Terms and Conditions
TERMS AND CONDITIONS (online)
"Mapo Tapo" Website www.mapotapo.com is the exclusive property of Mapo Tapo S.r.l., with registered office in Milan, 20129, Viale Piceno 6, VAT number 11336700965 (hereinafter, Mapo Tapo). The Terms of Use must be considered in conjunction with the Privacy Policy.
Mapo Tapo operates as a Tour Operator and organizes the Experiences made available to users on the Website with domain www.mapotapo.com (hereinafter, the "Website") and any subdomains of which Mapo Tapo has exclusive ownership. These Terms of Use (hereinafter, T&Cs or Terms of Use), govern the access to and use of the Website through which users, as defined below, can view and book tour packages concerning, in particular, the performance of sporting activities (including extreme) with particular regard to climbing excursions (hereinafter, the "Experience").
By using the Service, as defined below, the User accepts these Mapo Tapo Terms of Use. The Service rendered by Mapo Tapo and the use of the Website and Platform, as defined below, are subject to the application of these Terms of Use and any other rules or policies posted by Mapo Tapo on the Website. In the event of disagreement with respect to any terms or conditions or subsequent modifications thereof, or in the event of dissatisfaction with the Services offered by Mapo Tapo, the User has the option, respectively, not to accept these Terms of Use and to discontinue use of the Services offered by Mapo Tapo or to immediately discontinue use of the Mapo Tapo Platform.
1 Definitions
Contents: (i) files containing text, images, audio and/or video recordings, data and/or information organised in a database and in any case all files, documents and/or information in any format made available by the Users and that Mapo Tapo makes available through the Platform, or the Services, including any Content licensed by a third party; (ii) files containing text, images, audio and/or video recordings, data and/or information organised in a database and in any case all files, documents and/or information in any format are transmitted, copied, sent, made available to the Users of the Platform also by the Users themselves. In particular, this definition includes all images, videos and digital material of any kind that represents the User during the Experience and the performance of the activities planned therein.
Terms of Use or T&Cs: what is provided for and stipulated in this document.
Personal data: all personal information related to each User, including the name of the person, address and telephone number, possibly collected through the Platform.
Price: amount paid by the User to the Tour Operator through the Platform for booking and purchase of the Experience.
Website: the domain mapotapo.com, including any subdomains and any URLs linked to them.
Platform: area of the Website that allows Users to book the chosen Experiences, upon access with the Authentication Credentials, as defined below.
User: all natural or legal persons accessing the Platform
Experience: tourist packages concerning, in particular, the performance of sports activities, including extreme ones and with special emphasis on climbing and outdoor sports excursions made available through the Mapo Tapo Platform.
Partner: any professional entity that organizes the tour packages in the name and on behalf of Mapo Tapo, with the right to transmit data about the User to another professional in accordance with the needs of organizing and managing the Experience;
Service: the activity carried out by Mapo Tapo through the Website and Platform so that the User can view and book Experiences.
1.2 Depending on the context, the meaning of a term used in the singular includes the plural, that of a term used in the masculine includes the feminine, and vice versa.
2 Platform description
2.1 Mapo Tapo through its activity promotes outdoor sports tourism. The Service is carried out through the Website and the Platform through which Users have the opportunity to learn about the Experiences made available by Mapo Tapo, both in Italy and abroad. Through the Platform, Users have the possibility to book one or more Experiences organized by Mapo Tapo and, sometimes, with the help of the different Partners and to know the total Price charged for the single Experience. It is understood that Mapo Tapo has no control over the conduct of Users in using the Website and the Platform and consequently any liability of Mapo Tapo is excluded.
3 Privacy
The User acknowledges that he or she has read Mapo Tapo's Privacy Policy, available at www.mapotapo.com/privacy-policy, as amended from time to time; this Policy governs Mapo Tapo's acquisition and use of the User’s Personal Data.
4 User Account
To take advantage of the Experience Booking Service, each User must first register with the Platform by creating a User Account and providing relevant personal data. Users are required to self-certify that they are over 18 (eighteen) years old at the time of their registration with the Platform.
