These Terms and Conditions of use set out the agreement between you (hereinafter You or the User) and VOX S.p.A. with registered office in Perugia, Via Pievaiola n. 21, fiscal code and number of registration No. 2549200547 (hereinafter Vox, We, Us or Our) and apply to the use of the Popguide software application program for mobile devices (hereinafter Popguide App or the App) and our website www.popguide.me (and other website pointing to the website www.popguide.me and subdomain thereof) (hereinafter the Website), (hereinafter collectively the Service). These Terms and Conditions of Use are referred to hereafter as the Agreement. By accessing and/or using the App and the Website You agree to the Terms and Conditions of this Agreement and to the Privacy Notice accessible on Vox Website at popguide.me/legal/privacy (hereinafter the Privacy Notice).
1. The limited license
Vox grants You with a non-exclusive, non-transferable and revocable limited license to access and/or use the Website and the Popguide App, subject to these Terms and Conditions and Privacy Notice. You are responsible for obtaining access to the Service and that access may include third party fees such as Internet service provider costs or any other cost. You are allowed to use the Service for personal non-commercial use only and You agree to use Your Account only for personal use and to not authorize others to use Your Account.
2. Conditions of sale on www.popguide.me
On the Website You will have to access an online dashboard on the Website (hereinafter the Purchase Form) where You will be required to identify Yourself by filling the relevant personal data, email address and Your payment card details to complete the purchase process. Vox uses a third-party payment platform, Stripe, to enable process payments made by You. The processing of payments will be subject to Stripe’s terms, conditions and privacy policies, in addition to this Agreement. You expressly understand and agree that Vox shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Vox shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe. Vox cannot be held liable for loss or damage from error or invalid transactions processed with Your Stripe account, including but not limited to transactions that were not processed due to a network communication error, or any other reason.
In the Purchase Form the User is able to select the type and amount of Digital Content, individually or combined with a selected amount of travel tickets, between those available. By purchasing the Digital Content, individually or combined with travel tickets, You agree that You are submitting a binding offer to Vox and a contract will be considered concluded once we send You a confirmation email (hereinafter the Confirmation Email), that will provide You a document (hereinafter the Voucher) showing the username and password (hereinafter the Login Details) and a QR access code (hereinafter the QR Access Code) that, individually and collectively, will enable You to access the App, the Digital Content of the purchased audio guide available therein and to collect Your travel tickets. You hereby expressly agree that the supply of the Digital Content at Your email address and the performance and execution of Vox’s Service begins immediately after such Confirmation Email is sent or You are provided with the Login Details or QR Access Code. The Digital Content, individually or combined with travel tickets, is not returnable or refundable. The Voucher will be valid to access the App the Digital Content contained therein a limited number of times equivalent to the amount of Digital Content and/or travel tickets purchased. Once the User has accessed to the Digital Content on a mobile device, the use and download of the Digital Content will be limited only on this specific mobile device. You understand that in case you select to logout from the App, You will no longer be able to access the App and its Digital Content. Furthermore, You hereby understand and agree that the Voucher, provided by us or by third parties, must be used within 1 (one) year effective as of the date of purchase of the Digital Content. Such end-term is mandatory and once expired You acknowledge that You will lose the right to access the Service and to the purchased Digital Content.
The Voucher will provide You the right to collect the travel tickets at the available selected agencies, such as bureaus of exchange, tobacco shops, travel agencies, offline retailers, authorized by Vox and listed in App and/or in the Voucher. The agency will require You to show the Voucher and has the right to verify the validity of it, including but not limited to performing checks through the use of the App, tools and other software. The agency may not release the travel tickets in case of invalidity of the Voucher, unreadable Voucher and impossibility to perform the validity checks.
3. The Popguide App
You can download the Popguide App compatible with Your mobile device’s operating system as an in-app purchase through the Apple App Store or Android App Store and the app can be downloaded on such platforms free of charge. The free version of the App may vary across different platforms and Vox reserves the right to change the prices without prior notice. The App is available only for iOS mobile device’s operating system from version 4.1 and Android mobile device’s operating system from version 8. You will need a supported Web browser to use the Website, access the App and download the Digital Content. You acknowledge and agree that Vox may cease to support a specific Web browser and that Your continuous use of the Website and App will require You to download a supported Web browser. We may modify or terminate the App from time to time, for any reason and without notice. You may not be able to access the App after 1 (one) year following the download of the App from the App Store.
The availability of the Digital Content in different languages is limited to the languages available at the moment of the purchase. We reserve the right to modify and/or terminate the available languages at our sole discretion, at anytime and without prior consent. After having accessed the App, the Digital Content can be downloaded once only in 1 (one) language that You will be required to select before You start the download of the Digital Content. You may be able to cancel the Digital Content from Your App and to re-download on the same App and mobile device in a different language between those available.
You must be eighteen (18) or over to execute purchases on the Website. By using the Website and/or the App You represent and warrant that You have all the necessary rights, authority, and capacity to enter into this Agreement in compliance with the applicable laws. By entering in this Agreement You further represent and warrant that all the purchase information submitted is truthful and accurate and that You agree to maintain the accuracy of such information. Your access to the App may be terminated at any time without prior notice, if You provide any information, which is untrue, inaccurate, not current or incomplete. You are responsible for maintaining the confidentiality of Your information, including Your password, in respect of any account on the Website and all liability relating to the Login details management resides with You and under no circumstances, including negligence or misconduct, shall Vox be liable for any damages that result from the use of the App. The App is not intended and not suitable for the use of children without direct adult supervision and Vox will not be held responsible for the use of the App in breach of such provision.
