Mapo Tapo - Terms and conditions

TERMS AND CONDITIONS (online)

"Mapo Tapo" website is the exclusive property of Mapo Tapo S.r.l., with registered office in Milan, 20123, Via Borromei 2, VAT number 11336700965 (hereinafter, Mapo Tapo). The Terms of Use must be considered in conjunction with the Privacy Policy.

Mapo Tapo provides an online space available to Users at the domain name https://it.mapotapo.com/ and any subdomains of which it has exclusive ownership. These terms of use (hereinafter, TU or Terms of Use), through which users, as defined below, can easily learn about tourist packages concerning, in particular, the performance of sports activities, even extreme ones and with particular with regard to climbing excursions (hereinafter, Experience) and book them.

Mapo Tapo collaborates with the company GLOBE INSIDE s.r.l. with registered office in 60022 - Castelfidardo (AN), Via C. Marx 60 -, VAT number 02628520344 in the person of the legal representative Mr. COCCIARINI MARCO (CCCMRC80L10E388T) (hereinafter, GLOBE INSIDE or Organizer), which operates as organizer and tour operator for the Experiences made available on the Platform. By using the Service, the User accepts the Mapo Tapo Terms of Use. The service provided by Mapo Tapo and the use of the Site / Platform, as defined below, are subject to the application of these terms of use and any other regulation or policy published by Mapo Tapo on the site. In case of disagreement with any term or condition or subsequent modifications thereof, or in the case of dissatisfaction with the Services offered by Mapo Tapo, the User has the right, respectively, not to accept these Terms of Use and to renounce the use of the Services offered by the Platform or immediately stop using 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.

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.

Site or Platform: the domain mapotapo.com, and any of its contents, including any subdomains, any URL or parts thereof.

User: all natural or legal persons accessing the Platform.

Experience: trip organized by GLOBE INSIDE and made available (pursuant to Art. 33, co 4 c) 2.4 Legislative Decree 23 May 2011, n. 79) through the Mapo Tapo Platform inclusive of all activities as described in the Platform.

Intermediary: a professional other than the Organizer who sells or offers for sale packages combined by an Organizer.

Organizer: any professional who combines tourist packages and sells them or offers them for sale directly or through or together with another professional, or the professional who transmits data relating to the User to another professional in accordance with the needs of the Service.

Service: the activity carried out by Mapo Tapo through the Platform with which the User can purchase the Experience from the Organizer. The Service consists solely of the supply of technology (i.e. of the Platform) and in no case can it be considered an intermediation of tourist packages and / or experiences as referred to in Legislative Decree 2011, n. 79.

Terms of Use or CU: as stated in the present document.

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 aims to spread and encourage extreme sports tourism in remote locations, to bring economic growth in a responsible way, respecting the environment and making local communities thrive. The Site and the Services include an online platform through which Users have the opportunity to find out about the trips made available by the Organizer, both in Italy and abroad, in which Users have the opportunity to carry out recreational and sports activities such as, by way of example, hiking or climbing. Through the Platform, Users have the opportunity to learn about and purchase one or more of the Experiences organized by GLOBE INSIDE and made available on the Platform, being able to know the total price requested for the entire Experience. It is understood that Mapo Tapo has no control over the conduct of Users on the Platform and excludes any liability in this regard within the maximum limits permitted by law.

3. Privacy

The User declares to have read Mapo Tapo's Privacy Policy, available at [.], as amended from time to time; this Policy governs the acquisition and use by Mapo Tapo of Users' Personal Data.

In particular, Mapo Tapo acknowledges and confirms that any processing of personal data resulting from the execution of the CU will be carried out only for purposes related to such execution or for other purposes for which the User or Mapo Tapor has given express and unequivocal consent, and in any case in compliance with the provisions of Legislative Decree 196/2003 and subsequent amendments, Legislative Decree 101/2018 and EU Reg. 679/2016.