In particular, the User, at the time of creating the User Account, is required to provide the information requested in the registration form, which may include, but is not limited to, the following:
When filling out the registration form, the User must indicate an e-mail address (whose uniqueness will be automatically verified by the system) and choose a password. The 'e-mail provided together with the password, will constitute the User's Authentication Credentials.
The Authentication Credentials of each User are personal, confidential and non-transferable.
It will be the User's responsibility to ensure that the information and any documentation provided when registering for the Platform and creating the Account is, from time to time, up to date, not expired and in any case suitable for the purposes of identifying the User.
The User agrees not to provide any incorrect or false information. In any event, Mapo Tapo shall in no event be held liable for the incorrectness or falsity of the information communicated by Users.
Each User agrees to use only and exclusively his/her initially created Account, regardless of whether it was registered under his/her own identity or under that of a third party. Under no circumstances may the User use the Account of a third party. Any exception to this rule must be explicitly requested by the User to Mapo Tapo. The User may then proceed only against explicit and specific authorization from Mapo Tapo. In the absence of such explicit authorization, the creation or use of new accounts under one's own identity or that of a third party may result in the immediate indefinite Suspension of the User's accounts.
As an alternative to the above enrollment method, the User will have the option to enroll in the Platform through the use of their Google account.
4.1 Account Cancellation/Suspension and Ban
The User is required to comply with these T&Cs, any warnings reported on the pages of the Website and any other obligation deriving from current legislation, as well as maintaining careful and responsible conduct at all times in particular with regard to the practice of dangerous sports. In the event of violation by the User of one or more of these provisions, Mapo Tapo reserves the right, at its discretion, to proceed with the Cancellation, Suspension and / or Ban (as defined below) of the Account of the aforementioned User. It is understood that the violations can also be learned through one or more reports sent by other Users.
Account Cancellation: The individual User's Account is completely removed from the Platform and any data concerning the User is deleted. Therefore, following cancellation, Mapo Tapo will no longer be in possession of any data communicated by the User during the registration and account creation phase.
Account Suspension: the User maintains his own personal Account as well as being able to access the Platform. However, the User will be prevented from using the Services offered on the Platform.
Account Ban: the User Account will be completely blocked in all its functions without, however, being removed and / or cancelled. In this way, Mapo Tapo will be able to prevent the User subjected to Ban from creating a new User Account by reusing their credentials and proceeding to use the Services again. It is understood that Mapo Tapo will use the data and personal information of the User subjected to the Ban only and exclusively to the extent strictly necessary to make the Ban effective and to monitor (and prevent) any attempts to reopen User Accounts by the subject to Ban.
In any case, the User retains the right to proceed independently and at any time to cancel their Account if they do not wish to continue using the Services and the Platform.
5 Booking
Following the creation of the User Account, the User will be able to proceed to use the Service and to book and purchase one or more Experiences on the Platform where all the information about the Experiences will be available. Once the Experience in which the User wishes to participate has been identified, the User will proceed to submit his/her request to book and purchase the Experience through the Platform.
The User, when purchasing the Experience, is required to provide the information indicated in the booking form which may include, but is not limited to, the following
1 First and last name
2 Telephone number
3 Address
4 Fiscal code (for Italian citizens)
It is the User's responsibility to ensure that the information and documentation provided at the time of booking the Experience is, from time to time, up to date, not out of date and in any case suitable for the purposes of booking the Experience. If the User is prevented from participating in the Experience due to the lack, even in part, and/or unsuitability of such documentation, Mapo Tapo shall not be liable in any way and shall not be obliged to refund the Price or provide compensation.
Mapo Tapo communicates the reservation of the Experience by sending an email to the email address provided during the Reservation process containing all information about the booked Experience and provides for the sending of the tourist package Contract which, with said communication, is considered concluded.
Thereafter, the Experience will be confirmed by Mapo Tapo to the User by sending a further email and the User can check whether or not the Experience has been confirmed at any time by checking the status of the Experience status tag. It is understood that until such time as the Experience is confirmed, Mapo Tapo will not be held liable for any costs outside the Platform incurred by the User.
Prior to the conclusion of the booking and purchase of the Experience, the User is obliged to confirm that he or she has read these T&Cs, the Data Sheet, the Standard Information Form, the Document of Indemnification provision and the Platform's Privacy Policy, which he or she explicitly declares to approve.
