Terms of Service B2C

In the Contract, the following terms, whether expressed in the singular or plural, shall have the meanings set forth below:

Account: identifies the unique personal account of each Customer, created following Registration in the Application, necessary to access the Application, use the Services and consult the data and information associated with the personal account at any time;

Application: shall have the meaning given in Article 3.1;

Virtual Purse: identifies the Customer’s electronic purse, made available by N-And, in which it is possible to deposit funds, mainly by means of successive reloads, to be used for transactions relating to the purchase of Products, as well as to verify, in the appropriate section of the Application, the accounting and administrative position of the Customer. The e-Wallet is not a bank account, nor any other form of payment tool or payment method. It operates as a prepaid balance with limited spend.

Customer: any natural person wishing to make use of the Services offered by N-And;

E-Commerce Code: identifies Legislative Decree No 70 of 9 April 2003;

Consumer Code: refers to Legislative Decree No 206 of 6 September 2005;

General Terms and Conditions: these general terms and conditions;

Contract: shall have the meaning given in Article 2.1;

Contracted Operator: any company or commercial establishment, however named, that offers Customers the possibility to purchase its Products through the use of the Application and the use of the Services;

Payment Method: any payment method accepted by N-And, the details of which are provided by the Customer at the time of Registration or are entered, at a later date, in the dedicated area of the Application, to be used for recharging the Virtual Purse, for debiting payments due by the Customer for the purchase of Products, for crediting any reimbursements, or for that different use that, from time to time, will be indicated to the Customer, possibly in substitution of that initially indicated during the course of the relationship;

N-And: N-and Italia Ltd. is a company incorporated in Italy, with registered office in Via delle Gere, 15 – 24040 Pognano (BG) Italy; VAT: 04327810166, e-mail: coffeecApp@n-anditalia.com, pec: nanditalia@pec.it;

Payment Service Provider: means any bank, authorised electronic money institution or any other entity authorised to perform payment services;

Product: any good and/or service that can be purchased by the Customer at the Points of Sale of the Affiliated Operator through the use of the Application and the fruition of the Services;

Points of Sale: any premises, physical shop, machine (e.g. vending machines) or digital platform where the Products of the Agreed Merchant can be purchased, through the use of the Application and the fruition of the Services, as better identified and described in the Site;

Registration: shall have the meaning given in Article 3.2;

Service: shall have the meaning given in Article 2.2;

Site: means any website or app operated by N-And;

Token: has the meaning given in Article 2.2.6.

Additional terms defined in the Contract shall have the meanings ascribed to them in the Articles providing for them, with effect extended within the Contract.

These Terms and Conditions govern: (a) the provision in favour of the Customer of the Services, as defined below, by N-And, as well as (b) the use of the Application by the Customer; and constitute the Contract (“Contract”) through which N-And provides, under the terms set out herein, the Services to the Customer through access to the Account and use of the Application.

Following completion of the Registration procedure, upon fulfilment of the conditions set out in the different sections of these General Terms and Conditions, N-And shall provide the following services (“Services“) to the Customer:

an Account;

a service to support the payment of Products;

a Virtual Purse, where funds can be deposited for the payment of Products by means of one or more remote communication techniques;

a service that allows you to top up your Virtual Purse, directly via access to the Point of Sale;

a service that allows you to top up your Virtual Purse by transferring funds from your chosen Payment Method(s);

the issuance of one or more Tokens, which can be used to access incentive schemes or promotions, as specifically indicated in the relevant information sheet;

provision of a debit card, issued and managed by the Payment Service Provider, designated by N-And, as specifically indicated in the relevant information sheet;

one or more features enabling Customers to exchange or transfer funds accumulated on their respective Virtual Purses, as specifically indicated in the relevant information sheet;

all services enabling the Customer to access additional or complementary functionalities to the services listed above, according to the instructions made available in the Application or as specifically indicated in the relevant information sheets;

any other service enabled via the App from time to time.

Some of the Services listed above are based on tools and technologies that require the prior signing of a commercial agreement between the Contracted Manager and N-And and, therefore, can only be used and enjoyed in certain Points of Sale, and for a limited range of Products. It is therefore up to the Customer to check in advance where are such Services available.

Given the rapid evolution with which the sector is developing, N-And reserves the right to amend these General Terms and Conditions, in the manner provided for in Article 12.2. below, in response to possible changes to the Services, the application of new technologies, the introduction of different mobile devices, technical-administrative procedures, new IT security practices.

