TERMS AND CONDITIONS
These General Conditions are intended to regulate the methods by which INNOVATION GROUP SRL SOCIETA' BENEFIT (hereinafter "we" or "Innovation Group") provides Users with the service called "FOODJA" (of which it is the owner and exclusive proprietor), as well as the use of any mobile application or any other physical or digital application that allows Users to use the services offered by Innovation Group through its Foodja platform (cumulatively, hereinafter "Foodja").
The use of the Services offered by Innovation Group and, in particular, of the service called Foodja, implies the users' acceptance of these General Conditions. Innovation Group reserves the right to amend these General Conditions at its sole discretion. We recommend printing out a copy of these General Conditions for future reference.
For the sake of clarity, it is specified that any reference to “Foodja” in these General Conditions includes all current or future versions of the website foodja.it as well as any mobile application owned by Innovation Group through which Foodja services are accessed, regardless of whether, in either case, access is through a currently existing platform or device or through a future platform or device.
Visiting the website foodja.it or even only some of its parts, and/or the use of Foodja constitutes acceptance by the Users of these General Conditions.
Users who do not accept these General Conditions are obliged not to use the services offered by Innovation Group, not to order products through Foodja and not to visit the website foodja.it .
General Conditions: this agreement, which governs the relationship between Innovation Group and the User (hereinafter referred to as the User) in relation to the use of the Service; User/Users: is the Customer, understood as a natural person, acting for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out, end user of the Service; Organiser: is the organiser of the Event using the Service provided by Innovation Group Foodja: Service platform that enables the management of consumption flows in a limited area (e.g. events, fairs, concerts, festivals, etc.), allowing users to order products through apps or physical applications installed at the event venue; Products: the Products marketed by the Organiser at the Event venue, which can be purchased through the Foodja applications provided by Innovation Group; Service: an activity of the Innovation Group that enables the purchase, via the methods described below, of withdrawal tickets for Products offered for sale by the Organiser;
1. GENERAL CONDITIONS OF USE AND SALE
1.1. INNOVATION GROUP SRL SOCIETA’ BENEFIT, con sede legale in 20134 Milano, V.le Enrico Forlanini n. 15, C.F./P.IVA/N. Iscr. R.I. 12824010966, n. REA MI – 2686649, è una società di diritto italiano operante nel settore dello sviluppo di tecnologie e servizi innovativi a elevato valore tecnologico.
1.2. INNOVATION GROUP provides Users, via the platform called FOODJA, with a system for booking food and beverage products, as well as products related to Events (e.g. merchandising, gadgets, etc.) at events such as concerts, festivals, fairs, food fairs, etc. at the venues of said events. The contract for the purchase of Products and for the supply is concluded directly between the User and the event organiser the user places the Order with (hereinafter the "ORGANISER") via the FOODJA service and the applications connected to it, and INNOVATION GROUP will conclude the sale of the Products on behalf of the Organiser. Under no circumstances shall INNOVATION GROUP be obliged to promote the conclusion of contracts between the Organiser and the User.
2. CONDITIONS OF USE OF FOODJA
2.1. Access to the website: Access to the website https://www.foodja.it/ or certain applications for the Foodja service is possible also without placing or having placed an Order or without registering one’s own data.
2.2. Acceptance of the General Conditions: Use of the Foodja Service, via the website, app or any other physical or digital application implies acceptance of these General Conditions without reservation. Users who do not accept these General Conditions are obliged not to use the services offered by Innovation Group and not to order products through Foodja.
2.3. Amendments to the General Conditions: INNOVATION GROUP is entitled to amend these General Conditions at its sole and unquestionable discretion at any time, without any obligation to notify Users individually, even if they are registered. Therefore the User is obliged to periodically check the General Conditions in force at the time the product order is placed, since the version published on the website https://www.foodja.it/ on that date will apply to Users in relation to the order placed. Users using Foodja are bound by the rules in force at the time they place an Order.