It is understood that the User has the possibility to book only one Experience at a time through the Platform. Therefore, given the nature of the Experiences, it will not be possible to make a single Reservation involving several Experiences. It is understood that the single Experience may constitute a "package" insofar as various services will be included in the realisation of the entire single Experience (i.e. transport, accommodation, sports activities and the like).
Before the User completes the booking process, the User will receive all necessary information regarding the Experience as outlined in the relevant Standard Information Form (Annexes to Legislative Decree 79/2011).
The reservation of the Experience is concluded
with the payment of a deposit by the User in the amount of 33 (thirty-three) % of the Experience Price, by the alternative methods of bank transfer, debit or credit card
or by payment by the User of the full amount of the Experience Price by means of the alternative methods of bank transfer, debit card or credit card.
Should the start date of the Experience fall within 60 (sixty) days from the date of reservation, the User will in any case be required to pay the Experience Price in full.
After completing the booking of the Experience, The User must ensure that the Experience is confirmed by Mapo Tapo upon receipt of an email from Mapo Tapo and by verifying on the Website that the Experience status tag is "confirmed" before arranging transportation (which shall be the User’s sole responsibility).
Please note that Mapo Tapo may or may not confirm the Experience within 2 (two) weeks from the date of departure.
6 Withdrawal
In accordance with Directive 2011/83/EU and Article 52 of Legislative Decree 2005, n. 206 (hereinafter, the Consumer Code), the User who purchases a product or service at a distance and away from the business premises of the trader, has the right to withdraw within 14 (fourteen) days from the conclusion of the contract, receiving a full refund. However, given that the Experience falls within the scope of application of the regulations concerning the Tourism Code, this circumstance constitutes a hypothesis of exclusion of application of the right of withdrawal as provided for under Article 47, co 1 lett. g) of the Consumer Code.
It is understood that the User may withdraw at any time prior to the commencement of the Experience, upon reimbursement to Mapo Tapo of the cancellation fees incurred (hereinafter "Cancellation Penalties"), the amount of which the latter shall provide justification for to the traveler who so requests.
The Cancellation Penalties incurred by Mapo Tapo and payable by the User in the event of withdrawal (pursuant to Article 41 of Legislative Decree 2011/79), are commensurate with the notice provided by the User with respect to the start date of the Experience and, in particular, determined at a flat rate as follows:
in the event of cancellation by the User in a term of less than 60 (sixty) days prior to the date of departure of the Experience: the User shall not be entitled to any type of refund from Mapo Tapo. In the event that the reservation of the Experience was made after March 13, 2024, the User may request a refund of the Cancellation Penalties applied to Europ Assistance according to the conditions applied by Europ Assistance and indicated at the following link mapotapo.com/travel-insurances
in the event of cancellation by the User in a term prior to 60 (sixty) days from the date of departure of the Experience: the User may request a Voucher, in an amount equal to the amount paid at the time of Reservation; the Voucher may be used by the User for other Experiences within the maximum period of 1 (one) year from the date of the first payment made at the same time as the Reservation of the Experience subject to withdrawal. Alternatively, but only in the event that the reservation of the Experience was made on or after March 13, 2024, the User may request a refund of the Cancellation Penalties applied to Europ Assistance according to the conditions applied by Europ Assistance and indicated at the following link mapotapo.com/travel-insurances
Notwithstanding the foregoing, the User shall in any event have the right to withdraw from the Experience, prior to its commencement, without paying the aforesaid Cancellation Fees and being entitled to a full refund of the Price if unavoidable and extraordinary circumstances occur at or in the immediate vicinity of the place of destination and which result in a substantial impact on the performance of the Experience or on the User's transportation to the destination. It is understood that, upon the occurrence of such circumstances, the User shall be entitled to a refund of the Price only, without being entitled to claim any further sum by way of compensation. The refund of the Price will be implemented by Mapo Tapo issuing to the User a Voucher of the amount paid by the User, valid for the purchase of other Experiences and to be used within a maximum period of 1 (one) year from the date of the first payment for the Experience subject to withdrawal..The right to withdraw from the Experience is also allowed to Mapo Tapo, subject to the full reimbursement of the Experience to the User through the issuance of a Voucher, valid for other Experiences to be used by the User within a maximum period of 1 (one) year from the date of the first payment for the Experiences subject to withdrawal; said Voucher shall be equal to the amount paid by the User for the Experience without, however, obligating Mapo Tapo to pay any further sum by way of compensation.