In order to be able to access the Services, the Customer must have a mobile device on which the special N-And software enabling the use of the Services (“Application“) has been previously installed, and has been completed, pursuant to Article 3.2. below, the Registration procedure and, with respect to the national and community legislation on the protection of personal data EU Regulation 679/2016, accept the Privacy Policy referred to in Article 11 below and expressly manifest his or her Consent, in accordance with the provisions of Article 5 below.

To complete the Registration, the Customer must:

be at least 16 (sixteen) years of age;

provide N-And with a valid and verifiable e-mail address and a mobile telephone number;

choose a personal password;

not already be the holder of another active Account;

The necessary information must be entered, without exception, during Registration or, alternatively, may be acquired by the Application by linking to any social profile of the Customer and expressly authorising its use.

If the Customer is over 16 but under 18 (a “Minor”), access to the App or use of the Services by the Minor amounts to confirmation that both the Minor and their parent, legal guardian or other authorised person has carefully read, understood and accepted these Terms and Conditions. If the Customer is a parent or guardian allowing a Minor to use the Services, the Customer agrees to: (i) supervise the Minor’s use of the Services; (ii) assume all risks associated with the Minor’s use of the Services; (iii) assume any liability arising from the Minor’s use of the Services; (iv) ensure the accuracy and truthfulness of all information submitted by the User or by the Minor; and (v) assume responsibility for and be bound by these Terms and Conditions concerning the Minor’s access to and use of the Services.

N-And uses the mobile telephone number as the main method of identification of the Customer. In the event of a change in the mobile telephone number, the Customer must therefore close the Account linked to the number no longer in use, following the procedure provided for in Article 10.6. below, or, if necessary, by sending a communication to the e-mail address indicated in Article 13 expressly concerning the request for assistance under this Article, and repeat the Registration procedure.

Certain Services require additional information in order to be activated and used. In order to access and use the Services from the Application (e.g. the function of recharging the Virtual Purse by means of the chosen Payment Method), the Customer will then have to enter the additional data, as requested from time to time in the relevant section of the Application, and, if requested by the Service, accept any related additional, supplementary or complementary terms and conditions.

In order to verify the different information requested during the Registration phase or to protect the Account from fraud or abusive access by third parties, N-And may require the Customer to provide an identity document to prove that he/she is the owner of the Account or even through the execution of specific identification procedures, to be carried out electronically (so-called “know-your-customer” and/or “strong customer authentication” procedures).

The customer is responsible:

the completeness and truthfulness of the information on the data provided at the time of registration;

the completeness and truthfulness of any information that may be requested and/or entered in the various sections of the Application;

the preservation, security and proper use of the chosen Account and password, and shall take all necessary steps to ensure that they are properly used and that the password is kept secret and not disclosed to any person;

of the activities to be performed by means of the Account, even if used by third parties.

The password chosen by the Customer is required to access the Account in order to use the Services:

In order to recover or reset the password, the Customer shall independently follow the password change procedure provided directly in the Application;

in case of theft of the password or unauthorised use of the Account by a third party, the Customer must immediately notify N-And, by e-mail, in order to allow the suspension or deactivation of the Account and must send a copy of any report filed with the competent authorities to N-And.

The Customer is liable for any damages resulting from the misuse of his/her data or Account by third parties. N-And disclaims any liability for damages resulting to the Customer from acts of hacking, appropriation and/or misuse, by third parties, of the data provided by the Customer.

N-And complies with the information obligations on the conclusion of the ‘distance contract’ imposed by the E-Commerce Code.

In particular, the various technical steps to be followed to conclude the contract can be summarised as follows:

registration, pursuant to Article 3 above; and

Consent of the Customer, given in accordance with the Terms and Conditions set out in Article 5 below.

The consent of the Customer to the conclusion of the Contract with N-And (“Consent“), expressly manifested at the time of registration or download of the Application, is an essential element to allow the correct execution of the Services and the use of the Application. Therefore, in the absence of consent, N-And cannot provide the Services, nor can the Customer use the Application.

Consent is given by the Customer to N-And by clicking on the “accept the General Terms and Conditions” button, available at the end of the registration procedure provided on the Application.

N-And will acknowledge receipt of the Consent by transmitting to the e-mail address, provided by the Customer during Registration pursuant to Article 3 above, an e-mail and/or a push-pull notification, also containing a copy of these General Terms and Conditions.