2.4. Responsibility: the satisfaction of the requirements, of all kinds, for access to the website www.foodja.it and the use of Foodja is the exclusive responsibility of the User. Users are obliged to ensure that all those who have access to Foodja via their account and/or their Internet connection and/or their IP address are aware of and accept these General Conditions without reservation.
2.5. Should Innovation Group, through Foodja (i.e. its website, the mobile app and any other application) or other websites or mobile apps, provide links to third party websites, the User accepts and declares that Innovation Group is not responsible for any malfunctioning or other detrimental acts that may be caused to the User by visiting these third party websites. Innovation Group will not provide links that are known to be harmful or dangerous to the User, but cannot exclude the possibility that such links have been hacked or tampered with, and hereby disclaims any responsibility for visiting such domains.
3. USER REQUIREMENTS
3.1. Legal capacity and age: By placing an Order through Foodja, the User warrants that they have the capacity to act and to enter into legally binding contracts with the Organisers, that they are at least 18 years of age and that they meet the legal requirements necessary to place an Order for certain Products (i.e. alcoholic beverages, tobacco products, etc.) in accordance with Article 3.3 below.
3.2. If the User has a specific food allergy or intolerance, they confirm and undertake to contact the Organiser directly to verify that the food is suitable for their needs, before placing the order directly with the Organiser via Foodja.
3.3 Alcoholic beverages and tobacco products: The User is aware that it is an offence for any person under the age of 18 to purchase, or attempt to purchase, alcoholic beverages, as well as to purchase or attempt to purchase, tobacco or other smoking-related products for themselves or on behalf of a person under the age of 18. If the User's Order includes any alcoholic beverages, cigarettes or other smoking related products, the User will be required to provide proof of their age when collecting the Order at the dispensing points provided by the Organiser. If the User is unable to provide proof of being 18 years of age or older at the Organiser's discretion, or where the Organiser reasonably believes that the alcoholic beverages, cigarettes or other smoking related products ordered by the User were purchased by the User on behalf of a person under the age of 18, the Organiser reserves the right not to complete the delivery of the alcoholic beverages, cigarettes or other smoking related products to the User.
4. SERVICE DELIVERY METHOD
4.1. Choice of products in the Order: the User, via the Foodja applications, whether digital or physical (the latter installed at the Event venue), may choose from the proposed menu the products they wish to purchase. After having made this selection and having completed the Order with the information requested, which varies according to the nature and type of the product they intend to purchase, the User must complete the Order by selecting the confirmation button (i.e: “pay now” or “proceed to payment” or similar button). The correctness of the information entered and the products selected is the sole responsibility of the User, who must necessarily correct any errors before clicking on the confirmation button or selecting it since, following confirmation, the User will have concluded a contract of sale with the Organiser and it will no longer be possible to correct any errors or withdraw from the Order (without prejudice to paragraph 4.2 below).
4.2. Modification of or withdrawal from the Order: Pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded in relation to the purchase of products manufactured to order and/or prone to rapid deterioration. Once the Order has been placed, the User will have concluded, pursuant to these General Conditions, a contract for the sale of rapidly perishable products and, therefore, will not be able to change or withdraw from the Order, with the consequent loss of the right to any refund. For this purpose, please refer to Article 5. for further information on the procedure applicable to refusing to execute Orders and the reimbursement of payment.
4.3. Authorisation for payment: If any payment is not authorised, the Order shall not be processed or sent to the Organiser, who shall therefore not be obliged to process it.
4.4. Processing the Order: upon completion of the Order, Innovation Group will issue the User with a QR Code authorising them to collect the purchased products at the dispensing points located at the event venue by the Organiser. The proper execution of the Order is the sole responsibility of the Organiser. Innovation Group strongly encourages the latter to execute all Orders and to promptly notify the User (usually by e-mail or text message) of any refusal to execute Orders or any closure of product supply points as soon as reasonably possible. However, Innovation Group does not exclude the possibility that, for reasons beyond its control, the Organiser may not be able to correctly process the Order received. In these cases, any payment already made in connection with the Order shall be returned to the User in accordance with Article 5.5 below.