In particular, the User declares to have been informed about:

a) the purposes and methods of processing for which the data are intended;
b) the mandatory or optional nature of the provision of data;
c) the consequences of any refusal to reply;
d) the subjects or categories of subjects to whom the data may be communicated and the scope of dissemination of such data;
e) the rights referred to in Articles 15 (right of access), 16 (right of rectification), 17 (right to be forgotten), 18 (right to limitation of processing), 20 (right of data portability) of the Regulation;
f) the name, business or company name and domicile, residence or head office of the data controller.

4. User Account

In order to register and use the service, each User must first create a User Account, providing personal data about him/her, which are essential for the proper functioning of the communication service between people. Users, by creating a User Account, certify that they are at least 18 years of age at the time of their registration.

In particular, the User, when creating the User Account, is required to provide the information requested in the registration form which may concern, by way of example and not exhaustively, the following:

1.  Identity Card;
2.  Passport;
3.  Driver License;
4.  Personal Insurance Policy (if present)

It is the User's responsibility to ensure that the information and documentation provided when registering on the Platform and creating the Account is, from time to time, updated, not expired and in any case suitable for the purpose of booking the Experience. If the User is prohibited from taking part in the Experience due to the lack, even if only in part, and / or inadequacy of the aforementioned documentation, the Organizer and Mapo Tapo will not be responsible for it, it being understood that in such cases any obligation to reimburse the Price or compensation for any reason is excluded.

When filling in the forms provided in the Platform, the User will provide an e-mail address (whose uniqueness will be automatically verified by the system) and the preferred password. The e-mail address together with the password will constitute the authentication credentials.

The User-Id will allow the identification of the User, as the subject to whom the activity or services requested on the Platform will be reported.

Authentication Credentials are personal, confidential, and non-transferable.

The User undertakes not to provide any incorrect or false information. In any case, Mapo Tapo cannot under any circumstances be held responsible for the wrong or false information communicated by Users, willingly, unintentionally or intentionally.

Each User undertakes to use only and exclusively the Account initially created, 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 exceptions to this rule must be explicitly requested by the User from Mapo Tapo. The User may therefore only proceed with an 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 under that of a third party may result in the immediate and indefinite suspension of the User's accounts or their definitive deletion.

4.1 Account Cancellation/Suspension and Ban

The User is required to comply with these TU, any warnings reported on the pages of the Site 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 canceled. 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 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 himself can proceed to use the Service and to book and purchase one or more Experiences. In this regard, the User, after logging in to the Platform through their User Account, will be able to receive all information on the Experiences in a clear and understandable manner. Once the Experience in which the User wishes to participate has been identified, the latter proceeds to send his request for booking and purchase of the Experience through the Platform to the Organizer. The Organizer reserves the right to confirm the availability of the Experience within 72 hours of the Booking request by sending an e-mail containing the summary of the booked Experience (hereinafter, Experience Contract), including all the information required pursuant to Article 34, paragraph 1 and article 36, paragraph 5 of Legislative Decree 2011/79 (hereinafter, the Tourism Code). It is understood that until the time the User receives the aforementioned confirmation, GLOBE INSIDE will not be held responsible for any costs incurred by the User.

Before the conclusion of the Experience Contract and the purchase of the Experience, the User is obliged to confirm that he has read these TU, the Technical Data Sheet, the Standard Information Form, the General Conditions and the Platform Privacy Policy.

5.4 Simultaneously with the conclusion of the purchase of the tourist package or, in any case, as soon as possible, the Organizer, via the Platform, sends a copy of the Experience Contract just concluded to the e-mail address connected to the User Account and the confirmation of the reservation. . The User agrees that this confirmation is communicated to him via the e-mail address provided when creating the Account so that he can keep a copy on a durable medium.

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 Booking involving different Experiences. It is understood that the single Experience may constitute a "package" to the extent that various services will converge in the realization of the single entire Experience (i.e. transport, accommodation, sports activities and the like).