The use of the Services and of the App implies full knowledge and acceptance of these Terms and Conditions and of any other documents relative to an individual Service. The Customer is therefore invited to carefully read and approve these Terms and Conditions as well as any other document relative to an individual Service, which may be viewed and printed during the registration process, also in the form of pop-ups or hypertext links, before any use of the Service.

By using the Application or the Services, the Customer authorises N-And to collect and use technical information on mobile devices and related software, hardware and peripherals. This enables N-And to improve its products and to provide the Customer with its Services.

The Application (as well as the related software) is licensed free of charge, non-exclusive and non-transferable by N-And to the Customer and may be used by the latter exclusively within the limits indicated in these General Terms and Conditions; N-And reserves all rights not expressly granted under these General Terms and Conditions.

The Services and functions made available through the Application are provided solely for the personal use of the Customer.

The customer is not permitted to:

distribute or make the Application available on a network through which it could be used by several devices at the same time;

attempt to access or copy the source code;

exploit the Application or the Services for uses other than the ones strictly authorised or for uses other than those for which they were conceived by N-And;

resell or attempt to resell the goods or Services, content, or any features made available on the Application or via mobile device to any third party, nor use the Service or Application for the purpose of conducting business or otherwise for professional or commercial purposes;

reverse engineer, rent, sell, redistribute, sublicense or otherwise dispose of the Application in any manner whatsoever on terms and conditions and for purposes other than those expressly permitted by these General Terms and Conditions.

The Customer must not exploit or use the Service or the Application or any of its contents in such a way as to damage N-And or third parties. The Customer is obliged to refrain from using the Service, the Application or their content to carry out activities in competition or, in any case, in such a way as to damage or prejudice the interests, including economic interests, or the image of N-And, other customers or third parties in general.

For the proper use of the Services, the Customer must have a mobile device with adequate resolution and display size and a data connection.

The Customer undertakes to use the Services and the Application in compliance with applicable law and is fully responsible for any abuse or misuse of the Services or the Application.

The provision of the Services by N-And in favour of the Customer, as well as the downloading and use of the Application by the Customer, shall take place free of charge.

Without prejudice to what was previously indicated in Article 7.1., N-And nevertheless reserves the right to request any sums, by way of reimbursement, for expenses incurred and associated with particular operations, such as, purely by way of example and not exclusively, the use of payment and recharge instruments alternative to the credit card. Such operations, as well as the associated costs, shall be duly highlighted to the Customer, who shall therefore be presumed to be fully informed of their existence and amount, prior to the conclusion of the transaction.

Any contract concerning the Customer’s purchase of the Products through the Application and the use of the Services shall be deemed to be entered into directly and exclusively between the Customer and the Contribution Manager. Therefore, the Client acknowledges and accepts that only the Agreed Merchant shall be responsible for: i) the determination and indication of the prices related to the Products; ii) the performance of the sale and purchase services of the Products; in general, iii) the determination and indication of the characteristics of the Products or any other information related to the Products; as well as iv) any other operation however connected to the previous ones, related to the Products or to the performance of the contract.

Notwithstanding the foregoing, the debiting of any amount owed by the Customer to the Payment Service Provider in relation to contracts concluded pursuant to Article 7.3 above and for which the Service is used, or the debiting of recharges purchased by the Customer, if not made by the Customer in cash directly through the Point of Sale, shall be made directly to the Payment Method. The relevant payment services (i.e. debit/credit card charge) are provided and rendered exclusively by the Payment Service Provider.

In addition to the foregoing, by accepting the General Terms and Conditions, the Customer hereby authorises the Payment Service Provider to debit the chosen Payment Method with the amount of the Product and/or the credit recharged to its Virtual Purse, which can be used through the Application.

Once the purchase of each single Product or the recharge of the Virtual Purse through the Application and the use of the Services is completed, the Customer will no longer be able to obtain a refund of the relative sums through N-And. For any disputes or problems, also due to disputed debits or non-credits, the Customer must contact N-And at the dedicated address indicated on the relative Site.

The details of the last purchases or recharges made using the Service are available in the Application, within the appropriate section. The archive of the last purchases or recharges will be kept available to the Customer for a maximum period of 12 (twelve) months after they were made, after which they will be deleted.