4.5. Delivery of the Order: The delivery time of the Order may vary depending on the flow of Users present at the event at which the User placed the Order. However, the Organiser undertakes to ensure the processing of the request received within a reasonable time frame. It is specified that once the Event has ended and/or once the Organiser, in its sole discretion, decides to terminate the supply of food and beverages at the Event, the Order may no longer be fulfilled, with the User having the right to a refund of the amounts paid in accordance with Article 5.5 below.
5. PRICE AND PAYMENT
5.1. VAT and additional costs: The prices of the products are those indicated on Foodja. Prices include VAT and service fees, but may not include any costs charged by the Organiser, including, but not limited to, any delivery charges. These will be added to the total amount due, where applicable. Delivery charges applied to the Order may vary depending on a number of factors and according to the Organiser's assessment. The same, if any, will always be clearly indicated to the User prior to the order confirmation procedure.
5.2. Payment methods: Payment of the Order may be made by credit/debit card or other electronic payment instrument via Foodja or in cash at the local cash desks set up by the Organiser at the Event venue when the ordered products are delivered to the User or collected.
5.3. Credit card payments: when paying by credit/debit card or other electronic payment method, there may be delays in processing payments and transactions. Some payments, therefore, may take up to sixty (60) days to be debited from the user's current account or credit or debit card.
5.4 Collection by Innovation Group: in the event of payment by credit or debit card or other electronic payment instrument, Innovation Group is expressly authorised by the Organiser, by virtue of the contract, to collect the payment for the orders on its behalf. The payment in favour of Innovation Group shall have a releasing effect for the User.
5.5. Non-execution or cancellation of the Order: Once the payment of the Order has been made by Credit Card, the sum is credited to Innovation Group according to standard banking terms. If the execution of the Order is subsequently refused by the Organiser (as described in Article 4.4 above) or if the Order is cancelled for any other reason, the bank or company that issued the card and/or handled the payment does not transfer the funds relating to the Order to Innovation Group and instead proceeds to make these sums available again in the user’s account. This could take up to 10 working days (or more, depending on the bank or card company). The User acknowledges and accepts that neither Innovation Group nor the relevant Organiser shall be liable to the User for any delay due to the aforementioned period in which the bank or card issuer makes the funds available to the User again. Users are invited to contact their bank or credit card company for more information on this matter.
6.1 General Provisions: Innovation Group does not offer a Customer Service directly accessible by the User. Any complaint or problem relating to an Order, the method of payment or, more generally, the Service shall be brought to the attention of the Organiser or the Organiser's staff, in the manner indicated by the Organiser in its sole discretion. Innovation Group shall in no way be held liable if the assistance service offered by the Organiser is inefficient or does not meet the User's expectations.
7. ACCESS TO FOODJA SERVICES
7.1. Suspension of Service: Access to Foodja may be temporarily suspended at any time, even without notice, at the sole discretion of Innovation Group.
7.2. Withdrawal: The User may withdraw from these General Conditions with two weeks' notice (to be communicated by e-mail to: firstname.lastname@example.org). In case of withdrawal, Innovation Group will delete the user's account, subject to legal obligations. Withdrawal shall not give rise to any obligation on the part of the Innovation Group or the User.
8. LICENCES AND AUTHORISATIONS
8.1. Permitted use: The user is permitted to use the website and to print and download extracts from the website for personal non-commercial use under the following conditions:
8.2. the user must not use the website in an improper manner, including by means of hacking or computerised data extraction (scraping).