Before the User concludes the booking process and, therefore, is bound by the resulting Experience Agreement or by a corresponding offer with the Organizer, the User will receive all the necessary information relating to the Experience as outlined in the relevant Standard Information Form (Annexes to Legislative Decree 79/2011) which the User is required to confirm having acknowledged.

6. Withdrawal

In accordance with Directive 2011/83 / EU and art. 52 of Legislative Decree 2005, n. 206 (hereinafter, Consumer Code), the User who purchases a product or service remotely and away from the professional's business premises, has the right to withdraw within 14 days from the time of conclusion of the contract, receiving a full refund. However, since the Experience Agreement falls within the scope of the regulations concerning the Tourism Code, this circumstance constitutes a hypothesis of exclusion from the application of the right of withdrawal as provided for under art. 47, co 1 lett. g) of the Consumer Code.

It is understood that the User may withdraw from the Experience Contract at any time before the start of the Experience, upon reimbursement to the Organizer of the expenses incurred, being adequate and justifiable (the amount and motivation of said expenses will be provided by the Organizer to the Users who requests it).

The standard (reasonable) expenses incurred by the Organizer and payable by the User in the event of withdrawal (pursuant to Article 41 of Legislative Decree 2011/79), are commensurate based on the notice provided by the User with regard to the date start of the Experience and, in particular, determined on a flat-rate basis as follows:

- 0% of the Price in case of withdrawal of the User notified more than 30 days before the start of the Experience. The User will therefore be refunded the full amount;
- 70% of the Price in case of withdrawal by the User notified from 16 to 30 days before the start of the Experience. The User will therefore be refunded 30% of the Price;
- 100% of the Price in case of withdrawal by the User notified up to 15 days before the start of the Experience. The User will not receive any refund.

In any case, the User has the right to withdraw from the Experience Agreement, before it begins, without paying the aforementioned withdrawal costs and having the right to a full refund of the Price if unavoidable and extraordinary circumstances occur in the place of destination and which determine a substantial impact on the execution of the Experience or on the transport of the User to the destination. It is understood that, upon the occurrence of such circumstances, the User will be entitled only and exclusively to the reimbursement of the Price without being able to claim any further sum as compensation.

The right of withdrawal from the Experience Contract is also allowed to the Organizer. In this case, the Organizer must grant the User the full reimbursement of the Experience without, however, being obliged to pay any further sum as compensation. In any case, the Organizer is not required to offer reimbursement to the User if:

1.      the number of people enrolled in the Experience is less than the minimum required by the Experience Contract and the Organizer has communicated the withdrawal from the Experience Contract to the User within the deadline set out in the Experience Agreement. It is understood that the Organizer will be obliged to set a notice period of:

• more than 20 days prior to the start of the Experience for trips lasting more than 6 days;
• more than 7 days prior to the start of the Experience for trips lasting between 2 and 6 days;
• more than 48 hours prior to the start of the Experience for trips lasting less than 2 days.

2.      the Organizer is unable to execute the Experience Contract due to unavoidable and extraordinary circumstances having communicated the withdrawal from the Contract to the User without undue delay before the start of the Experience.

6.1 Transfer of the Experience Agreement to another User

In the event that the User who has purchased an Experience is unable to take part in it for serious and exceptional reasons (hereinafter, the Transferring User), he / she will have the right to transfer his Experience Contract only and exclusively to another User (hereinafter, Transferee User). The Transferring User must promptly notify the Organizer of his / her intention, via the Platform, within the terms set out in paragraph 6 above. Upon such communication, the Organizer will be required to communicate to the Transferring User all costs and expenses related to the transfer of the Experience Contract and to which both the Transferring User and the Transferee User will be jointly and severally liable.

Apart from the hypotheses provided for in this paragraph, it is understood that the User is prohibited from transferring, reselling and / or making a profit in any other way from the Experience Agreement.

7. Covid Remedy

For all the Experiences booked from November 1 2020 to December 31 2021 with a start date of the Experience planned before December 31 2021, the User is granted the right to operate the COVID remedy referred to in this article (Covid Remedy).