N-And disclaims any liability in the event that personal data, information or other sensitive content of users of the Service and/or Application is sent, disseminated, cloned, uploaded or downloaded by the Customer or any third party via the Application itself.

The Customer acknowledges that N-And is never liable:

in any case in which it is not possible to access the Account, the Application or in any case to use the Services due to the failure and/or defective functioning of the Points of Sale or of the data processing systems of the Participative Manager or for any cause attributable to the Participative Manager;

in any case in which it is not possible to access the Account, the Application or otherwise use the Services due to the failure and/or malfunction of the Customer’s mobile device or computer systems or the telephone service provider chosen by the Customer;

in the event of force majeure.

N-And reserves the right to make such changes, additions and/or updates as it deems necessary or appropriate to the Services, the Application, the programs and/or other materials contained therein and/or available and/or the functionality associated with the Services and/or the Application (“Updates“), to offer new services or modify the content of the Services; to implement technical adjustments, of any scope, and/or improvements; and to comply with changes in laws or regulations.

Some of these Updates may be mandatory if you intend to continue using the Application.

The terms of these General Terms shall govern any Upgrade, unless such Upgrade includes a specific licence.

Some of these Updates may change settings, cause loss of data, content or functionality. However, N-And shall not be held liable should any of these eventualities occur.

N-And reserves the right to cease support and/or use of all or part of the Application or a Service, at its sole discretion, subject to 15 (fifteen) days’ notice, which will be duly communicated to the Customer. The procedure set forth in Article 10.10 below shall apply, to the extent compatible.

N-And does not guarantee the compatibility of the Application with the operating systems at the time available on the market and used by the Customer. N-And may, at its sole discretion, giving the Customer 5 (five) days notice, exclude or limit the possibility to use the Application on certain operating systems.

N-And may, on occasion, without any liability whatsoever to the Customer and/or third parties:

suspend the Service for technical reasons, such as repairs, maintenance, improvements to the Service and/or Application, or for emergency reasons; or

give the Customer any instructions it deems necessary for reasons of integrity, security or quality of any Service offered by N-And to the Customer or third parties.

N-And only guarantees the correct technical functioning of the App but provides no guarantee whatsoever in respect of the services offered or delivered by the Payment Services Provider, nor in respect of any Products provided by an Authorised Operator or in general to the conclusion or execution of the purchase contract. Any complaints or disputes relating to the provision of a payment service or to the sale and purchase, must be sent directly to the Payment Services Provider or to the Authorised Operator.

N-And disclaims all liability in the event that a payment cannot be made or completed due to technical inconveniences (including cellular data network coverage, firewalls on LAN or WAN networks, or other), due to suspension of a service, for whatever reason, by third party operators of data transmission infrastructures, or due to problems related to the Payment Method and/or the Payment Service Provider.

The Customer shall indemnify N-And against any claim or legal action initiated or threatened against N-And by a third party as a result of the Customer using the Application, the Service or related functions in violation of these General Terms and Conditions or any contractual conditions applied by N-And.

The Customer acknowledges that neither these Terms and Conditions nor the use of the App may vary the existing relationship with the issuers of the Payment Methods chosen by the Customer.

Nothing in these Terms and Conditions may limit or exclude or may be construed or understood in such a way as to exclude or limit the liability of either party for wilful misconduct or gross negligence or in the event that such limitation or exclusion is not valid under mandatory provisions of law.

All content in the Application (including underlying material such as, for example, code, software and databases) and related copyright and other intellectual property rights, unless otherwise stated, belong to N-And or have been licensed to it. The use of the Services or the Application does not in any way imply the granting by N-And to the Customer of a licence to use forms, code and graphics owned by N-And.

Intellectual property rights shall mean all conferred, contingent and future intellectual property rights including, without limitation, copyrights, trademarks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, set-ups, database rights and any applications for the protection or registration of such rights and all renewals and extensions thereof existing in any part of the world, whether already existing or created in the future, to which the licensor may be entitled.

All contents of the Application are protected by Italian law and international intellectual property treaties.

The Contract shall be effective from the date of its conclusion, as provided in Article 5, and shall be of indefinite duration.

N-And may proceed to the cancellation of the Customer’s Account if it considers that the Customer violates the rights of third parties, these General Terms and Conditions, the Contract, any rights of N-And or behaves in a manner contrary to the law, without anything being owed to the Customer in connection with such termination (“Official Cancellation“). N-And shall also provide for the Official Cancellation if this is requested by the competent authorities.