8.3. Unless otherwise provided for, copyright and other intellectual property rights relating to the website and the material published on it (including, without limitation, photographs and graphic images) are the exclusive property of Innovation Group or the parties from which it has obtained the relevant licence. The above works are protected worldwide under copyright laws and treaties and all rights are reserved. For the purposes of this website, any use of extracts from this website in any manner other than in accordance with this Article 8.1 is prohibited.
8.4. It is not permitted to modify digital or hard copies of any printed material in accordance with Article 8.1 or to use any drawing, photograph or other graphic image, video or audio sequence separately from the accompanying text.
8.5. Using material on the website or the website itself for commercial purposes is not permitted without obtaining express permission from Innovation Group to do so.
8.6. Rights not explicitly granted in this website are reserved.
9. POSTS AND REVIEWS
9.1. Any post or review that is transmitted or published or uploaded by the User on Foodja, including any reviews on the services offered by Innovation Group, shall be considered non-confidential. The User, as the author of the post, the upload or the transmission, declares and guarantees that they own or otherwise control all rights relating to the same and that they are solely responsible for such content. The User acknowledges and agrees that Innovation Group shall have no obligation of any kind, and in particular no duty of review or control, with respect to such material and hereby grants Innovation Group, or any person appointed by Innovation Group, a perpetual, royalty-free licence to copy, communicate, distribute, incorporate, or otherwise use the material and any data, images, sounds, text, or other things embodied therein for any purpose whatsoever, whether commercial or non-commercial. Innovation Group reserves the right to inform the judicial authorities or other competent authorities if a User publishes material that is defamatory, denigrating and/or otherwise in breach of the law.
9.2. The User represents and warrants that any material that the User publishes (posts) or uploads to the website or otherwise transmits to the website does not violate, and will not violate in the future, any of the limitations set forth in Articles 9.3 and 9.4 below.
9.3. Material Policy: It is prohibited to publish, upload or transmit material that:
- is in violation of any applicable local, national or international laws;
- is unlawful or misleading;
- amounts to unauthorised advertising;
- contains viruses or any other harmful programme.
9.4. Policy on Reviews: Reviews posted by Users may not contain the material listed in this Article. Innovation Group reserves the right to remove or correct, at its sole discretion, reviews that are in violation of the policies of this Article or, in particular, that:
- contain defamatory, obscene or offensive material;
- infringe intellectual property rights of third parties;
- promote violence or discrimination;
- infringe intellectual property rights of third parties;
- are in breach of any legal obligation to third parties (such as, for instance, an obligation of trust);
- promote unlawful activities or violate the privacy rights of third parties;
- give the impression of coming from Innovation Group;
- are used to impersonate others or misrepresent reality regarding a close relationship (maternity/paternity) with another person.
10. LIMITATION OF LIABILITY
10.1. Innovation Group, at any time and without any obligation to give prior notice, may make any changes to the material on its website or applications, as well as to the operation of the same and the prices indicated therein. What is indicated on the website or on other Foodja applications may not be up to date. Therefore, the User is obliged to verify the correct usability of the Service in relation to the Event in which they intend to use it.Actions and omissions of the Organiser: The contract for the supply and purchase of Products is between the user and the Organiser to whom the user places the Order via Foodja. Innovation Group has no control over the actions and/or omissions of the Organiser. Without this constituting a limitation of the general validity of the foregoing, and without prejudice to cases of intent and gross negligence by Innovation Group, by using Foodja the User agrees to the following:
- Innovation Group makes no undertaking that the quality of products ordered by an Organiser will be satisfactory or that such products will be suitable for the user's purposes or conform to the user's expectations, and expressly disclaims any such warranty.
- The timing of product deliveries is the sole responsibility of each Organiser or parties delegated by them for this purpose. Innovation Group assumes no responsibility for delays or non-delivery of products by the Organiser to the User due to facts and/or omissions beyond Innovation Group's control.
