in general, any automatic or manual method to illegally access the Application and/or in general acquire, copy or transmit any content present in the Application.
    • The User may not interfere with or damage - even unintentionally - the Application by using viruses (trojans, cancelbots, etc.) or any other software integrated into the browser or, in general, into the device the User uses to access the
    • The User undertakes: (i) not to publish any comments or, in general, any content that may disturb the use of the Marketplace by other Users in any way, or that may in any way offend the reputation of the Partners and/or their employees/collaborators for any reason whatsoever (i.e. (i.e., spam; use of offensive language or sending offensive content; discriminatory for reasons of sex, race, language, religion, political opinions, economic and social conditions; pornographic or inciting hatred or violence in any way), or which violates any and all third party rights (e.g., intellectual property rights, right to a name, image, etc.), laws or, in any case, the rights of third parties. ), laws or, in general, contrary to public order and/or morality (the "Illegal Contents"); as well as (ii) not to conduct themselves in a way that violates the rights of IGOODI, of other Users, and/or of third parties; laws; that are contrary to public order and/or morality; and/or that, in general, may - even indirectly - cause any damage, cost, expense and/or harm to IGOODI, other Users, Partners and/or third parties (the "Illegal Conduct").
    • The User will hold IGOODI harmless from any damage, cost, expense, action and dispute and/or, in general, prejudice that IGOODI may suffer as a consequence - even indirectly - of any conduct referred to in article 5.8 above.

 

  1. IGOODI’s obligations
    • IGOODI guarantees the User the use of the Application within the limits of the necessary technologies used, according to the modalities indicated in articles 1.3 and 1.4.
    • IGOODI guarantees the moderation and removal of Illegal Contents through manual or automated systems.
    • IGOODI also provides the User with a further control system of the activities carried out on the Application, which can be activated following a report to be sent to customer@igoodi.eu.
    • IGOODI will take care of the reports and will evaluate them in a short time after receiving them.
    • With the exception of the provisions of articles 6.2 and 6.3 above, IGOODI does not carry out any constant and generalized control on comments/content published by Users and on their interactions in the Application and, therefore, will not be in any way responsible for the possible publication of Illegal Content or for any illicit Conduct not reported.
    • IGOODI reserves the right to refer to the competent administrative and/or judicial authorities to report any Illegal Content and/or Illegal Conduct of Users.
    • IGOODI is obliged to take care of the User's requests that may be received at customer@igoodi.eu and will undertake to process them within the limits of these T&Cs.

 

  1. Industrial and Intellectual Property Rights
    • IGOODI is the owner or licensee of any and all patents, registered trademarks, trademarks in fact used, design rights, copyrights (including but not limited to software rights, the source code that allows to generate and display the 3D Representation, databases, etc.. ) and moral rights, rights to know-how and any other intellectual property rights provided by law, whether registered or unregistered, including applications to obtain any of the foregoing rights and any other rights and forms of protection equivalent or similar in effect, relating to the Application, the content - of whatever nature - contained therein and the 3D Representation.
    • By accepting these T&Cs the User receives a non-exclusive, free of charge, license for the whole duration of the contract between the User and IGOODI on the Application (used in "Software as a Service" mode), on the contents - of any kind - present on it and on the graphic representation of the 3D Representation displayed on it, exclusively for the purpose of using the Services within the limits of the T&Cs.
    • The User may not in any way or for any reason reproduce, duplicate, extrapolate, transfer and/or in general exploit by any means whatsoever the intellectual property rights relating to the Application, the content contained therein and the 3D Representation.
    • The User shall hold IGOODI harmless from any damage, cost, expense, action, dispute and/or, in general, prejudice that IGOODI may suffer as a consequence - even indirectly - of the violation of the intellectual property rights related to the Application, to the contents therein and to the 3D Representation.