The Covid Remedy gives the User the right to obtain a full refund for the price paid for the Experience upon the occurrence of one of the following conditions on the Experience starting date:

1. the User is quarantined because he tested positive for COVID-19 or because he came into close contact with a positive subject;
2. there’s a rule or a government order in force that prevents any movement between regions (only for Experiences in Italy) or forbids the User access to the Experience State of destination or expatriation from the State of departure;
3. there’s a rule or a government order in force that requires quarantine requirement on arrival at the Experience destination;
4. there’s a rule or a government order in force that requires quarantine requirement on return to the Experience State of departure.

To apply for the refund of the price according to the Covid Remedy, the User must send within 15 (fifteen) days from the starting date of the Experience, via email at legal@mapotapo.com, the relevant request enclosing any documentation attesting  the fulfilment of the conditions listed above (such as a positive swab result, communication from the local health authority, medical certificate, similar documents, a self-declaration pursuant to artt. 46 and 47 of Italian d.p.r. n. 445/2000, etc.).

Mapo Tapo reserves the right to assess the possibility that the User gets the refund of the price whenever situations, arising from the COVID-19 medical emergency and different from those listed above, occur. In this case, a voucher could be offered to the User in order to let him participate to the Experience in a different period of time.

8. The Service

Through the Platform, Mapo Tapo allows all lovers of extreme sports who have taken part in the Mapo Tapo community, by creating a User Account, to discover climbing destinations off the beaten track and to experience them with the locals.

Mapo Tapo collaborates with the tour operator GLOBE INSIDE for this purpose. Mapo Tampo provides GLOBE INSIDE with the platform service through which GLOBE INSIDE can offer tourist activities to the User. It is understood that Mapo Tapo makes the Platform available to the User for the sole purpose of informing and communicating the Users of the Experience organized and made available by GLOBE INSIDE which, therefore, remains the only part of the Experience Contract concluded with the travelling User.

It is understood that Mapo Tapo and the Organizer care about the health and safety of their Users. Therefore, each Experience made available on the Platform is organized with the utmost respect for safety regulations. The same safety standards are also required of local instructors and experts in the sector in order to fully experience the climbing experience.

Mapo Tapo, therefore, is unrelated to the Experience Agreement and to any relationship established between the User, the Organizer and the managers and / or local managers of the Experience or part of it. Accordingly, Mapo Tapo declines all responsibility, to the maximum extent permitted by law, for damages and injuries of any kind and entity that may arise to one or more Users and their travel companions for any reason, whether connected or not to the use of the Experience. On such occasions, therefore, the User will have the right to refer only, as the case may be, to the Organizer and / or local managers.

9. Payments

Through the Platform, Users can learn about and possibly Book an Experience organized by the Organizer at the predetermined price. Therefore, the User does not have the ability to customize their Experience and determine the Price accordingly. It is understood that the Organizer displays the Price of each individual Experience on the Platform in a clear manner, always keeping it updated and indicating all the specifics of the trip (i.e. modes of transport, accommodation, meals, planned sports activities and so on).

After identifying the desired Experience, the User can add it to the desired products through the "Add to Backpack" option. Subsequently, the date on which the User intends to use the Experience must be indicated, checking the available dates, specifying the number of participants as well as the total number of participants for whom the price is intended to be paid. After providing this information, the User can proceed to check-out.

After proceeding with the immediate payment of the entire Price, the Experience purchase procedure ends and the User will receive a confirmation email from the Organizer, also via the Platform, along with all the travel details. This communication consists of the Experience Contract provided to the User in order to keep a copy of it as indicated in paragraph 5.4.

The Price is indicated on the Platform in relation to each Experience and at the time of check-out during the purchase of the Experience. Should the Price undergo an unexpected change as communicated by the Organizer, Mapo Tapo will promptly notify the User no later than 20 days prior to the start of the Experience. In any case, the change in the Price may take place up to a maximum of 8% of the initial Price and only and exclusively if there has been a change in the price with regard to:

Information relating to accepted payment methods is made available during the purchase process.