- Innovation Group shall not be liable, without any obligation to pay compensation, for any non-fulfilment or late fulfilment of its contractual obligations under these General Conditions that is caused by force majeure, including but not limited to wars, riots, strikes, severe natural or atmospheric events, pandemics, revolutions, arson or negligent or natural fires, explosions, interruption of essential services (such as transport, medical assistance, etc.), laws, decrees, acts of the Government. In this case, the obligation of Innovation Group to perform the obligation will ipso jure cease to exist without creating any obligation for Innovation Group or the User.
10.3 The foregoing disclaimers do not affect any of the User's rights under the law and/or the sales contract with the Organiser, without prejudice to national or EU consumer protection legislation.
10.4 Without prejudice to the provisions of Article 12.1 below, Innovation Group shall in no event be liable to the User, whether in contractual or non-contractual terms or for breach of obligations imposed by law or in any other way, even if it is a foreseeable circumstance, arising out of or in connection with the Foodja service (including, without limitation, the inability to use the Service) in relation to:
- any loss of profits, sales, business or income;
- loss or destruction of data, information or software;
- loss of business opportunities;
- loss of expected savings;
- loss of goodwill;
- any indirect or consequential loss.
10.5. Limitation of liability: Without prejudice to the provisions of Article 10, Article 11 and Article 12, and without prejudice to the applicable consumer protection legislation, Innovation Group's liability towards the User in relation to any other loss deriving from or connected to or objectively traceable to the use of Foodja, whether contractual, non-contractual, for violation of obligations provided for by law or for any other reason, cannot exceed the lower of twice the value of the Order and an amount equal to Euro 100.
11.1. General provisions: nothing in these General Conditions is intended to exclude any liability of Innovation Group relating to mandatory rights that the law grants to Users (by way of example, the rights guaranteed to consumers pursuant to the Consumer Code).
12.1. Causes of termination: pursuant to Article 1456 of the Italian Civil Code, Innovation Group is fully entitled to terminate the contractual relationship with the User and suspend the User's right to use the Foodja service, immediately, by written communication by e-mail or by SMS, in the event that Innovation Group considers, at its sole discretion, that the User has violated one or more of the provisions contained in these General Conditions.
13.2. Partial invalidity: Should one or more provisions of these General Conditions be declared invalid, null or ineffective, in whole or in part, the invalidity, nullity or ineffectiveness shall only affect those terms, conditions or provisions and the remaining terms and conditions shall remain in full force and effect.
13.4. Transfer: The User may not transfer any of their rights or obligations under these General Conditions to third parties without the prior consent of Innovation Group. On the contrary, Innovation Group may transfer any right or obligation provided for in these General Conditions to a partner company or to any company with which it may become associated in order to carry out its business activity, without prejudice to the Users' rights provided for by the national and community regulations for the protection of the Consumer and without prejudice to the User's right of withdrawal under these General Conditions.
14. WRITTEN COMMUNICATIONS
14.1. Any notice that Innovation Group may communicate in writing to the User will be made to the e-mail address provided by the latter during registration.
14. APPLICABLE LAW AND JURISDICTION
15.1 Applicable Law: all claims and disputes arising in connection with the performance or interpretation of these General Conditions shall be governed exclusively by Italian law. For consumers resident in Italy, the mandatory consumer protection regulations under Italian law (Consumer Code) will apply.
15.2 Jurisdiction: any dispute arising from these General Conditions concerning Users who are not consumers shall be deferred to the exclusive jurisdiction of the Court of Milan. In the case of Users who qualify as Consumers, the regulations for the protection of the latter category shall apply.
Milan, 21 april 2023.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the user expressly approves the following Articles:
1. GENERAL CONDITIONS OF USE AND SALE, 2. CONDITIONS OF USE OF FOODJA, 3. USER REQUIREMENTS,5. PRICE AND PAYMENT, 7. ACCESS TO FOODJA SERVICES, 8. LICENCES AND AUTHORISATIONS, 9. POSTS AND REVIEWS, 10. LIMITATION OF LIABILITY, 12. RESOLUTION, 13. MISCELLANEOUS