General Terms and Conditions 

Terms of use 

BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, AT EVERY ONLINE SERVICE LOGIN AND DURING THE SETUP PROCESS OF EVERY SOFTWARE COMPONENT OF THE MVMANT PLATFORM, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERNING YOUR USE OF MVMANT'S ONLINE SERVICE, INCLUDING OFFLINE SOFTWARE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.  

Introduction 

This License and Service Agreement (hereinafter “Agreement”) apply to the services ("Services") which are offered by Edisonweb srl or one of its licensors (hereinafter “Provider”) to the passengers via the MVMANT® branded app or the correlated services, even if they are operated by third party cooperation partners ("Third Party Services"). The usage of the Third-Party Services may be subject to additional terms and conditions of such third-party cooperation partners.  

The Application is composed of an integrated set of services, solutions and technology platform for pre-book and schedule transportation with independent third-party providers of such services, including independent third-party transportation providers or certain of Provider’s affiliates (“Third Party Providers”).  

YOU ACKNOWLEDGE THAT THE PROVIDER DOES NOT PROVIDE TRANSPORTATION OR FUNCTION AS A TRANSPORTATION PROVIDER OR CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY THE PROVIDER OR ANY OF ITS AFFILIATES. FOR THE GENERAL TERMS OF TRANSPORTATION OR TRANSPORTATION-RELATED SERVICE SEE THE RELATED CONDITIONS. 

Synopsis 

As part of the Agreement, the Provider will provide the Customer with use of the Services, including the browser interface; the data encryption, transmission, access and storage; and mobile software-clients modules for pre-book and schedule transportation. Registration for, or use of, the Services shall be deemed to be Your agreement to abide by this Agreement including any materials available on the website of the Web Application.  

License  

Subject to your compliance with these Terms, the Provider grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services. The Provider and its licensors reserve all rights not expressly granted to the Customer. 

Restrictions 

The Customer may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. 

The Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute the Services in any way; (ii) create Internet "links" to the Services or "frame" or "mirror" any content on any other server or wireless or Internet-based device; or (iii) reverse engineer or access the Services; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (v) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks, in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services. 

Provision of the services 

You acknowledge that portions of the Services may be made available in connection with: (i) certain of Provider's subsidiaries and affiliates, including licensee companies or Application concessionaires; or (ii) independent Third-Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.  

Regarding the services rendered by the third-party transport provider, they can be selected by the User at his discretion, based on availability and offer in real time. At the time of selection of the transport service, it will be possible to access the general conditions of transport and related services, whose acceptance will be subject to the use of the transport service. 

Third Party Interactions 

The Services may be made available or accessed in connection with third party services and content (including advertising). Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between the applicable third-party and You. The Provider and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such third-party. The Provider does not endorse any sites on the Internet that are linked through the Service. The Provider provides the Service to You pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require Your agreement to additional or different license or other terms prior to Your use of or access to such software, hardware or services. Additionally, Apple Inc. or Google Inc. will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS and Android powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service. 

Service features that interoperate with other applications, information, resources, hosting and telematics services, depend on their continuing availability. If the application, information or resource owner cease to make it available, the Provider have no liability, obligation or responsibility on such features and You are not entitled to any refund, credit, or other compensation. 

Intellectual Property Ownership 

The Provider alone (and its licensors, where applicable) shall own all rights, titles and interests, including all related Intellectual Property Rights, in and to the Application Technology, Content and Service and any suggestions, ideas, enhancement requests, feedbacks, recommendations or other information provided by You or any other party relating to the Service. This Agreement is not a sale and does not convey to You any rights of ownership in or related to the Service, the Application Technology or the Intellectual Property Rights owned by the Provider or its licensors. The Application name, logo and product names associated with the Service are trademarks of the Provider or third parties, and no right or license is granted to You to use them. 

User Accounts 

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Provider's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.  

User Requirements and Conduct 

You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. If you make a Reservation and multiple people are traveling in your party, you, as the account associated with the Reservation, are responsible for the conduct of everybody traveling in your party. When you make a Reservation, you must indicate how many people are travelling in your party. If you do not, we reserve the right to refuse service to additional guests or charge an additional Fee. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. 

Promotional Codes 

The Provider may, with the authorization of Third Commercial Partners, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party Provider’s services, subject to any additional terms that the Provider or Third Commercial Partners establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by the Provider; (iii) may be disabled by the Provider or by Third Commercial Partners at any time for any reason without liability to the Provider or to the Third Commercial Partners; (iv) may only be used pursuant to the specific terms that the Provider or Third Commercial Partner establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. The Provider or Third Commercial Partner reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that the Provider or Third Commercial Partner determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. 

Network Access and Devices 

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. The Provider does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 

THE PROVIDER’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE PROVIDER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 

Payment 

You understand that use of the Services may result in charges to you for the services you receive from a Third-Party Provider (“Charges”). You will be charged when your Ride is complete. All Charges are non-refundable and inclusive of taxes and other government surcharges. If you cancel a Reservation, we may charge you a Fee. Repeated cancellations may result in the suspension of your account. If you are not present at the time and place designated in your Reservation, we may charge you a Fee. Repeated “no-show” instances may result in the suspension of your account. You may purchase credit towards future Rides. Purchases of credits are non-refundable and may only be used with the Service. The Provider may offer promotional codes with varying features and rates that are redeemable for trip credit. Any such promotional code is valid until its stated expiration date.  

Disclaimer of Warranties 

THE PROVIDER AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. THE PROVIDER AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE PROVIDER AND ITS LICENSORS. 

Limitation of Liability 

THE PROVIDER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVIDER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MVMANT’S REASONABLE CONTROL.  

THE PROVIDER’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION OR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT THE PROVIDER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION OR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.  

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. 

Indemnity 

You shall indemnify and hold the Provider, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Provider's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers. 

Modification to Terms 

The Provider reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute Your consent to such changes. 

General 

This Agreement may not be assigned by You to others without the prior written approval of the Provider, but it may be assigned without Your consent by the Provider to (i) a subsidiary or affiliate, (ii) an acquirer of equity, business or assets, or (iii) a successor by merger.  

This Agreement will be subject to the laws of the country in which the Concession Holder for Ride Booking Services is located through the Application. In all other cases the present Agreement will be subject to the laws of the Italian Republic, regardless of the choice or conflicts of legal clauses of any jurisdiction, and any dispute, action, claim or cause of action arising out of or connected to this Agreement or Service. 

No text or information shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. The failure of the Provider to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Provider in writing.