The right to withdraw from the Experience is also allowed to Mapo Tapo, subject to the full reimbursement of the Experience to the User through the issuance of a Voucher, valid for 2 (two) years from the date of issuance, equal to the amount paid by the User for the Experience without, however, being obligated to pay any further amount as compensation.
In exceptional circumstances such as cases of the guide's illness, bad weather, or unconfirmed travel within the period of 2 (two) weeks before the scheduled departure, Mapo Tapo will propose to the User one of the following alternatives:
guide’s replacement with another guide with equivalent certification;
alternative tour: replacement of the agreed itinerary with another of similar or equivalent level of Experience,
Tour postponement of the Experience: the Experience is postponed to a later date in agreement with the participants and the guide;
cancellation: Mapo Tapo will reimburse the Experience to the User through the issuance of a Voucher in the amount equal to the Experience Price paid by the User through the issuance of a Voucher (valid for other Experiences to be used by the User within a maximum period of 1 (one) year from the date of the first payment for the cancelled Experience without, however, being obligated to pay any additional amount as compensation.
In the event of replacement of the guide, alternative tour and tour postponement of the Experience, the User has the right to request a refund of the Experience Price by notifying Mapo Tapo via email at hello@mapotapo.it; in such circumstance, the refund will be made through the issuance of a Voucher by Mapo Tapo, valid for other Experiences to be used by the User within a maximum period of 1 (one) year from the date of the first payment for the unused Experience , equal to the amount paid by the User for the Experience without, however, obligate Mapo Tapo to pay any additional amount by way of compensation.
6.1 Assignment of Experience to another User
In the event that a User who has purchased an Experience is prevented from taking part in it for serious and exceptional reasons (hereafter, Assigning User), the latter shall be entitled to assign its Experience to one other User (hereafter, Assignee User). The Assigning User must promptly notify Mapo Tapo of its intention via the Platform within the terms set out in paragraph 6.1 above. Following such notice, Mapo Tapo shall inform the Transferring User of all costs and expenses related to the transfer of the Experience, in respect of which both the Transferring User and the Transferee User shall be jointly and severally liable.
Other than as provided in this article, it is understood that the User is prohibited from assigning, reselling and/or profiting in any other way from the Experience.
7 The Service
Mapo Tapo operates as a tour operator and, through its Platform, allows the User to view and book Experiences. It is understood that Mapo Tapo cares about the health and safety of its Users. Therefore, each Experience made available on the Platform is organised in compliance with the applicable legal safety regulations, which the instructors and experts working for Mapo Tapo are obliged to respect.
It should also be noted that included in the Package for Users are both the insurance policy with reference to any damages and injuries occurring to Users in connection with the Experience and - for Experiences booked on or after March 13, 2024 - the medical & luggage and trip cancellation insurance policy of Europ Assistance, according to the conditions indicated at the following link mapotapo.com/travel-insurances.
The User can consult the details of the insurance policies at the link mapotapo.com/travel-insurances and is responsible for reviewing the terms and conditions of the insurance coverage and for assessing whether they meet his or her needs.
It is understood that Mapo Tapo declines all liability for damages and accidents occurring to the User which are the responsibility of the latter insofar as they are made in defiance of and contrary to the instructions given by Mapo Tapo's guides or operators and, in any case, which are contrary to ordinary diligence.
8 Payments
Mapo Tapo makes the Platform available to the User, in order to find out about and book an Experience at the pre-established Price. Therefore, there is no possibility for the User to customise the Price. Mapo Tapo will clearly state the Price of each individual Experience on the Platform, with updates and indications about the specifics of the Experience trip (i.e. mode of transport, accommodation, meals, planned sports activities, etc.).
After identifying the desired Experience, the User can add it to the desired products via the "Book" option. The User will then choose one of the available dates and can proceed to check-out.