N-And will cancel – without any prior notice to the Customer – any Accounts which have never used any Services via the App during the 130 (one hundred and thirty) days after Registration (“Cancellation for non-use“).

In the event that the Customer has used, at least once after Registration, the Services through the Application, but has not used them again for a consecutive period of 60 (sixty) days, N-And will send a written communication, to the e-mail address provided during Registration, to the Customer, containing a warning that the Account will be cancelled, due to prolonged inactivity, after 75 (seventy-five) days from the sending of the communication. Without prejudice to Article 10.5. below, once the period of 75 (seventy-five) days has elapsed, N-And will cancel, automatically and therefore without having to send further communication to the Customer, the Account (“Cancellation for Inactivity“).

In the cases envisaged in Article 10.3. and 10.4., the Customer may avoid deletion of the Account by using the Services through the Application.

The Customer may, in any case, independently cancel the Account at any time (and thus withdraw from the Contract and these General Terms), using the appropriate function in the dedicated section of the Application (“Cancellation on Customer’s Request“).

In all the cases, provided for in the previous Articles, of Account cancellation, N-And will acknowledge receipt of the cancellation by sending a communication (therefore, “Account Cancellation Date” shall mean the date this communication is sent) to the email address indicated by the Customer, also containing an indication of the amount, if any, of the balance still present in the Virtual Purse on the Account Cancellation Date (“Residual Balance“). N-And reserves the right to keep the details of the transactions carried out over time by the Customer on file, also for the purpose of compliance with the accounting and tax regulations in force, for the time allowed by the laws on accounting and tax matters, except for the deletion of the data relating to the Payment Methods which will be deleted within 30 (thirty) days from the Account Cancellation Date.

N-And may temporarily suspend access to the Account and the App, without anything being due to the Customer in relation to such suspension:

to allow Updates, modifications or maintenance, or for any other technical reason that N-And deems necessary;

pending the verifications provided for in Article 10.2.;

in the event that the Payment Services Provider does not debit the relative charges for any reason or cause.

In the case of Closure or Cancellation, the Residual Balance at the Account Cancellation Date will be unquestionably retained by N-And and made available to the competent authorities and/or third parties injured by the behaviour of the Customer. If the party harmed by the Customer’s behaviour is N-And itself, the Residual Balance shall be retained by the latter as partial compensation for the prejudice suffered, without prejudice to the right to claim for greater damages.

In the remaining cases of Cancellation due to Non-Use, Cancellation due to Inactivity and Cancellation on Customer’s Request, and where otherwise recalled, the Customer – within the mandatory forfeiture period of 30 (thirty) days from the Account Cancellation Date – may request N-And to return the Residual Balance by transmitting, to the address indicated in Article 13 below, the request for credit, in which to indicate the information required by N-And (including the credit IBAN) in order to be able to arrange the refund. N-And shall reimburse the Residual Balance net of transfer fees and any commissions incurred by N-And for the portion of the Residual Balance established with Payment Methods.

Should the Residual Balance be less than or equal to EUR 2.00 (two), N-And shall retain the Residual Balance to fully cover the costs set forth in Article 10.10 above.

The Customer shall forfeit its right to the return of the Residual Balance if it fails to claim it within 30 (thirty) days from the Account Cancellation Date.

For the purposes of the execution of this Contract, the Processing of the Customer’s Personal Data, communicated by the latter to N-And for the supply of the Products and the provision of the Services, shall take place in accordance with the EU Regulation 2016/679, as detailed in the privacy policy (“Privacy Policy“) available on the N-And website (https://www.n-andgroup.com/it/) and/or issued by N-And at the time of subscription, as well as – where necessary – by virtue of the Consent to the processing of data manifested at the time of subscription by the Customer.

N-And adopts all measures appropriate to the type of data processed and is constantly striving to implement state-of-the-art Data Protection policies, credential management systems and back-up and disaster recovery policies.

The personnel in charge of data processing have been adequately trained on how to collect and process data and are regularly updated on data security, protection and confidentiality issues in order to minimise the risk of non-compliant processing and minimise the likelihood of data-breaches (incidents involving personal data). In addition, N-And has appointed a Data Protection Officer and has established written policies for handling incidents that may occur to the paper and electronic media in which the data are contained.

The Customer may be charged by its telephone service provider for Internet access on the mobile device on which the Application was downloaded.