Some payment methods may only be available under additional conditions or fees. In these cases, the relevant information can be found in the dedicated section of the Platform.

All payments are processed independently through third party services. Therefore, Mapo Tapo does not collect any payment information - such as credit card details - but receives a notification only after the payment is successfully completed.

For payment, to be made by credit or debit card, the User may use the service offered by third parties through the Platform: it must connect, following the instructions on the Platform, to the secure circuit of Paypal or Stripe that guarantees the confidentiality of data and the security and efficiency of transactions. The User will insert the credit card data directly on the SSL server, created and guaranteed by Paypal, Foxy.io or Stripe and managed directly by the same. In order to be able to access the service, the User must therefore accept the general conditions of contract prepared by Paypal (https://www.paypal.com/us/webapps/mpp/ua/legalhub-full) or Stripe (https://stripe.com/it-es/ssa). Mapo Tapo shall not be liable for any damages deriving to the User from the use of the service proposed by Paypal or Stripe.

Mapo Tapo is not responsible for billing the amounts paid by the User to the Organizer. The sending of the accounting and/or tax documentation, where necessary, will be carried out directly by the subject from time to time required by applicable law. Mapo Tapo is in no way obliged to verify the existence of the requirements, conditions and terms within which it is necessary to issue accounting and/or tax documentation, of any type and kind, to the User.

For the purpose of the production and forwarding of fiscal and accounting documentation (including receipts, discharges, invoices and any other equivalent document, however named) by the subject to this obligation, only and exclusively the data provided by the User at the time of registration or in any case those available in the User’s registry on the Platform will be used. The User undertakes to provide correct, valid and up-to-date information and guarantees that it has not provided and does not provide any incorrect or false information. In any case, Mapo Tapo shall under no circumstances be held liable for the incorrect or false, blameless, guilty or intentional information provided by the User. The latter undertake to indemnify and hold Mapo Tapo harmless from any damage and/or liability arising, directly or indirectly, from the use of data provided and revealed to be incorrect or false.

10. Fees, Licenses and Certifications

Mapo Tapo does not pay fees on behalf of Users. Users are solely responsible for any Taxes related to them and arising from any Contract entered into.

Depending on the circumstances, including the number of transactions conducted and the subject matter of the transaction, the law may require licenses or certifications. Mapo Tapo is not responsible for determining the cases in which it is necessary to be in possession of a license and/or certificate for the use of the Services or the Platform, for the organisation, management and conduction of an Experience or for carrying out a transaction through the Platform.

11. Responsibilities of Mapo Tapo

11.1 Exclusion of guarantees

The User accepts that the use of the Platform and the Service offered by it is entirely at his/her own risk and responsibility. The Platform and the Service provided by it are provided on an “as is” and “as available” basis, without warranties 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 excluded to the fullest extent permitted by law, and to the same extent, Mapo Tapo disclaims all warranties for the safety, reliability, timeliness, accuracy and performance of the Platform.

To the maximum extent permitted by law, Mapo Tapo cannot be held liable for other services or goods received through or advertised on the Platform.

To the maximum extent permitted by law, Mapo Tapo cannot be held liable for the transmission of computer viruses or other harmful components in connection with the Platform or Service.

11.2 Limitation of liability

Under no circumstances may Mapo Tapo be held liable for damages to third parties or contracting parties resulting, directly or indirectly, from the use of the Platform or the Service, or resulting from any contract between the User and third parties. This exclusion of liability concerns, among others, direct, indirect, accidental, special, exemplary and consequential damages, including: loss of profits, loss of data or loss of goodwill; computer damage; cost of substitute products or services; any damage related to personal or physical injury.

This limitation of liability shall extend to cases where Mapo Tapo is advised of the possibility of such damages.