Upon check-out, the User will be required to pay 33% of the full Price as a deposit and the full Price if the Experience starts within 60 (sixty) days thereafter, and the User is always free to choose to pay the full Price immediately; following the aforesaid payment, the purchase procedure ends with the receipt of a confirmation email from Mapo Tapo, confirming the successful booking of the Experience, with all the details of the trip.
The Price is indicated on the Platform in relation to each Experience and at the time of check-out. Should the Price change, Mapo Tapo will promptly notify the User no later than 20 (twenty) days before the start of the Experience. The aforesaid change in the Price may be up to a maximum of 8% with respect to the initial Price indicated on the Platform and only and exclusively if there has been a change in the Price with respect to the following items
● transport costs;
● fees and taxes on certain types of tourist services such as taxes, landing, disembarkation or embarkation fees at ports and airports
● exchange rates applied to the booked Experience.
Information on accepted payment methods is made available during the purchase process.
Some payment methods may be available at different conditions or rates and at a higher cost to the User. In these cases, the relevant information is available in the relevant section of the Platform.
All payments are processed independently through third-party services. Therefore, Mapo Tapo does not collect any information about the payment details - e.g. credit card details - but only receives a notification from the operator after the payment has been successfully completed.
For payment, to be made by credit or debit card, the User may take advantage of the service offered by a third party, through the Platform whose security is guaranteed by the company Rezdy Pty Limited by means of their own debit or credit card, or by connecting to the Platform and following the instructions therein.
It is understood that Rezdy Pty Limited will apply its own terms and conditions when handling payments.
The User will also have the option of making payment for the Experience by bank transfer, subject to a specific request in this regard from the User. In this case, bank details will be managed and processed directly by Mapo Tapo.
In case of production and forwarding of tax and accounting documents (including receipts, receipts, invoices and any other equivalent document, however denominated) Mapo Tapo will use only and exclusively the data provided by the User at the time of registration or those available in the User's Account details. The User agrees to provide correct, valid and updated information and not to provide any incorrect or false information. In any case, Mapo Tapo cannot in any case be held liable for the incorrectness or falsity, whether culpable or fraudulent, of the information provided by Users, who will be held solely and exclusively responsible for the data provided and subsequently proved to be incorrect or false.
9 Fees
Users are solely responsible for all Taxes related to the Experience, which cannot therefore be charged to Mapo Tapo in any way whatsoever.
10 Responsibilities of Mapo Tapo
10.1 Exclusion of guarantees
The User agrees that the use of the Platform and the Service provided by it is entirely at his own risk and responsibility. The Platform and the Service provided by it are provided on an "as is" and "as available" basis, without warranty and/or liability of any kind. All express and implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose are expressly disclaimed to the fullest extent permitted by law, and to the same extent, Mapo Tapo disclaims all warranties for the security, reliability, timeliness, accuracy and performance of the Platform.
To the fullest extent permitted by law, Mapo Tapo also disclaims all warranties for other services or goods received through or advertised on the Platform as well as liability for the transmission of any computer viruses or other components that may damage the Website, the Platform and the Service.
10.2 Limitation of liability
Under no circumstances may Mapo Tapo be held liable for damages suffered by third parties or by Users, directly or indirectly, in connection with the use of the Platform or the Service, or resulting from any contract between the User and third parties. This exclusion of liability covers, but is not limited to, direct, indirect, incidental, special, exemplary and consequential damages, including but not limited to: loss of profits, loss of data or loss of goodwill; computer damage; cost of substitute products or services; any damages related to personal or physical injury.
The damages to which the limitation of liability refers may arise from: the use or misuse of the Website or the Service; the inability to use the Website or the Service; or the interruption, suspension, modification, alteration, or discontinuance of the Website or the Service.
This limitation also applies to damages incurred as a result of other services or products received through advertising or related to the Website or the Service or any link on the Website, as well as from information or advice received through or advertised on the Website related to the Service. These limitations shall apply to the fullest extent permitted by law.
11 Security and User Feedback
Mapo Tapo is not obliged to verify the exact identity of its Users nor can it confirm the identity of each User.