Any amendments to these General Terms and Conditions will be communicated to the Customer in accordance with Article 13 below. Once made, such changes will be considered accepted if the Customer uses any Service after having been notified of the changes as described above. In any case, the changes will take effect 60 (sixty) days after the date of notification, apart from changes required by law or those that do not affect the rights and obligations of the Customer, which will take effect immediately. The aforesaid changes shall take effect 60 (sixty) days from the date of their communication, with the exception of changes that are required by law or those that do not affect the Customer’s rights and obligations, which shall become effective immediately. Within the same term, the Customer may exercise its right of withdrawal in the manner provided for in Article 10.6 above. The procedure provided for in Article 10.10 below shall apply mutatis mutandis.

Should any provision of these General Terms and Conditions and/or the Contract be invalid or ineffective, its content shall be reformulated or limited or deleted to the extent strictly necessary to safeguard, in all other respects, the full validity and effectiveness of these General Terms and Conditions and/or the Contract.

Notices provided for in these General Terms and Conditions shall always be given in writing, in the form and manner specified in these General Terms and Conditions.

N-And may at any time assign its rights and/or obligations arising from these General Terms and Conditions and/or the Contract to other investee companies and/or participants, giving timely notice to the Customer. Should N-And arrange for such an assignment, the rights of the Customer shall not be affected.

In the performance of the Contract, N-And may make use of its various divisions, subsidiaries, parent companies and affiliates.

The fact that N-And decides not to avail itself of a right under the Contract or these General Terms and Conditions or that it may tolerate non-compliance with provisions of the Contract or these General Terms and Conditions by the Customer, for any period of time, shall not be construed as acquiescence or a waiver of the right to avail itself of such rights or conditions in the future.

For further information and assistance on the Application or the use of the Services, the Customer may contact N-And through the following references:

N-and Italia S.r.l., Via delle Gere, 15 – 24040 Pognano (BG) – Italy – VAT no. 04327810166/ REA MI-2526119, e-mail coffeecApp@n-anditalia.com, pec: nanditalia@pec.it.

N-And may contact the Customer via the Application. However, should it be necessary, N-And may contact the Customer by e-mail, through push-pull notifications or by telephone call, using the data provided by the Customer in the Application.

Should such data change, the Customer shall promptly inform N-And.

The Customer expressly authorises N-And to send to the e-mail address, mobile phone number indicated during registration, and/or via push-pull notifications, the General Conditions, the updated Privacy Policy, any complementary or special conditions, as well as all communications relating to the Service, as well as possibly the link where it is possible to check the General Conditions, the updated Privacy Policy and any complementary or special conditions as well as their subsequent variations and updates

The Customer acknowledges that the Contract, the General Conditions, the updated Privacy Policy, any complementary or special conditions and all relevant changes in force from time to time may be printed or downloaded by the Customer by accessing the specific section of the Site.

The Contract and these General Terms and Conditions are governed by Italian law.

In the event of a dispute arising out of, connected with or deriving from the interpretation, validity and/or execution of the Contract or these General Terms and Conditions, and in general, relating to the Services, the use of the Application by the Customer, or the use of any functionality made available to the Customer through the Application, the Court of Bergamo shall have exclusive jurisdiction, without prejudice to the jurisdiction of the Court of residence or domicile of the Customer, if the Customer qualifies as a consumer pursuant to the regulations set forth in the Consumer Code.

Disputes with Customers, including consumers, residing outside the Italian territory are devolved to the jurisdiction of the Court of Bergamo, as Judge of the place where the Contract is executed.

“This translation [English] is provided for the convenience of the Customer only. The original text of these General Terms and Conditions is in the Italian language and is binding in all respects. In the event of any divergence between the meanings or interpretations of the Italian text and the text translated into another language, the regulations, as well as the meanings or interpretations, contained in the Italian version shall prevail, it being understood that, pursuant to the Consumer Code, the language of the place of residence or domicile of the Customer may also be applied in the event of mandatory provisions in favour of the Customer”.

As required by Articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have read, understood and expressly accepted the following Articles of these Terms and Conditions: Article 3 (Activation of Services); Article 6 (Use of Service and App); Article 8 (Limitations of liability and changes to Services or App); Article 10 (Duration of Services, Deactivation, Suspension of Account and right of withdrawal); Article 12 (General provisions); Article 14 (Governing Law and Jurisdiction).