The damages to which the limitation of liability refers may result from: the use or misuse of the Platform or the Service, the inability to use the Platform or the Service, or the interruption, suspension, modification, alteration, or termination of the Platform or the Service.

This limitation also applies in relation to damages suffered due to other services or products received through advertising or in connection with the Platform or the Service or any link on the Platform, as well as due to information or advice received through or advertised in connection with the Platform or the Service or any link on the Platform. These limitations apply to the maximum extent permitted by law.

12. Security and User Feedback

Mapo Tapo cares about the reliability of its Users and the success of the Experience as well as the transactions carried out through the Platform and makes every effort to ensure the best possible degree of transparency. However, Mapo Tapo is not required to verify the exact identity of its Users nor can it confirm the identity of each User.

13. Content published on or through the Platform

13.1 Content Coming from Users

All Content published on the Platform, transmitted through, or accessible via links from the Platform, is the sole responsibility of the User from whom such Content originates. The User is solely responsible for any Content posted, email or material otherwise made available through the Platform. The User is aware that Mapo Tapo does not control and is not responsible for Content made available through the Platform, and that by using the Platform, the User may be exposed to Content that is offensive, indecent, inaccurate, illegal, misleading.

13.2 Links to other websites

The Platform, and the Services may contain links to third party websites or resources. Mapo Tapo is not 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 undertakes the sole responsibility for and assume all risks arising from his/her 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 adopted on other websites. When a Platform User clicks on a link to another website or app, the User is responsible for reading the privacy policies of that website or app.

13.3 User Authorisation

Without prejudice to the above, the Users authorise Mapo Tapo to use any photographic image and/or video recording that portrays them when taken in the context of an Experience, without prejudice to the right to revoke such authorisation by written notice. The Users also irrevocably authorise Mapo Tapo to use all Contents and any part or element thereof, without any restriction whatsoever, throughout the world, in perpetuity and in any case for the duration of the legal protection as established in each country of the world.

By way of example, but not limited to, the abovementioned authorisation also includes the right to use the Content as to:

×         publish, disseminate, communicate to the public and make available to the public so that everyone can have access to them at the time and place chosen individually, in whole or in part, by any means and/or technology and in any way (including interactive), currently known and/or developed in the future, the Contents through the Platform;
×         for the purposes of the above, reproduce and modify the Contents in any way or form in order to comply with the technological constraints imposed by the Platform’s operating methods;
×         authorise other Users of the Platform to reproduce the Contents in order to display them on their terminals using the Services and the Platform.

The above rights are understood to be granted on a non-exclusive basis and therefore the User remains entitled to use the same Content in any form and manner.

13.4 User Declaration

The User declares to fully and legitimately dispose of all rights relating to the Contents (by way of example, but not limited to: copyright, image and/or personality rights in general, trademark and other rights, privacy rights, portrait rights, etc.) that he or she publishes on the Platform.

The User expressly declares that where he or she is not the full owner of the rights to the Content that he or she publishes, he or she has been expressly authorised to dispose of the Content by the third party owners of such rights and is therefore fully entitled to grant authorisation to use the Content to the extent provided for in these Conditions.

The User agrees not to publish any Content if such Content and/or its use:

×         is false, obscene, pornographic, defamatory, or includes racist, violent, offensive, harassing, or incites to commit crimes or is in any case illegal in Italy or in the place where the User uses the Services or the Platform or under other applicable laws;
×         violates the rules on the processing of personal data or on the protection of trade secrets and confidential information;
×         it presupposes that the User is in possession of authorizations, rights or requirements required by law which the User does not have;
×         it violates patents, trademarks, copyrights or other rights of third parties;
×         it contains 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 Platform itself;
×         it is in any way harmful to Mapo Tapo, the Users or third parties.

The User guarantees the good quality of the Contents it publishes and their suitability for the use for which they are intended.