12 Content published on or through the Platform
12.1 Content Coming from Users
All Content posted on, transmitted through, or accessible via links from the Website is the sole responsibility of the User from whom such Content originates. The User is solely responsible for any Content posted, emailed or otherwise made available through the Website. The User understands that Mapo Tapo does not control and is not responsible for Content made available through the Website, and that by using the Website, the User may be exposed to Content that is offensive, indecent, inaccurate, illegal, or misleading.
12.2 Links to other Websites
In the event that the Website and Services contain links to third party Websites or resources, Mapo Tapo will not be responsible for: (i) the availability or accuracy of such Websites or resources; or (ii) the Content, products, or Services on or available from such Websites or resources. Links to such Websites or resources do not imply any endorsement by Mapo Tapo of such Websites or resources or the Content, products, or Services available from such Websites or resources. The User assumes sole responsibility and assume all risks arising from the use of such Websites or resources or the Content, products or Services on or available from such Websites or resources.
Mapo Tapo is also not responsible for the privacy policies or practices employed on other Websites outside of its Website When a User of the Website clicks on a link that directs to another Website, the User is responsible for reading the privacy policies of that other Website.
12.3 User Authorisation
Notwithstanding the foregoing, Users irrevocably authorise Mapo Tapo, and/or other Users to whom Mapo Tapo grants such authorisation, to use the Content and any part or element thereof, without any restriction whatsoever, throughout the world, in perpetuity and for the duration of the legal protection as granted in any country in the world.
By way of example but not limited to, the aforementioned authorisation shall also include the right to
to publish, disseminate, communicate to the public and make available to the public in such a way that everyone may have access to it at the time and place individually chosen, in whole or in part, by any means and/or technology and in any manner (including interactive), currently known and/or developed in the future, the Contents through the Website
for the purposes of the foregoing, reproduce and modify the Contents in any way or form in order to comply with the technological constraints imposed by the Website's mode of operation
authorise other Users of the Website to reproduce the Contents in order to display them on their terminals using the Services and the Website.
The aforementioned rights are understood to be granted on a non-exclusive basis and therefore the User remains entitled to use the same Contents in any form or manner.
12.4 User Declaration
The User declares that he/she fully and legitimately owns all the rights relating to the Contents (by way of example but not limited to: copyrights, image and/or personality rights in general, trademark rights and other private rights, privacy rights, portrait rights, etc.) that he/she proceeds to publish on the Website.
The User expressly declares that where he/she is not the full owner of the rights to the Content to be published on the Website, he/she has been expressly authorised to dispose of the Content by the third party owner of such rights and is therefore fully entitled to grant authorisation to use the Content in accordance with the provisions of these Terms.
The User undertakes not to publish Content that
are false, obscene, pornographic, defamatory, or include racist, violent, offensive, harassing information, or incite to commit crimes or are otherwise illegal in Italy or in the place where the User uses the Services or the Website according to the applicable laws of the place;
violate the rules on the processing of personal data or the protection of trade secrets and confidential information;
presuppose the possession by the User of authorisations, rights or requirements required by law that he/she does not have;
infringe patents, trademarks, copyrights or other rights of third parties;
contain computer viruses or any program or software designed to interrupt, destroy, damage or even limit the functionality of any software, hardware or network equipment or the Services or the Website itself
are in any way harmful to Mapo Tapo, Users or third parties.
The User guarantees the good quality of the Content that he or she posts and the suitability of the same for their intended use.
13 Changes of the T&Cs
Mapo Tapo reserves the right, at its sole discretion, to modify the Platform or the Services, or to modify these Terms of Use by giving adequate notice at least 15 (fifteen) days in advance via the Platform, also updating the "Last Updated Date" at the bottom of these Terms. If after the notice of future modification and during the time prior to the effective application of the modifications, the User continues to access or use the Platform or Services, the User will be deemed to have implicitly accepted these Conditions as modified. If the User does not accept these changes, they must notify legal@mapotapo.com within the aforementioned period of time and cease all use of the Platform and Services.
14.Intellectual and industrial property rights
Subject to the provisions contained on Mapo Tapo's Privacy Policy, any Content transmitted to the Website by Users, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. In the event that Users own all rights with respect to such communications or Content, they expressly grant Mapo Tapo and its designated licensors a non-exclusive, perpetual, and worldwide license to copy, distribute, display, perform, publish, translate, adapt, modify, and or use such material for any purpose whatsoever, regardless of the form or means (now known or currently unknown) of use.