 

  1. Processing of personal data and confidentiality obligations
    • The creation of the 3D Representation and the registration on the Application imply the processing of personal data by IGOODI, such as, for example, morphological data of the User's face and physical features, registration data, data acquired through cookies, etc.
    • IGOODI will not acquire ownership of the User's personal data under any circumstances, which will be processed exclusively to allow the User to take advantage of the Services offered through the Application or purchasable at IGOODI's physical stores and in full compliance with Regulation (EU) 2016/679 (the "GDPR") and D. Lgs. 196/2003, as subsequently amended, (the "Privacy Code"). IGOODI may take on the role of co-processor together with the Partners in the case of offers provided by the latter and integrated with 3D Representation. In this case, IGOODI and the Partner will sign a co-ownership agreement in order to share the obligations regarding the processing of personal data.
    • Detailed information on how IGOODI processes your personal data can be found in our privacy policy and in our cookie policy.
    • IGOODI commits itself to keep strictly confidential and not to disclose to third parties, except for what is strictly necessary to use the Application and the Services, any data or information about the User that IGOODI has been made aware of or has simply become aware of.
    • Without prejudice to the general obligation of confidentiality mentioned in article 8.4 above, IGOODI acknowledges from now on the confidential nature of the information and documents related to the User that will come to its knowledge and acknowledges that any right directly or indirectly related to their use is and will remain the exclusive property of the User.
    • IGOODI undertakes to make sure, also pursuant to article 1381 of the Italian Civil Code, which all third parties, to whom the confidential information will be made available for the purpose of executing this contract, act in compliance with the above-mentioned confidentiality obligations.

9.    Warranty exclusion

  • The Application is provided "as is" and, therefore, IGOODI does not provide any explicit or implicit guarantee that it and the Services offered on it can satisfy the Users' needs or that it is never interrupted or is free from errors, viruses or bugs.
  • The Service provided by the Application consists merely in making the Services available to the User and in allowing the same to use them according to the modalities indicated in these T&C or from time to time in the description of the Service present on the Application itself.
  • The User who accesses the Services offered by the Application is solely and exclusively responsible for the contents that he shares or exchanges on the Application, also with third parties, as well as for the ownership of the same and, if referred to third parties, the free availability for their use.
  • The User shall hold IGOODI harmless from any damage, cost, expense and/or prejudice in general that IGOODI may suffer in relation to the illegal diffusion of third parties' contents and/or to the use of the Application in ways and/or for purposes contrary to and/or different from those provided for by these T&Cs, by the specific rules of the Services and/or by the law.
  1. Limitation of Liability

10.1. IGOODI will be liable exclusively for inefficiencies or malfunctions of the Application or related to the Services directly offered by IGOODI through the Application.

10.2 IGOODI will not be liable in any case for the violation of these T&Cs or for any damages, costs, expenses or prejudices that Users may suffer due to Force Majeure circumstances.

10.3. In the cases referred to in article 10.1 above, the User can obtain a refund/reimbursement IGOODI will be anyway liable for an amount up to the price paid by the User for the relevant Service.

 

  1. Release for the use of User's images

11.1.                 By signing these T&Cs, the User grants IGOODI, free of charge, the right to use, reproduce, process, modify, transmit - on any analogical, electronic, computer and/or digital support - his/her portrait and image reproduced in the 3D Imagery following the use of the Body scanning Service, for the sole purpose of using the Services.

11.2.                 The User expressly declares that he/she has no right to claim for any reason or title from IGOODI, its assignees and/or successors in title and/or in general from anyone who uses and exploits the 3D Representation (i.e. the Partners) with reference to the object of this disclaimer and, therefore, to the provisions of article 11.1 above, committing themselves also for the future not to raise any exception, claim, demand or dispute in this regard and, as far as necessary, irrevocably waiving any right, action or claim in relation to the payment of compensation or indemnity of any kind by reason of the above.

11.3.                 The User warrants to IGOODI the peaceful enjoyment of all the rights covered by this disclaimer, and hereby relieves IGOODI and/or its assignees from any possible action and/or claim by third parties related to the images reproduced in the 3D Representation and their exploitation, assuming all related responsibilities.

11.4.                 This disclaimer does not allow in any case the use of the 3D Representation, of the images and of the portrait reproduced in it in contexts or in ways that could damage the User's honour, reputation and decorum.

 

  1. Miscellaneous

12.1.                 IGOODI reserves the right to modify these T&Cs at any time by sending appropriate notice to the User.

12.2.                 These T&Cs are governed by Italian law.

 

  1. Online dispute resolution for Users-consumers

13.1.                 The User, as a consumer residing in Europe, should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the User-consumer to resolve in a non-judicial way any dispute relating to and / or arising from contracts for the sale of goods and services concluded online. Consequently, the User-consumer can use this platform to solve any dispute arising from the online contract stipulated with IGOODI.

The platform is available at the following address: https://ec.europa.eu/consumers/odr/