14. Changes of the TU

Mapo Tapo reserves the right, at its sole discretion, to modify the Platform or Services, or to modify these Terms of Use by giving adequate notice at least 15 days in advance through the Platform. The "Last update date" at the bottom of these Conditions will also be updated. If after the communication of a future change and during the time prior to the actual application of the changes, the User continues to access or use the Platform or Services, the User will be deemed to have accepted these Conditions as amended. If the User deems such changes unacceptable, he may withdraw within the aforementioned period by stopping all use of the Platform and Services and notifying the e-mail address legal@mapotapo.com.

15. Intellectual and industrial property rights

Without prejudice to the provisions contained in Mapo Tapo's Privacy Policy, any Content transmitted through the Platform by Users, whether by email or other means, for any reason whatsoever, shall be treated as non-confidential and not proprietary. In the event that Users own all rights to such communications or Content, they expressly grant Mapo Tapo and its designated licensors a non-exclusive, perpetual, worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, or use such material for any purpose, regardless of the form or medium (now known or currently unknown) in which it is used.

Please do not publish confidential or protected information on the Platform as intellectual or industrial property rights unless otherwise agreed in writing.

16. Complaints Management

If a User believes that the conduct of other Users is inappropriate, that his intellectual or industrial property rights have been violated, as well as his privacy, or that there are technical malfunctions of the Platform, the User himself, within 48 hours from the discovery of the violation, must immediately send a written communication to Mapo Tapo, to the e-mail address legal@mapotapo.com.

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 is allegedly infringed;
- User data that were provided at the time of creating the User Account in order to be able to correctly identify it;
- a detailed explanation of the malfunction or the violation and the reasons for which it is believed that this violation is inappropriate and / or detrimental to the rights of the User who is making the complaint;
- the User's personal data connected to the User Account of which it is believed that the violation and / or the unlawful conduct is committed;
- a statement in which the injured 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 issues of intellectual or industrial property infringement, the User will also be required to communicate in the complaint:

- Identification of Content protected by copyright or trademark law that is believed to have been infringed;
- Identification of the material believed to be the subject of illegal activity and information reasonably sufficient to allow us to locate the material;
- A statement in which the injured party has a good faith belief that the use of the material is not authorized by the copyright or trademark owner, the agent in charge or the law.

The User agrees that upon receipt of a notice of intellectual property infringement complaint against him, Mapo Tapo may immediately remove the materials identified on the Platform without any liability towards Users or third parties.

17. Indemnity

The User agrees to release, defend, indemnify and hold Mapo Tapo and its affiliates and subsidiaries, and their officers, directors, employees and agents not liable from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, or in any way related to:

×         the access or use of the Platform, the Services or the Content by them or the violation of these Terms of Use by the Users themselves;
×         the Content processed, transmitted, copied, sent, made available by the Users themselves;
×         any of the following actions performed by the Users themselves:
o   the interaction with any User;
o   the request for a Service;

Mapo Tapo reserves the right, at its sole discretion, to organise the defence with a defender of its own choice, against all legal claims, lawsuits or other causes of action requiring financial compensation made by the User, without the User having any objection.

In addition, at the time of the conclusion of the Experience Contract, the User, by accepting the Liability Waiver, specifically hold harmless the Organizer and Mapo Tapo from damages, direct and indirect, physical and / or psychological, which may derive from the Experience and which have not been caused directly by the willful misconduct and / or gross negligence of the Organizer or Mapo Tapo.

18. Relationship between the Parties

Mapo Tapo, GLOBE INSIDE and the Users are independent parties, each of which acts in its name and for its own purposes. These Terms of Use do not create any bond of subordination, agency, representation, association, intermediation, partnership, employment or franchising relationship between Mapo Tapo and any User of the Site.

None of the clauses contained in the Terms of Use, or in the policies of Mapo Tapo, or any other material, can be considered intended to constitute, create, give effect or otherwise recognize a company, an agency, a joint venture or an entity of formal business of any kind, or to create a relationship of trust between the parties.

The rights and obligations of the parties must be limited to those expressly indicated in this document.

19. 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.

20. 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: 11/24/2020