The User is prohibited from posting on the Website any information that is confidential or protected as intellectual or industrial property rights, unless otherwise agreed in writing with the holders of such intellectual or industrial property rights as well as Mapo Tapo.
15 Complaints Management
If a User of the Platform believes that the conduct engaged in by other Users is inappropriate and/or their intellectual or industrial property rights have been infringed, as well as their privacy, or there are technical malfunctions of the Platform, the User himself/herself, within 48 (forty-eight) hours of the discovery of the infringement, must immediately send a written notice to Mapo Tapo, at the e-mail address legal@mapotapo.com.
For said notice to be effective, the notification must include:
the handwritten or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that was allegedly infringed;
the details of the User that were provided at the time of the creation of the User Account in order to be able to correctly identify the User;
a detailed explanation of the malfunction or infringement and the reasons why it is believed that such infringement is inappropriate and/or detrimental to the rights of the User who is filing the complaint;
the User's personal information linked to the User Account alleged to have engaged in the infringement and/or unlawful conduct;
a statement that the complaining party declares that the information contained in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.
With particular regard to complaints regarding matters of intellectual or industrial property infringement, the User will also be required to disclose in the complaint:
the identification of the Content protected by copyright or trademark discipline that is alleged to have been infringed;
the identification of the material alleged to be the subject of infringing activity and information reasonably sufficient to enable us to identify the material;
a statement that the infringing party believes in good faith that the use of the material is not authorized by the copyright or trademark owner, its designated agent, or the law;
The User agrees that upon receipt of a notice of claim of infringement relating to intellectual property, Mapo Tapo may, in its sole discretion, decide to proceed with the immediate removal of the materials/Content identified on the Platform, without giving rise to any kind of liability or right to compensation to Users or third parties.
16 Indemnity
The User of the Website agrees to release, defend, indemnify and hold Mapo Tapo and its affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' and accounting fees, arising out of, or in any way related to:
Users' access to or use of the Website, Services or Content, or Users' violation of these Terms of Use;
the Content processed, transmitted, copied, posted, made available by the Users themselves;
any of the following actions performed by the Users themselves:
o interaction with any User;
o the request for a Service;
Mapo Tapo reserves the right, at its sole discretion, to arrange for defense with counsel of its own choosing, against any and all legal claims, lawsuits, or other causes of action requiring financial compensation brought by the User, without any objection by the User.
17 Relationship between the Parties
Mapo Tapo and Users are independent parties, each acting on its own behalf and for its own purposes. These Terms of Use do not create any subordination, agency, representation, association, intermediary, partnership, employment or franchise relationship between Mapo Tapo and any User of the Website.
Nothing contained in the Terms of Use, or Mapo Tapo's policies, or any other material may be deemed to constitute, create, give effect to, or otherwise recognize a corporation, agency, joint venture, or formal business entity of any kind, or to create a fiduciary relationship between the parties.
The rights and obligations of the parties shall be limited to those expressly set forth herein.
18 Applicable law and place of jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the Italian Republic.
All disputes regarding the validity, interpretation or execution of these Terms of Use shall be submitted to the exclusive jurisdiction of the Court of Milan.
19 Additional Terms
Mapo Tapo is not responsible for the relationships created between Users.
The sections of the clauses of the Terms of Use have a descriptive function and do not affect their interpretation;
The User accepts that the rights and obligations contained in these Terms of Use, as well as any other documents that are incorporated into them by reference may be freely and lawfully transferred by Mapo Tapo to third parties in the event of a merger or acquisition, or other event;
In any case, through the Platform, the Users undertake to comply with all national and international laws and regulations currently in force for the use of Mapo Tapo’s Services in relation to the activities carried out on the Platform by the Users themselves. No derogation to the present Terms of Use will be granted, without the written authorisation obtained and a new contract signed between Mapo Tapo and the User;
All communications to the Users’ attention will be sent to the email address provided at the time of registration on the Platform. Messages and notifications are considered received 24 hours after the email has been sent, unless a notification has been received indicating that the email address is invalid or not working.
Last update: 25 July 2024
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