General conditions of the services offered by replo.com

Preambles

The following general conditions of contract (“General Conditions” or “Contract”) are applied to all the services (“Services/Service”) supplied via the website replo.com (“Replo” / “Site” / “Service”) belonging to the company Cubica srl, with registered offices in Milan at Viale Bligny 45 20136 (“Cubica “) for which different and express general conditions are not provided for upon user (“User/Users/Client”) registration or upon the first provision of Services;

Cubica reserves the right to change the terms of use without prior notice. All new features released within Replo will be subject to these terms. The use of Replo and its features entail implicit acceptance of these conditions. These updated conditions are visible at http://www.replo.com/terms

The General Conditions are subject to the applicable provisions of Legislative Decree 185/1999 regarding the protection of consumers in distance contracts.
In particular, the Users have the right of cancellation at any time via the special procedure provided for on the Site.

Violation of the terms of use will result in the closing of the client’s account without reimbursement.

The preambles are an integral part of the General Conditions.

Terms of Services

Replo’s services are supplied by Cubica after the advance payment of a user fee. Cubica has the right to suspend, interrupt and/or change the provision of Services to the generality of Users, even definitively and at any time without prior notice. Cubica will refund the fees already paid for the period not used.

Cubica has the right to definitively interrupt the provision of Services to the single User without prior notice in the following cases:
(a) Current, complete, true and correct personal information is not given or has not been given;
(b) The Services are used or have been used illegally or for illegal purposes or have been used in a way that Cubica deems incompatible with the nature of the Services provided, (such as, without limitation, the transmission and/or exchange of viruses; spamming or junk mailing; transmission and/or exchange and/or disclosure of illegal material or material with racist, slanderous, defamatory, threatening, vulgar or obscene contents);
(c) The User violates or has violated the General Conditions or the special terms and conditions that are applicable to a Service.

The User undertakes to use Replo’s Services only for legal purposes and in any case in compliance with legal provisions regarding the protection of personal data and intellectual property. Moreover, the User undertakes to indemnify and hold Cubica harmless from any claim or demand arising from the use or misuse of the Services.

Warranties and Liability

The User acknowledges to be the sole person responsible for any and all information, messages, text, software, data, sound, music, photography, graphics, video and other material communicated, disclosed or made available through the Services provided by Cubica and undertakes to indemnify and hold Cubica harmless from any third party claim and/or allegation resulting from their contributions;

The User is responsible for maintaining the password assigned upon registration and the user identification needed for the use of certain Services confidential and undertakes to indemnify and hold Cubica harmless from any claim or allegation coming from any party resulting from the use or misuse of the Services by third parties through the use of the User’s password;

The User acknowledges that the use of the Services is for his/her own interest and at his/her own risk. With the exception of the continuity of the service and its specific operation, there is no guarantee on the adequacy to achieve any goal or objective.

For no reason may the Client demand reimbursement exceeding the amount of the last fee paid and not entirely used.

Furthermore, Cubica declines all liability for direct or indirect damage, claims or losses caused to the User for the lack and/or defective functioning of the User or third party’s electronic equipment, telephone and/or telematic connections that are not directly managed by Cubica or by people who must respond to Cubica;

Purchase and Payments.

The purchase of the service takes place through the prepayment of monthly usage. The methods of payment are those accessible through the service and indicated on the website, except for different agreements directly made between the User and Cubica.

All charges will be due on the date on which the User submits the order. A monthly late charge of one point five per cent (1.5%) (or the lower rate if a higher rate is required by law) may be applied to outstanding payments from the payment expiry date until complete payment. The Client will be responsible for all expenses (including legal expenses) that have reasonably been incurred by Cubica for the collection of unpaid or delinquent amounts, except for the cases in which these amounts result from billing inaccuracies attributable to Cubica. Unless otherwise stated, all payments owed are expressed in Euro.

The Customer shall pay Cubica the charges for the amount and as per the terms specified in the Offer, without the application of any taxes or discounts on the same. The Client shall pay any taxes, including including taxes on sales, use, personal property, value-added or consumption, custom duties, import charges, stamp taxes or other taxes and amounts applied by state agencies of any kind in relation to all transactions carried out pursuant to this Contract, including interests and penalties, but specifically excluding taxes base on Cubica’s net income. If Cubica has a legal obligation to pay or collect such taxes, the relative amount must be invoiced to the Client and paid by the latter, unless the Client does not supply Cubica with a valid tax exemption certificate authorized by the appropriate tax authorities.

Italian law, to which reference is made for all matters not expressly provided for herein, shall govern any matter related to the formation, validity, interpretation, implementation, modifications and termination of these terms.

Privacy Policy

Pursuant to and for the effects of article 13 of Legislative Decree 196/2003 (Privacy Code), we inform you that the company, Cubica Srl, with registered offices at v.le Bligny 45, 20136 Milan (hereinafter referred to as “Cubica “), in the person of its pro-tempore legal representative, processes the data supplied, as the Data Controller, for the purposes and according to the methods indicated below. You may be informed on the names of the Data Controllers by sending a request to the address indicated above, to the attention of the legal and administrative offices.

Purpose: the information collected will be processed to

- Allow for implementation of services related to Replo’s website
- Supply commercial information relative to the activities carried out by Cubica or by partners of the Replo website.

Method: the data will be processed in compliance with current legislation in the field.

Sharing and diffusion of data: the data collected will be used for the purposes referred to above and will be shared only if explicitly authorized by the user or to subjects for which the disclosure is mandatory in order to fulfill legal obligations.

Rights of the interested party: pursuant to article 7 of the Privacy Code, the interested party may obtain confirmation of the existence or otherwise of their data at any time and be informed on the origin, verify the accuracy, ask that the data be integrated or updated and/or correct or cancel the data by using the instruments made available on the Replo website or by sending a request via registered mail to Cubica Srl, to the attention of the administrative and legal offices.