6. Intellectual property
The Digital Content and the information contained in the App and Website and its services and features (including, but not limited to communications, disclaimers, data, information, text, audio, images, graphics, video, software, processes, code or other material), as well as the platforms used to provide such Content, is proprietary and subject to intellectual copyrights of Vox. You agree not to otherwise modify, distribute, decrypt, perform, copy, reproduce, transfer, transmit, display, publish, license, create derivative works from, or sell or re-sell any information, software, products or services obtained by or through the App and the Website. The App and Website may also display and contain content specifically provided by third parties. In this event, the proprietary rights and the intellectual property rights to such content belong to the relevant content owners and may be protected by copyright, trademark or other applicable law and intellectual property rights and laws and may be subject to the conditions of use set by the third party providing it. These Terms and conditions provides You no rights to use such content or any guarantee to have such content at Your permanent disposal.
You explicitly acknowledge and agree that the Service and any services and features provided or accessed You via the App and the Website are used with the scope permitted by the valid legislation ns solely at Your own risk. Vox represents and warrants, and the User acknowledges, that Vox is fully entitled to license the use of the App in accordance with this Agreement. The Service and the App are provided on an “as is, as available” basis. Vox does not grant the User with any warrant, express or implied, without limitation, warranties on the Digital Content You access through the App and the website, what effects the Digital Content may have on You, how You may interpret or use the Digital Content, including those caused as a result of Your reliance on the information provided. Vox will not be responsible or liable for the accuracy, copyright compliance, legality or decency of the material provided or accessed through its Service, App and Website. Vox does not provide any guarantee against infringement on Popguide software possession, nor does it guarantee that Popguide software operation will be error-free, interrupted and permanently available, that any Popguide errors would be fixed or that the Popguide Software would be compatible or would operate with any device, software, applications and services. We may use third parties to provide data on which the transport information and recommendations provided by the App are based. All travel and transport times are only estimates, as real journey times are dependent on external factors out of Vox’s control. Furthermore, we may use localizations services by third parties and bears no responsibility for third accuracy and availability. Vox does not warrant that the features and services displayed and described in the App will be secure or available at any time or location. The travel tickets will be subject to the terms, validity and user conditions of the transport company and we cannot be held responsible for any conditions they apply, impose or change.
You acknowledge that the App is not intended or suitable for use in situations, destinations and environments in which a failure, a delay, error or inaccuracy of content, data or information provided by Vox via the App may result in danger, death, injury or serious detriment to health and we exclude all liability for any action You my take or loss or injury You may suffer as a result of relying on any information available through the App. Vox does not represent or warrant that moving in such destinations and environments is advisable or without risk and is not liable for damages or losses that may result to move and travel in such destinations and environments. The App may contain advertisements of and links to external websites operated by parties other than Vox. Vox does not control such websites and is not responsible for their contents, their availability or accuracy. You agree that Vox will not be liable or responsible, directly or indirectly, for any loss suffered or alleged to be suffered in connection with Your use of or reliance upon such content, advertising, products, services or other resources made available by such external websites. In addition, You hereby understand and accept that we are not responsible or liable in anyway for (or in connection with access of) any content, services and other functionality provided by third parties, which You or we access in connection with the App. All content is the sole responsibility of the person who originated such content and Vox does not guarantee the authenticity of any content or data that third party may provide through the App.
8. Liability Limitations
In no event shall Vox be liable to You or any third party for any damages direct, indirect, special, consequential, punitive and/or incidental, including lost of profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, or for any damages arising out of, or in anyway connected with, You access and use of the Service, Website and App. You release Vox from all liability arising out of or relating to the conduct of You or anyone else in connection with the Service. Under certain circumstances, the App may distract You or cause You a dangerous situation; Vox assumes no responsibility for the User’s safe movement while moving in the public space, walking, driving, cycling and using public transportation. By using the App You agree to assume responsibility for respecting the rules of traffic and public transportation. If specific circumstances do not permit You a safe use of the App, You should not use it or continue to use it. Vox has put forth all necessary efforts to ensure that all descriptions of the products and services listed in the Website and App are up to date. Vox assumes no responsibility in case of incorrect information related to the Digital Content including, but not limited to, availability, opening hours and quality of any service offered by third parties. In no event shall Vox be liable and responsible in case of unavailability of pedestrian sidewalks, absence of hindrances, public transport lines suspension or changes, change of a route, traffic deviation, impossibility to walk a route or any other inaccuracy that may occur, such as traffic deviation, closure of a road or the information provided is different from other information provided by other sources.
9. Governing Law and exclusive jurisdiction
This Agreement is governed by and shall be construed according to Italian legislation and applicable law. All disputes relating to the interpretation, validity or performance of this Agreement shall be assigned to the exclusive competence of the Court of Milano.
The provisions of the Service may be terminated at any time, for any reason and without prior notice by Vox, at its sole discretion. We reserve the right to modify these Terms and Conditions from time to time without prior notice.
11. Contact information
Please send any comment or question regarding the Terms and conditions of use contained in this Agreement, by email using the following address: firstname.lastname@example.org